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Tariwala v. Mack
The merger of title doctrine did not automatically apply to recorded driveway easement where the result would render the property worthless as the easement was the only access to the road.
Real Property 2DCA/6 Oct. 27, 2022
Vought Construction Inc. v. Stock
Payor with good faith argument for withholding entire progress payment did not violate statute creating right to withhold up to 150 percent of a disputed amount from a progress payment.
Contracts 1DCA/4 Oct. 26, 2022
Camp v. Home Depot U.S.A., Inc.
A quarter-hour time-rounding policy may be unlawful where the timekeeping system records each punch to the minute.
Employment Law 6DCA Oct. 26, 2022
In re: Jane Doe
18 U.S.C. Section 3663(a)(3) grants statutory authority to district courts to award restitution where a defendant agrees in a plea agreement to pay restitution.
Criminal Law and Procedure 9th Oct. 26, 2022
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. 25, 2022
U.S. v. Kabir
District court properly imposed a 300-month sentence on defendant since he was an "organizer" of a terrorist conspiracy who influenced others to take concrete actions against the United States.
Criminal Law and Procedure 9th Oct. 25, 2022
Cadena v. Customer Connexx LLC
Where waiting for computer to boot up and log in to timekeeping program was necessary to perform call center duties, time spent waiting for the boot up and log in was compensable under the Fair Labor Standards Act.
Employment Law 9th Oct. 25, 2022
Shayler v. 1310 PCH, LLC
Given the repetitive nature of high-frequency Americans with Disabilities Act litigation, district court provided adequate "concise but clear explanation" of the grounds for decision to significantly reduce award for attorney's fees.
Disability Discrimination 9th Oct. 25, 2022
In re K.H.
Where the juvenile court's finding that the Indian Child Welfare Act did not apply was based on a cursory record and insufficient inquiry, the finding was not supported by substantial evidence.
Dependency 5DCA Oct. 25, 2022
Mendoza-Linares v. Garland
Ninth Circuit lacked jurisdiction to hear petition challenging expedited removal proceedings because of comprehensive jurisdictional limits prohibiting review of expedited proceedings implemented by statute.
Immigration 9th Oct. 25, 2022
Jane Does No. 1-6 v. Reddit Inc.
Reddit was shielded from liability for their users' posts of sexually explicit images of minors because they did not knowingly benefit from the alleged sex trafficking.
Cyber Law 9th Oct. 25, 2022
Parker v. Schwarcz
Plaintiff was not entitled to production of documents and communications from the temporary conservator of her estate since these items were not "real or personal property" under the Probate Code.
probate_and_trusts 1DCA/3 Oct. 24, 2022
City of Los Angeles v. PricewaterhouseCoopers, LLC
Award of monetary sanctions for city's alleged egregious misuse of the discovery process was not authorized by the statutes cited under the Civil Discovery Act.
Civil Procedure 2DCA/5 Oct. 24, 2022
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 Oct. 24, 2022
People v. Schell
Participation in a retaliatory fatal gang attack where the other assailants used weapons to beat the victim was sufficient evidence to support his conviction for second-degree implied malice murder.
Criminal Law and Procedure 2DCA/6 Oct. 24, 2022
People v. Keel
Petition for resentencing was improperly denied because defendant's youth greatly diminished any inference that he acted with reckless indifference to human life.
Criminal Law and Procedure 4DCA/1 Oct. 24, 2022
Lopez v. Garland
The Immigration Judge improperly denied immigrant's application for relief under the Convention Against Torture by disregarding relevant evidence and making unsupported conclusions about the alleged police violence.
Immigration 9th Oct. 24, 2022
Planned Parenthood Federation of America v. Center for Medical Progress
Pro-life activists could not use the First Amendment to shield themselves when they used illegal means to pursue their investigative story against Planned Parenthood.
Constitutional Law 9th Oct. 24, 2022
Modification: Athletics Investment Group v. Dept. of Toxic Substances Control
New Hazardous Waste Control Law provision did not require the Department of Toxic Substances Control to rescind a certification for treated metal-shredder waste as nonhazardous.
Environmental Law 1DCA/3 Oct. 24, 2022
Sheetz v. County of El Dorado
In land-use regulation case, traffic impact mitigation fee imposed by county as condition of issuing building permit was subject to the "reasonable relationship" test under Mitigation Fee Act, not the "unconstitutional conditions doctrine."
Real Property 3DCA Oct. 21, 2022
In re A.H.
The Department of Social Services violated alleged father's due process rights by failing to make any reasonable inquiry into his parentage or appraise him of the termination of his parental rights.
Dependency 1DCA/2 Oct. 21, 2022
Killgore v. Specpro Professional Services
Under Section 1102.5(b) of the Whistleblower Act, a protected disclosure includes employees' disclosure of potential violations to those with authority over the employee.
Employment Law 9th Oct. 21, 2022
Wakefield v. Visalus Inc.
Aggregated statutory damages awards are subject to constitutional limitations in extreme situations, even where the per-violation penalty is otherwise constitutional.
Remedies 9th Oct. 21, 2022
Crespin v. Ryan
Order
9th Oct. 21, 2022
Immigrant Rights Defense Council, LLC v. Hudson Insurance Co.
Party suing immigration consultants on behalf of general public could not recover litigation costs from bond guarantor because statute limited recovery to persons damaged by the immigration consultants.
Remedies 2DCA/4 Oct. 20, 2022
Costa v. Road Runner Sports
Consumer did not implicitly consent to arbitration through imputation of his attorney's knowledge of the arbitration provision.
Arbitration 4DCA/1 Oct. 20, 2022
In re Tellez
Ineffective assistance of counsel claim failed because advisement of a potential Sexually Violent Predator Act commitment before pleading guilty to committing a lewd and lascivious act on a child is not constitutionally required.
Criminal Law and Procedure 4DCA/1 Oct. 20, 2022
Allen v. Staples, Inc.
Summary judgment was not appropriate where Equal Pay Act plaintiff-appellant had shown she was paid less than an appropriate male comparator and the defendant failed to provide evidence of its defense.
Employment Discrimination 2DCA/5 Oct. 20, 2022
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 Oct. 20, 2022
Leger v. R.A.C. Rolling Hills
Residential care facility waived arbitration when its overall actions prior to seeking arbitration manifested an intent not to pursue it.
Arbitration 4DCA/1 Oct. 20, 2022