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Morgan v. Ygrene Energy Fund, Inc.
Plaintiffs were required to exhaust administrative remedies before suing companies affiliated with Property Assessed Clean Energy loans since the assessments were considered a tax that required a verified written application.
Administrative Agencies 4DCA/1 Nov. 3, 2022
In re Foster
Parole board's summary denial of prisoner's request to subpoena witnesses at parole rescission hearing was a violation of the prisoner's due process rights.
Criminal Law and Procedure 1DCA/2 Nov. 3, 2022
Modification: In re T.O.
Minor was not required to register as a sex offender because he was placed in the custody of a program that was not subject to mandatory registration.
Juveniles 4DCA/2 Nov. 3, 2022
Green v. Miss United States of America LLC
Forcing a beauty pageant to accept a transgender female as a participant would fundamentally alter the pageant's expressive message in direct violation of the First Amendment's protection against compelled speech.
Constitutional Law 9th Nov. 3, 2022
Modification: Villareal v. LAD-T, LLC
Defendants' extreme delay in filing a fictitious business name to try to enforce arbitration agreement with former employee may have constituted a waiver of the right to arbitrate.
Arbitration 2DCA/7 Nov. 3, 2022
Modification: Shapell Socal Rental Properties v. Chico's FAS
In an unlawful detainer action, plaintiff's counsel breached its ethical and statutory obligation to advise opposing counsel of the intent to seek entry of a default judgment.
Civil Procedure 4DCA/3 Nov. 2, 2022
Ruelas v. County of Alameda
Order
9th Nov. 2, 2022
Amended Opinion: Save the Bull Trout v. Williams
Environmentalist plaintiffs' claims were precluded because claim preclusion barred subsequent filings of claims that were subject to a denial of leave to amend.
Civil Procedure 9th Nov. 2, 2022
Hernandez v. Garland
An immigration judge may use a probable-cause declaration in Form I-213, Record of Deportable/Inadmissible Alien, to determine whether a crime was serious to bar an applicant's request for asylum.
Immigration 9th Nov. 1, 2022
U.S. v. Richards
Court's imposition of term of imprisonment, without a jury finding that defendant violated a condition of supervised release prohibiting the defendant from possessing a firearm, did not violate defendant's constitutional rights.
Criminal Law and Procedure 9th Nov. 1, 2022
Davis v. Shiekh Shoes, LLC
Employer waived its right to invoke arbitration of its employee's claims by participating in the lawsuit for seventeen months without moving to compel arbitration.
Arbitration 1DCA/2 Nov. 1, 2022
People v. Machado
The trial court was not bound by the parties' stipulation that defendant was eligible to have his conviction vacated and was entitled to resentencing relief.
Criminal Law and Procedure 2DCA/1 Nov. 1, 2022
In re Oscar H.
Department of Children and Family Services prejudicially erred by not inquiring of father or of extended family members about potential Indian ancestry before terminating parental rights.
Dependency 2DCA/8 Oct. 31, 2022
GCIU-Employer Retirement Fund v. MNG Enterprises
Under the Multiemployer Pension Plan Amendments Act, employers withdrawing from an ERISA plan are to be imposed a withdrawal liability rate accurately tailored to the plan's expected rate of growth.
Employment Law 9th Oct. 31, 2022
City of Reno v. Netflix Inc.
City's action against video streaming providers for alleged failure to pay franchise fees failed under Nevada's Video Service Law because statute did not confer a right of action on the city.
Cyber Law 9th Oct. 31, 2022
People v. Vargas
Defendant who told the actual killer to shoot was still liable for murder as an aider and abettor even after changes to the felony murder rule.
Criminal Law and Procedure 2DCA/2 Oct. 31, 2022
G.I. Industries v. City of Thousand Oaks
Plaintiff was entitled to judicial declaration that CEQA-exemption determination was void where City failed to give proper 72-hour notice via inclusion as an item of business on posted meeting agenda.
Government 2DCA/6 Oct. 28, 2022
Modification: Adoption of M.R.
Trial court erroneously failed to make Indian Child Welfare Act findings prior to freeing child from father's custody and control under Probate Code Section 1516.5 and Family Code Section 7822.
Family Law 3DCA Oct. 28, 2022
Dhital v. Nissan North America, Inc.
Plaintiffs' fraudulent inducement claim regarding their new Nissan was not barred by the economic loss rule because their allegations of presale fraudulent inducement were independent of the subsequent contract.
Torts 1DCA/4 Oct. 28, 2022
Bliss Sequoia Insurance & Risk Advisors Inc. v. Allied Property & Casualty Insurance Co.
Under Oregon law, the phrase "because of bodily injury" in insurance policy included only damages reasonably or foreseeably resulting from bodily injury, not just any that may arise in lawsuits connected to someone's injury.
Insurance 9th Oct. 28, 2022
Council for Education and Research v. Starbucks Corp.
Where Section 998 offer required a general release that encompassed claims beyond the scope of the litigation, the compromise offers were invalidated and trial court erred in denying taxing of costs.
Civil Procedure 2DCA/4 Oct. 28, 2022
Trujillo v. City of Los Angeles
A Section 998 offer to settle becomes inoperative once the court issues a summary judgment ruling, whether written or oral.
Civil Procedure 2DCA/2 Oct. 28, 2022
People v. Duran
Section 1172.6 evidentiary hearing for resentencing did not disturb defendant's final judgment of conviction, so the privilege against self-incrimination, and therefore the use immunity doctrine, did not apply.
Criminal Law and Procedure 2DCA/2 Oct. 28, 2022
People v. Picazo
Statute allowing support dogs was not specific to only children, but may also be used by adult victims whose anxiety could be reduced by the dog's presence.
Criminal Law and Procedure 1DCA/2 Oct. 27, 2022
Figueroa v. FCA US
Manufacturer had no right to net cash from consumer's sale of defective vehicle that only occurred dur to manufacturer's refusal to replace the vehicle as required by the Song-Beverly Act.
Consumer Law 2DCA/6 Oct. 27, 2022
Limon v. Circle K Stores
Former gas station employee lacked standing to pursue damages in California because he did not suffer any injury under the Fair Credit Reporting Act from receiving an accurate consumer report.
Civil Procedure 5DCA Oct. 27, 2022
K.M. v. Grossmont Union High School Dist.
Treble damages provision in Code of Civil Procedure Section 340.1 for a claim involving a prior cover-up of childhood sexual abuse is not applicable to public school districts.
Civil Procedure 4DCA/1 Oct. 27, 2022
Verdun v. City of San Diego
Under the administrative search exception, tire chalking is not a Fourth Amendment violation and consequently, municipalities are not required to obtain warrants prior to chalking tires.
Constitutional Law 9th Oct. 27, 2022
California Chamber of Commerce v. Council for Education and Research on Toxics
Order
9th Oct. 27, 2022
Defries v. Yamaha Motor Corporation, U.S.A.
Failure to instruct jury on nondelegable duty was prejudicial when plaintiff's theory of the case was based on imputed negligence resulting from manufacturer's nondelegable duty to provide a safe product.
Torts 4DCA/2 Oct. 27, 2022