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Modification: John's Grill v. Hartford Financial Services Group
Insurance policy's limited coverage for viruses was so broadly written as to make coverage for any virus illusory. 		Insurance 1DCA/4 Jan. 25, 2023
Brown v. Commissioner of Internal Revenue Service
US Tax Court, as a court of limited jurisdiction, did not have authority to refund the Tax Increase Prevention and Reconciliation Act payment that was required to be submitted with taxpayer's offer in compromise. 		Tax 9th Jan. 25, 2023
People v. Kite
Penal Code Section 1203(l)(1) requires imposing the maximum possible sentence aggregately rather than separately. 		Criminal Law and Procedure 4DCA/1 Jan. 25, 2023
Chen v. BMW of North America
Defendant's Code of Civil Procedure Section 998 offer was sufficiently specific to limit plaintiff's attorney fees and costs since it allowed plaintiff to determine the offer's value. 		Civil Procedure 6DCA Jan. 25, 2023
Preciado v. Freightliner Custom Chassis Corp.
Information from chassis bus maker's website was not enough to establish jurisdiction as that information failed to target the specific model alleged to have caused the injuries. 		Civil Procedure 4DCA/1 Jan. 25, 2023
Center for Biological Diversity v. Haaland, et al.
U.S. Fish & Wildlife Service's denial of a petition to amend Grizzly Bear Recovery Plan was unreviewable because the Plan was not an action "from which legal consequences will flow." 		Environmental Law 9th Jan. 24, 2023
Imperial County Sheriff's Assn. v. County of Imperial
Trial court improperly denied class certification of two groups of Imperial County employees since both had a well-defined community of interest and any potential conflict between the two was hypothetical. 		Civil Procedure 4DCA/1 Jan. 24, 2023
SVAP III Poway Crossings, LLC v. Fitness Internat., LLC
Fitness facility's failure closure based on COVID-19 government orders did not relieve it from the obligation to pay rent during the months closed. 		Contracts 4DCA/1 Jan. 24, 2023
State of California v. Encino Hospital Medical Center
Hospital's general acute care license was sufficient and a separate chemical dependency license was unnecessary to bill insurers for detox services. 		Insurance 2DCA/1 Jan. 24, 2023
People v. Gonzalez
Court held a valid Penal Code Section 1172.6 evidentiary hearing despite not issuing an order to show cause because it followed the proper procedure and issued an evidentiary ruling. 		Criminal Law and Procedure 2DCA/5 Jan. 24, 2023
Vascos Excavation Group LLC v. Gold
Trial court properly placed burden of proof on contractor to establish that its responsible managing employee was bona fide. 		Business Law 2DCA/5 Jan. 24, 2023
In re Grand Jury
Order 		USSC Jan. 24, 2023
Arellano v. McDonough
Veteran who missed the one-year statutory deadline was barred from recovering retroactive disability benefits reaching back to his discharge date even if the missed deadline was due to a service-connected impairment. 		Veterans' Affairs USSC Jan. 24, 2023
Toth v. U.S.
Order 		USSC Jan. 24, 2023
People v. Waldon
Trial court conducted insufficient inquiry into whether defendant was competent to waive his right to counsel since it did not properly consider expert psychological testimony or defendant's stated reasoning. 		Criminal Law and Procedure CASC Jan. 24, 2023
Langer v. Kiser
Courts may not use an American with Disabilities Act serial litigant's history in order to establish credibility as to whether he has future standing. 		Disability Discrimination 9th Jan. 24, 2023
Tingley v. Ferguson
Order 		9th Jan. 24, 2023
City of Oxnard v. Starr
City must adhere to legislative initiative that created new rules for City council meetings but was not required to adhere to administrative initiative that determined how tax funds were spent. 		Government 2DCA/6 Jan. 23, 2023
Calaveras Telephone Company v. Public Utilities Commission
When calculating subsidies, the Public Utilities Commission has authority, through Public Utilities Code Section 275.6, to impute excess revenues that came from broadband internet service. 		Utilities 5DCA Jan. 23, 2023
5th AND LA v. Western Waterproofing Co. Inc.
Claim preclusion barred owner's lawsuit against roofing company where jury found against owner in a previous lawsuit dealing with the same claimed harm. 		Civil Procedure 2DCA/8 Jan. 23, 2023
Iyere v. Wise Auto Group
Arbitration agreement was not unconscionable merely because it stated that it was governed by the Federal Arbitration Act. 		Arbitration 4DCA/1 Jan. 23, 2023
People v. Davis
Defendant's voluntary enrollment in a residential drug treatment program could not be credited to his prison term for rape because the stay was not custodial and unrelated to the charge. 		Criminal Law and Procedure 1DCA/1 Jan. 23, 2023
Marriage of Destiny C. and Justin C.
Family Code Section 3044's presumption against awarding custody to abusers only pertains to current abuse--those occurring within five years of the family court's findings, as opposed to five years prior to filing the petition. 		Family Law 4DCA/1 Jan. 23, 2023
Wu v. Public Employment Relations Bd.
Educators Union did not breach duty of fair representation when it refused to represent a substitute teacher not protected under the collective bargaining agreement in her case against the School District. 		Education 3DCA Jan. 23, 2023
Grier v. Finjan Holdings
Shareholder's securities fraud class action suit failed to meet Securities Exchange Act Section 14(e)'s subjective falsity requirement even though it only required proving a reasonable and not strong inference of falsity. 		Securities 9th Jan. 23, 2023
People v. Morgan
Defendant's prior vehicular manslaughter convictions could not be used to enhance his current misdemeanor DUI charges to a felony because enhancement statute did not specifically include the prior violations. 		Criminal Law and Procedure 4DCA/1 Jan. 23, 2023
Save Our Capitol v. Department of General Services
Because the Historic Capital project description significantly changed from the recirculated draft environmental impact report to the final EIR, it ran afoul of CEQA. 		Environmental Law 3DCA Jan. 20, 2023
People v. Silva
Defendant was liable under the recently amended felony-murder rule since he participated in a deadly gang stabbing attack that he knew was likely to cause death. 		Criminal Law and Procedure 5DCA Jan. 20, 2023
In re D.P.
While parents' appeal of a finding of neglect was moot, a court may still exercise discretionary review if it believes review will protect the child and preserve the family. 		Dependency CASC Jan. 20, 2023
In re Marriage of D.H. and B.G.
In defining a child's "full-time" student status for termination of child support, courts are to consider the school calendar of the school that child attends to make its determination. 		Family Law 4DCA/1 Jan. 19, 2023
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