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People v. Sedano
Prosecution's testimony on child sexual abuse accommodation syndrome was admissible because it was admitted to help the jury's objective evaluation of the victim's credibility rather than vouch for her veracity.
Evidence 5DCA Feb. 22, 2023
In re A.A.
Children were not considered "Indian" under the Indian Child Welfare Act because their blood quantum was too low to qualify for Jemez Pueblo tribe membership.
Dependency 4DCA/2 Feb. 21, 2023
In re L.B.
Amendments to Welfare and Institutions Code Section 300(b) did not affect case when basis for jurisdiction was child's risk to mother's history of ongoing domestic violence.
Dependency 1DCA/1 Feb. 21, 2023
Sullivan v. University of Washington
Disclosure of committee appointment letters would not violate right to expressive association because the committee was not a group of individuals who banded together to advance shared goals or beliefs.
Civil Rights 9th Feb. 21, 2023
People v. Sallee
Penal Code Section 1170(b)'s hierarchical sentencing was inapplicable where defendant had entered a plea agreement with specified sentencing terms.
Criminal Law and Procedure 5DCA Feb. 17, 2023
G Companies Management, LLC v. LREP Arizona LLC
Court refused to enforce forum selection clause in loan agreement because California's constitutional usury law reflected a strong public policy that could not be violated.
Business Law 4DCA/3 Feb. 17, 2023
People v. Todd
Despite negotiated plea agreement, imposition of upper-term sentence was improper absent finding of aggravating circumstances.
Criminal Law and Procedure 6DCA Feb. 17, 2023
Duarte v. City of Stockton
Plaintiff's excessive force and false arrest claims were not barred by the Heck doctrine because his "no contest" plea was not entered as an actual conviction.
Civil Rights 9th Feb. 17, 2023
Lopez Hernandez v. Garland
Immigrant appellee seeking withholding of removal could not have judgment altered in his favor because he failed to file a cross-appeal.
Immigration 9th Feb. 17, 2023
U.S. v. Alvarez
Illegal alien's removal order was not fundamentally unfair because his prior state conviction for assault met the definition of a crime of violence.
Criminal Law and Procedure 9th Feb. 17, 2023
Modification: People v. Delgadillo
*People v. Wende* procedures did not apply to defendant's appeal from a denial of postconviction relief since there is no constitutional right to effective assistance of counsel at that stage of postconviction proceedings.
Civil Procedure CASC Feb. 17, 2023
Arcadians for Environmental Preservation v. City of Arcadia
Environmental organization's environmental impact report and general references to potential environmental impacts did not satisfy its exhaustion requirement for CEQA challenge to next-door neighbor's house expansion.
Environmental Law 2DCA/7 Feb. 17, 2023
D.S. v. Superior Court (San Bernardino County Children and Family Services)
Mother's adoptive status did not dismiss juvenile court and child welfare agency's duty to further inquire as to adopted child's possible Native American ancestry.
Dependency 4DCA/2 Feb. 16, 2023
U.S. v. Michell
Court's plain error was not reversible because there was no reasonable probability that defendant was ignorant that he had been convicted of a crime punishable by longer than a year.
Criminal Law and Procedure 9th Feb. 16, 2023
U.S. v. Farias-Contreras
Government's inclusion of information not specifically relevant to drug trafficker's case breached the parties' plea agreement.
Criminal Law and Procedure 9th Feb. 16, 2023
Chamber of Commerce v. Bonta
State law criminalizing the formation of certain types of arbitration agreements was preempted by the Federal Arbitration Act.
Arbitration 9th Feb. 16, 2023
In re Hunter W.
Juvenile was not entitled to retroactive, ameliorative effect of amended statute because his dispositional order could no longer be directly reviewed.
Juveniles 4DCA/1 Feb. 16, 2023
Ramos v. Wolf
Order
9th Feb. 14, 2023
Yoshikawa v. Seguirant
Order
9th Feb. 15, 2023
Bowerman v. Field Asset Services, Inc.
Class certification was reversed because the class members could not show that the whole class suffered damages traceable to their alleged misclassification as independent contractors.
Civil Procedure 9th Feb. 15, 2023
In re Jayden G.
Los Angeles Department of Children and Family Services failed to exercise due diligence in locating minor's father because it did not utilize specific information provided by mother in its searches.
Dependency 2DCA/8 Feb. 15, 2023
People v. Mendoza
Court was not required to dismiss firearm enhancement pursuant to Section 1385(c)(2)(C) where dismissal would endanger public safety.
Criminal Law and Procedure 4DCA/2 Feb. 14, 2023
Oberstein v. Live Nation Entertainment, Inc.
Although Ticketmaster's full legal name did not appear in Terms of Use arbitration provision, arbitration could still be compelled because the use of Ticketmaster's logo and links made it clear that it was a party to the provision.
Arbitration 9th Feb. 14, 2023
Armstrong v. Michaels Stores Inc.
Where employer's actions evidenced intent to compel arbitration, it had not waived its right to arbitrate, despite nearly a year-long delay in moving to compel arbitration.
Arbitration 9th Feb. 14, 2023
Water for Citizens of Weed California v. Churchwell White LLP
Anti-SLAPP motion was affirmed because plaintiffs did not establish law firm lacked probable cause to bring quiet title action based on a formal request to determine a corporation's water rights.
Anti-SLAPP 3DCA Feb. 13, 2023
Valero v. Spread Your Wings, LLC
Caregiver who fabricated a report about another caregiver's abuse of dependent adult in their care had absolute immunity from civil and criminal liability pursuant to the Elder Abuse Act.
Immunity 6DCA Feb. 13, 2023
San Diego County Credit Union v. Citizens Equity First Credit Union
Declaration of trademark non-infringement divested the district court of jurisdiction to rule on the validity of common-law trademark.
Intellectual Property 9th Feb. 13, 2023
In re E. Mark Moon
Settlement agreement arranged without licensed real estate broker that extended maturity date of original loan arranged by licensed real estate broker was usurious forbearance.
Bankruptcy BAP Feb. 10, 2023
Degala v. John Stewart Company
Subcontractor employee's claims against the general contractor and site owner were not barred by the Privette doctrine where employee was attacked by a third party and the defendants were involved in site security matters.
Torts 1DCA/2 Feb. 9, 2023
In re M.C.
Child adjudged dependent should have been placed with parent who requested custody where there was not clear and convincing evidence such placement would be detrimental to the child.
Dependency 1DCA/2 Feb. 8, 2023