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Padideh v. Moradi
Plaintiff's malicious prosecution claim was barred by the unclean hands doctrine where the lies by omission in her deposition caused the other side to not pursue certain legal actions.
Attorneys 6DCA Mar. 21, 2023
Chapman v. Doe
Order
USSC Mar. 21, 2023
Modification: People v. Burgess
Reversal warranted when trial court's factual findings evidenced there was no felony predicating the felony murder conviction.
Criminal Law and Procedure 3DCA Mar. 21, 2023
Marriage of Cohen
Appellate court declined application of disentitlement doctrine when ex-husband had not evidenced willful disobedience or obstructive tactics pending the appeal.
Family Law 4DCA/3 Mar. 21, 2023
Lopez v. La Casa de Las Madres
Plaintiff in pregnancy-discrimination action who failed to provide evidence her condition was related to pregnancy failed to meet her burden of proof.
Employment Discrimination 1DCA/3 Mar. 20, 2023
In re E.P.
Prosecution was entitled to new fitness hearing to determine if juvenile court had jurisdiction over gang member's case based on the amended evidentiary standard.
Juveniles 2DCA/6 Mar. 20, 2023
Regina v. State of California
Penal Code Section 28220(f)(4), which provided firearms dealer discretion on whether to sell shotgun to purchaser who had received an undetermined eligibility letter, did not violate Second Amendment.
Constitutional Law 2DCA/7 Mar. 20, 2023
Olson v. State of California
Under rational basis review, Postmates plausibly alleged that Assembly Bill 5, as amended, violated the Equal Protection Clause for those engaged in app-based ride-hailing and delivery services.
Constitutional Law 9th Mar. 20, 2023
Umana-Escobar v. Garland
Application of incorrect standard of review to Immigration Judge's determination--that there was insufficient nexus between immigrant's membership in protected group and harm faced in his home country--required remand.
Immigration 9th Mar. 20, 2023
Forrest v. Spizzirri
District court acted within its discretion by compelling arbitration and dismissing, rather than staying, an action where all issues were subject to arbitration.
Arbitration 9th Mar. 17, 2023
Glazer Capital Management, L.P., et al v. Forescout Technologies, Inc., et al
Cybersecurity company's statements on deals already made with clients that they expected to close were false and made with scienter but many were protected forward-looking economic projections.
Securities 9th Mar. 17, 2023
Modification: Make UC a Good Neighbor v. Regents of University of Cal.
Environmental Impact Report for the University of California, Berkeley's proposed housing project requiring the demolition of People's Park, a historic site, was deficient because it failed to provide project alternatives.
Environmental Law 1DCA/5 Mar. 17, 2023
Bassett Unified School District v. Superior Court of Los Angeles County (Michael Ross)
Judge was not disqualified where nothing in the record would make an objective observer doubt her ability to be impartial.
Judges 2DCA/5 Mar. 16, 2023
Modification: Carrillo v. County of Santa Clara
Allegations in plaintiff's medical negligence complaint did not support a delayed discovery exception to the one-year statute of limitations.
Torts 2DCA/4 Mar. 16, 2023
Atalla v. Rite Aid Corporation
Employer found not strictly liable under the Fair Employment and Housing Act for lewd text messages sent from supervisor to employee because the exchange was tied to the personal friendship between supervisor and employee.
Employment Law 5DCA Mar. 16, 2023
Gutierrez-Alm v. Garland
Board of Immigration Appeals properly denied Nicaraguan citizen's application for asylum because he presented no evidence brother's gang involvement or father's political activism would lead to future persecution.
Immigration 9th Mar. 16, 2023
People v. Ruiz
Habeas corpus petition for ineffective assistance of counsel was granted where defense counsel's complete lack of adversarial tactic was due to a brain tumor.
Criminal Law and Procedure 2DCA/8 Mar. 16, 2023
Kirchmeyer v. Helios Psychiatry Inc.
Medical Board of California's order compelling production of the medical records of a psychiatrist's family member was affirmed where the information was relevant to whether the psychiatrist violated professional boundaries.
Civil Procedure 1DCA/3 Mar. 16, 2023
Lopez v. American Medical Response West
Plaintiffs' first letter to defendant detailing ambulance accident, and providing a settlement demand amount, provided sufficient details that it served as an intent to sue notification under the Medical Injury Compensation Reform Act.
Health Care 1DCA/5 Mar. 16, 2023
People v. Burke
Penal Code Section 1385(c) is only applicable to enhancements and therefore could not be used to remove defendant's prior strike conviction.
Criminal Law and Procedure 3DCA Mar. 15, 2023
Carrillo v. County of Santa Clara
Allegations in plaintiff's medical negligence complaint did not support a delayed discovery exception to the one-year statute of limitations.
Torts 2DCA/4 Mar. 15, 2023
Malear v. State of California
Prisoner's prematurely filed claim against public entities for negligent COVID-19 response under the Government Claims Act was superseded by compliant amended complaint.
Government 1DCA/3 Mar. 15, 2023
State of Alaska Department of Fish and Game v. Federal Subsistence Board, et al
Plaintiff's claim that the Alaska National Interest Lands Conservation Act does not authorize the federal government to open emergency hunting seasons was excepted from mootness doctrine.
Constitutional Law 9th Mar. 15, 2023
Green v. Miss United States of America LLC
Order
9th Mar. 15, 2023
Castellanos v. State of California (Protect App-Based Drivers and Services)
Provisions defining what constituted an amendment to an initiative statute were unconstitutional as they intruded on both the Legislature's power as well as the Judiciary's authority to interpret the law.
Constitutional Law 1DCA/4 Mar. 15, 2023
Murguia v. Langdon
Where state actors left 10-month old twins in a more dangerous situation than the one in which they found them, the state-created danger exception applied.
Civil Rights 9th Mar. 15, 2023
People v. Tice
Testimony by victim and witness constituted substantial evidence upon which trial court could rely to conclude substance defendant sprayed on county employee was bodily fluid within the meaning of Penal Code Section 243.9(b).
Criminal Law and Procedure 4DCA/2 Mar. 15, 2023
Ruegg & Ellsworth v. City of Berkeley
Trial court did not exceed scope of Court of Appeal's remand instructions to grant petition for writ of mandate by addressing undecided Housing Accountability Act issues.
Civil Procedure 1DCA/2 Mar. 15, 2023
Katie Van v. LLR, Inc., et al
Class certification vacated because retailer defendant invoked an individualized issue--that retailer discounts left some class members uninjured--and provided evidence that at least some class members lacked meritorious claims.
Civil Procedure 9th Mar. 14, 2023
Forbes Media LLC et al. v. USA
The First Amendment did not provide journalist access to sealed All Writs Act technical assistance materials relating to an ongoing criminal investigation involving a fugitive.
Constitutional Law 9th Mar. 14, 2023