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Shulman v. Kaplan
Cannabis business owners lacked standing to pursue Racketeer Influenced and Corrupt Organizations Act claims because statute's protection of "business or property" did not cover federally illegal cannabis businesses.
Criminal Law and Procedure 9th Jan. 19, 2023
Adanna Car Wash Corp. v. Gomez
Employer's posting of Labor Code Section 2055 surety bond to operate a car wash did not also qualify as a bond for appeal of a Labor Commissioner decision.
Employment Law 2DCA/5 Jan. 19, 2023
Amended Opinion: In re Jane Doe
The 72-hour deadline for considering an aggrieved victim's mandamus petition imposed by the Crime Victims' Rights Act is not a jurisdictional deadline.
Criminal Law and Procedure 9th Jan. 19, 2023
Iloh v. The Regents of the University of California
The public's interest in communications between a public university and a research professor regarding published articles outweighed a possible chilling effect on academic freedom.
Public Records Act 4DCA/3 Jan. 18, 2023
People v. Nash
Defendant was not adequately put on notice of sentencing enhancement for committing lewd act on two victims under 14 years old since the pleadings never mentioned the relevant enhancement provision.
Criminal Law and Procedure 4DCA/1 Jan. 18, 2023
Brubaker v. Strum
Request for an order determining support arrearage was not prohibited even though the support obligor's employer was under a wage assignment order.
Family Law 2DCA/7 Jan. 18, 2023
Opara v. Yellen
Former IRS agent failed to establish discrimination claim when the direct evidence largely supported her termination based on unauthorized inspections of tax return information.
Employment Discrimination 9th Jan. 18, 2023
U.S. v. Lillard
Defendant's Sixth Amendment right to counsel of choice was not violated when the Government seized funds in his untainted inmate trust account pursuant to a valid restitution order.
Constitutional Law 9th Jan. 18, 2023
Sarah K. v. Superior Court (Sonoma County Human Services Department)
Terminating reunification services was appropriate where juvenile court found returning child to mother's custody would be detrimental, even though detriment did not result from original actions that led to removal.
Dependency 1DCA/2 Jan. 18, 2023
Modification: Natomas Unified School v. Sacramento County Bd.
District panel abused its discretion by failing to review all evidence of middle schooler's "continuing danger" in its decision to suspend student who brought a BB gun to school.
Education 3DCA Jan. 18, 2023
Aguilar v. Mandarich Law Grp.
As the federal equivalent of the state's Fair Debt Collection Practices Act requires showing that the violation was material, the state statute also requires the same objective standard.
Anti-SLAPP 6DCA Jan. 18, 2023
Edais v. Superior Court
San Mateo Coroner's Office was required to disclose its investigation report of a police officer's suicide since the public's interest in the report far outweighed the deceased officer's privacy interest.
Public Records Act 1DCA/3 Jan. 18, 2023
Modification: People v. Sherman
Defendant's conviction for dissuading a victim was affirmed since his attempt to prevent access to her phone could reasonably be considered an attempt to prevent her from calling the police.
Criminal Law and Procedure 1DCA/4 Jan. 17, 2023
People v. Superior Court (Cortez)
Prisoner's small clandestine notes sent in an envelope to his attorney were not protected by the attorney-client privilege because the notes were unrelated to legal representation.
Prisoners' Rights 6DCA Jan. 17, 2023
Antonyuk v. Nigrelli
Order
USSC Jan. 13, 2023
Washington State Health Care Authority v. Centers for Medicare & Medicaid Services
The state of Washington's plan to amend its statutes to allow Medicaid payment for dental health aide therapists did not violate Medicaid's free choice provision.
Health Care 9th Jan. 13, 2023
Amended Opinion: Singh v. Garland
Substantial evidence did not support the Board of Immigration Appeals' determination that the harm petitioner suffered did not rise to the level of persecution.
Immigration 9th Jan. 13, 2023
Smalley v. Subaru of America, Inc.
Lemon law 998 offer that exceeded amount of actual judgment awarded and carried reasonable prospect of acceptance at the time it was made was reasonable and made in good faith.
Civil Procedure 4DCA/3 Jan. 13, 2023
Law Office of Carlos R. Perez v. Whittier Union High School Dist.
Firm submitting California Voting Rights Act demand letter requesting conversion to district-based voting does not have to show prospective plaintiff incurred expenses associated with the letter to receive statutory reimbursement.
Government 2DCA/8 Jan. 13, 2023
U.S. v. Amintobia
Naturalization seeker's conviction for lying under oath was warranted where government presented sufficient evidence that naturalization application contained material misrepresentations.
Immigration 9th Jan. 12, 2023
U.S. v. Munoz
Federal sentence enhancement for offense involving three or more firearms was appropriate where defendant's possession of a polymer kit gun was violation of state law.
Criminal Law and Procedure 9th Jan. 12, 2023
People v. Cress
Trial court's dismissal of second petition seeking vacatur of murder conviction was appropriate where appeal of the original petition was still pending.
Criminal Law and Procedure 4DCA/2 Jan. 11, 2023
Grosz v. California Dept. of Tax & Fee Administration
Taxpayer lacked standing to bring action against Department of Tax Fee Administration since determination of whether Amazon was a "retailer" for products sold through its third-party merchant program was discretionary.
Administrative Agencies 2DCA/1 Jan. 11, 2023
Johnson v. Walmart, Inc.
Because Walmart's online Terms of Use arbitration agreement was separate from consumer's in-store purchase of service agreement, arbitration agreement was unenforceable.
Arbitration 9th Jan. 11, 2023
So. California Gas Co. v. Public Utilities Commission
Governmental entity's discovery requests that sought all sources of funding for company's lobbying activities were not narrowly tailored to avoid unnecessary interference with constitutionally protected activities.
Constitutional Law 2DCA/1 Jan. 10, 2023
Dominguez v. Bonta
Plaintiffs lacked standing because the alleged injuries suffered as a result of the challenged laws affecting legal fees for professional negligence claims were too speculative and hypothetical.
Constitutional Law 5DCA Jan. 10, 2023
County of Santa Clara v. Superior Court (AT&T Mobility)
Higher property tax rates assessed on utilities were not violations of Article XIII, Section 19 of the California Constitution.
Constitutional Law 6DCA Jan. 10, 2023
People v. Superior Court (Cheek)
Sexually violent predator convicted of minor abuse was not allowed conditional release near a four-student private school created after the community received notice of the predator's release.
Civil Procedure 6DCA Jan. 10, 2023
Desert Regional Medical Center, Inc. v. Miller
Because employer continued on the path of litigation, delaying filing to compel arbitration for over four years, it waived any right to arbitrate individual employee claims.
Arbitration 4DCA/2 Jan. 10, 2023
Shusha, Inc. v. Century-National Insurance Co.
Sustaining demurrer was not appropriate where complaint alleged that the COVID-19 virus adhered to and physically changed surfaces in insured's restaurant into fomities.
Insurance 2DCA/7 Jan. 9, 2023