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In re R.O.
Juvenile court violated mother's due process rights to adequate notice and the opportunity to be heard by conducting an uncontested jurisdictional hearing in her absence.
Dependency 3DCA Sep. 22, 2022
Vo v. Choi
Where district court provided analysis specific to American with Disabilities Act case's circumstances, it properly declined supplemental jurisdiction of Unruh Act claim.
Civil Procedure 9th Sep. 22, 2022
Kernan v. Regents of the University of California
In a medical malpractice action, health care provider failed to establish that plaintiff's request for an autopsy indicated subjective suspicion of wrongdoing, which would have commenced the limitations period.
Civil Procedure 1DCA/4 Sep. 22, 2022
Salazar v. Walmart, Inc.
Demurrer without leave to amend was inappropriate where the plaintiff-appellant stated a viable claim that a reasonable consumer could be deceived by product's packaging and location.
Consumer Law 4DCA/2 Sep. 21, 2022
People v. Heard
For juvenile offenders who were sentenced to the functional equivalent of life without parole, denying the opportunity to petition for resentencing under Penal Code Section 1170(d)(1) violates equal protection.
Criminal Law and Procedure 4DCA/1 Sep. 21, 2022
Moore v. Centrelake Medical Group, Inc.
After a medical center's data breach, to determine standing for their Unfair Competition Law claim, patients were not required to establish subsequent misappropriation of their personal identifying information.
Consumer Law 2DCA/4 Sep. 20, 2022
Li v. Jin
Defendant's application for tax-exempt status of alumni association was protected as a statement made during a "proceeding" under the anti-SLAPP statute since the IRS made discretionary determinations for each applicant.
Anti-SLAPP 6DCA Sep. 20, 2022
Wright v. SEIU Local 503
Plaintiff lacked standing to pursue her claims for prospective relief because her fear of future unauthorized dues deductions by union was too speculative to confer standing for her First Amendment claim.
Constitutional Law 9th Sep. 20, 2022
Ochoa v. Public Consulting Group
The alleged injury of withholding portions of plaintiff's paycheck to pay for union dues did not rise to the level of an affirmative abuse of power under the Fourteenth Amendment.
Constitutional Law 9th Sep. 20, 2022
Malloy v. Superior Court (Comprehensive Print Group)
Venue was proper in Los Angeles County because employer allegedly interfered with plaintiff's rights to pregnancy disability leave while she was on leave in Los Angeles County, where she was authorized to work from home.
Employment Discrimination 2DCA/7 Sep. 20, 2022
Salazar v. Target Corp.
Demurrer without leave to amend was inappropriate where the plaintiff-appellant stated a viable claim that a reasonable consumer could be deceived by product's price tag description.
Consumer Law 4DCA/2 Sep. 20, 2022
People v. Fuller
When a firearm enhancement under Penal Code Section 12022.53 has been charged and found true, a sentencing court has discretion to strike the enhancement and impose an uncharged lesser included enhancement.
Criminal Law and Procedure 4DCA/2 Sep. 19, 2022
Modification: In re E.L.
Additional evidence regarding the applicability of the Indian Child Welfare Act may be admitted by reviewing courts to expedite proceedings and consequently, the children's adoption.
Dependency 2DCA/6 Sep. 19, 2022
In re J.K.
The juvenile court erred in finding that the Indian Child Welfare Act did not apply because the record did not establish that the expanded duty of initial inquiry had been satisfied.
Dependency 2DCA/6 Sep. 19, 2022
Bonni v. St. Joseph Health System
Surgeon was not likely to prevail on retaliation claims against employer hospital because they were based on communicative statements protected by the litigation privilege.
Anti-SLAPP 4DCA/3 Sep. 16, 2022
Arega v. Bay Area Rapid Transit District
Plaintiffs' notice of appeal was timely filed because the deadline was extended based upon a recognized exception: the filing of a motion to vacate judgment which was inadvertently not contested.
Civil Procedure 1DCA/3 Sep. 16, 2022
Kaur v. Foster Poultry Farms LLC
Workers' Compensation Appeals Board's decision did not have preclusive effect on employee's Fair Employment and Housing Act claims, because issues decided were not identical to issues implicated in FEHA claim.
Civil Procedure 5DCA Sep. 16, 2022
Electronic Frontier Foundation, Inc. v. Superior Court (San Bernardino County District Attorney's Office)
Abuse of discretion standard applies when evaluating denial of a petition to unseal search warrant affidavits with confidential informants.
Civil Procedure 4DCA/2 Sep. 16, 2022
City of Oakland v. The Oakland Raiders
City of Oakland could not pursue breach action as a third-party beneficiary because allowing it to enforce the NFL's relocation policy was not consistent with the objectives of the policy.
Contracts 2DCA/7 Sep. 16, 2022
Flores v. City of San Diego
Police-chase immunity pursuant to Vehicle Code Section 17004.7 required compliance with a minimum annual training hours requirement.
Immunity 4DCA/1 Sep. 16, 2022
People v. Board of Parole Hearings
District Attorney's Office lacked standing for writ of mandate to invalidate bill that paroled convicted murderer since no statute authorized the Office to challenge the statute's validity.
Criminal Law and Procedure 3DCA Sep. 16, 2022
Johar v. California Unemployment Insurance Appeals Board
When employee takes time off to care for terminally ill grandmother, she left for "good cause" and therefore qualified for unemployment benefits.
Employment Law 1DCA/4 Sep. 15, 2022
People v. Garcia
Trial court properly denied motion for mistrial based on midtrial continuance for mandatory COVID-19 suspension order since the timing and circumstances of the continuance did not prejudice the jury.
Criminal Law and Procedure 1DCA/5 Sep. 15, 2022
McCullar v. SMC Contracting, Inc.
Subcontractor retained responsibility for its employee's workplace injury even though the general contractor created the hazard.
Torts 3DCA Sep. 15, 2022
Amended Opinion: Hernandez v. Garland
Non-citizen was ineligible for cancellation of removal because his grant of temporary protected status did not constitute an admission to the United States for purposes of obtaining lawful permanent resident status.
Immigration 9th Sep. 15, 2022
Pinkert v. Schwab Charitable Fund
Donor lacked Article III standing to sue for breach of fiduciary duty regarding donor-advised fund because he did not allege any concrete, imminent injury.
Civil Procedure 9th Sep. 15, 2022
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 Sep. 15, 2022
U.S. v. Reed
Erroneous jury instruction on firearm charge based on both an invalid and valid conspiracy predicate crime was not prejudicial because both conspiracies were inextricably intertwined.
Criminal Law and Procedure 9th Sep. 15, 2022
U.S. v. Chen
When determining whether extraordinary and compelling reasons exist for sentence reduction, courts may consider the First Step Act's non-retroactive changes to stacked sentencing law.
Criminal Law and Procedure 9th Sep. 15, 2022
Betancourt v. OS Restaurant Services, LLC
Employee who requested fees and costs at the beginning of action for missed rest periods was entitled to them as the prevailing party in an action regarding nonpayment of wages.
Labor Law 2DCA/8 Sep. 14, 2022