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Valencia v. Mendoza
An arbitrator may exclude evidence from consideration if it properly determined a party engaged in discovery abuse throughout the process.
Arbitration 2DCA/7 Jul. 3, 2024
Modification: The Regents of the University of California v. Superior Court (Parnassus Neighborhood Coalition)
UC Regents' construction plans for hospital were a governmental activity and therefore exempt from local building and zoning ordinances.
Municipal Law 1DCA/3 Jul. 3, 2024
People v. Ramos
Trial court did not err in denying Penal Code Section 1172.6 resentencing request when defendant admitted everything necessary for establishing guilt in his plea agreement.
Criminal Law and Procedure 4DCA/3 Jul. 5, 2024
U.S. v. Atherton
Defendant failed to establish that the district court relied on false or unreliable information during sentencing based on the court's comments that research on sex offenses was only in its early stages.
Criminal Law and Procedure 9th Jul. 5, 2024
Musquiz v. U.S. Railroad Retirement Board
Retired railworker was without fault for overpayments made by Railroad Retirement Board after the Board sent him a letter stating that it had adjusted his annuity based on additional wages.
Employment Law 9th Jul. 5, 2024
Trotter v. Van Dyck
Decedent's emails seeking to amend her trust were not electronically "signed" writings under the Uniform Electronics Transaction Act because they did not constitute "transactions" as defined by the statute.
probate_and_trusts 4DCA/1 Jul. 2, 2024
People v. Singh
Officer's Punjabi translation of *Miranda* rights, while not a strict translation, properly conveyed defendant's rights.
Criminal Law and Procedure 5DCA Jul. 2, 2024
People v. Reed
Amendments that shortened parolee's maximum parole term from life to three years also rendered mandatory penalty provision for lifetime parolee violations inapplicable.
Criminal Law and Procedure 1DCA/3 Jul. 2, 2024
George v. Susanville Elementary School Dist.
Education Code requires a uniform allowance for years of experience when determining salary for teachers, including years spent teaching at a different school district.
Education 3DCA Jul. 2, 2024
Modification: CBRE v. Superior Court (Johnson)
In a *Privette* delegation analysis, trial court erred by focusing on the timing of the execution of the contract, rather than the delegation implicit in turning over control of the work site.
Torts 4DCA/1 Jul. 2, 2024
People v. Cofer
When sentencing a defendant concurrently at a single hearing to resolve multiple cases, trial courts must apply presentence credits for all periods of actual custody toward all concurrent sentences.
Criminal Law and Procedure 6DCA Jul. 2, 2024
In re B.D.
Dependency petition should not have been granted where Department of Family Services failed to demonstrate that mother who tested positive for opiates failed to provide regular care for her children.
Dependency 2DCA/3 Jul. 2, 2024
Molina v. Superior Court (People)
Trial court erred in not providing defendant a separate interpreter when his preliminary examination also involved non-English speaking two codefendants and witnesses.
Criminal Law and Procedure 6DCA Jul. 2, 2024
Tait v. Commonwealth Land Title Insurance Company
Loss under title insurance should be based on diminution in the property's value according to its highest and best use caused by the title defect, absent language to the contrary.
Insurance 1DCA/4 Jul. 2, 2024
People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 2, 2024
San Pablo Ave. Golden Gate Improvement Assn. v. City Council of Oakland
Municipal enforcement regulations providing for public challenges to violative uses and existing nuisances did not provide a legal basis for challenging city planning department's prior zoning determination.
Municipal Law 1DCA/4 Jul. 2, 2024
Trump v. U.S.
Presidents enjoy presumptive immunity from criminal prosecution for acts within the outer perimeter of their official responsibility, rebuttable by a showing that prosecution would pose no dangers of intrusion on the function of the Executive Branch.
Immunity USSC Jul. 2, 2024
Moody v. NetChoice, LLC
To succeed on a facial challenge to the First Amendment, it was necessary to demonstrate the unconstitutional applications of content moderation laws were substantial compared to the statute's plainly legitimate sweep.
Constitutional Law USSC Jul. 2, 2024
Corner Post, Inc. v. Board of Governors
Six-year statute of limitations for Administrative Procedure Act claim did not accrue until the specific named plaintiff was injured by the Federal Reserve Board's action.
Administrative Agencies USSC Jul. 2, 2024
BillFloat, Inc. v. Collins Cash Inc.
Because survey design issues did not render likelihood-of-confusion survey unreliable, district court's admission of survey was not abuse of discretion.
Evidence, Intellectual Property 9th Jul. 2, 2024
Needham v. Superior Court (People)
In precommitment proceedings determining defendant's sexually violent predator status, although the People's retained expert may testify, the expert may not compel defendant to pretrial interview or testing.
Criminal Law and Procedure CASC Jul. 2, 2024
City of Grants Pass v. Johnson
Enforcement of anti-camping laws is not cruel and unusual punishment, even if the violation, as applied to the homeless, is arguably involuntary.
Constitutional Law USSC Jul. 1, 2024
Loper Bright Enterprises v. Raimondo
Overruling *Chevron*, the APA requires courts to exercise independent judgment in deciding whether an agency has acted within its statutory authority, rather than defer to agencies' interpretation of ambiguous statutes.
Administrative Agencies USSC Jul. 1, 2024
Cisneros v. Dept. of Motor Vehicles
Department of Motor Vehicle hearing officers violated drivers' due process rights when they denied continuances requested by drivers' counsel because of scheduling conflicts based upon managerial influence or command control.
Administrative Agencies 5DCA Jul. 1, 2024
People v. Boyd
Trial court lacked jurisdiction to correct misstated credits as an unauthorized sentence when case was final; proper remedy was for appellate court to modify sentence to reflect correction.
Criminal Law and Procedure 4DCA/2 Jul. 1, 2024
Fischer v. U.S.
Sarbanes-Oxley official record tampering liability (in this case pertaining to a January 6 rioter) requires an attempt to impair the use of a record, document, or object for the official proceeding.
Criminal Law and Procedure USSC Jul. 1, 2024
Leon Perez v. Garland
The offense of attempted lewdness with a child under 14, in violation of Nevada law, constituted an attempted "sexual abuse of a minor" aggravated felony that rendered petitioner removable.
Immigration 9th Jul. 1, 2024
Davidson v. Sprout Foods, Inc.
Consumers could pursue their private enforcement of state food labeling laws because the state standard was identical to and did not conflict with the equivalent federal labeling standards.
Consumer Law 9th Jul. 1, 2024
Perez v. Barrick Goldstrike Mines, Inc.
Family and Medical Leave Act does not require an employer to present contrary medical evidence before contesting a doctor's certification of a serious health condition.
Employment Law 9th Jul. 1, 2024
U.S. v. Hernandez
Determining whether criminal defendant should be allowed to withdraw a guilty plea in good faith required determining whether he could have known or anticipated his new material reason for withdrawal.
Criminal Law and Procedure 9th Jul. 1, 2024