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Name Category Published
Guardianship of A.H.
Trial court's exclusion of testimony of a petitioner, the sole witness, was a terminating sanction and an abuse of trial court's discretion. 		Civil Procedure 4DCA/2 Sep. 14, 2022
California Water Curtailment Cases
The State Water Resources Control Board did not have the authority to prevent pre-1914 appropriative and riparian water rights holders from diverting water in the time of a severe drought. 		Water Rights 6DCA Sep. 14, 2022
In re M.A.
Statutory prohibition on firearm possession by juveniles adjudged a ward of the juvenile court for certain misdemeanor violations also applied to juvenile who admitted to felony sexual battery. 		Juveniles 6DCA Sep. 14, 2022
People v. Thompson
The court found no reversible error where prosecutor told part of the fable of the scorpion and the frog during voir dire. 		Criminal Law and Procedure 6DCA Sep. 14, 2022
People v. Sifuentes
Felony-murder rule peace officer exception applied where circumstantial evidence supported a finding that robber would have been aware of the facts of officer's death. 		Criminal Law and Procedure 1DCA/4 Sep. 14, 2022
Nexus Pharmaceuticals v. Central Admixture Pharmacy
Pharmaceutical company's state law claims were barred under the implied preemption doctrine because they were contrary to the Food, Drug, and Cosmetic Act's exclusive enforcement provision. 		Constitutional Law 9th Sep. 14, 2022
U.S. v. Montoya
Defendant's non-binding type-B plea agreement was not transformed into a binding type-C plea agreement after the district court declined to adopt the parties' sentencing recommendation. 		Criminal Law and Procedure 9th Sep. 14, 2022
U.S. v. Fowler
Search conducted by state trooper acting pursuant to cross-deputization agreement was valid because tribes have inherent sovereign authority to select individuals who may act as tribal police on tribal lands. 		Criminal Law and Procedure 9th Sep. 14, 2022
U.S. v. Dominguez
Order 		9th Sep. 14, 2022
Modification: Musgrove v. Silver
Employer was not vicariously liable for employee's after-hours activities that resulted in death of another employee. 		Employment Law 2DCA/2 Sep. 14, 2022
People v. Bueno
Prison inmate who received illegal cell phone may be convicted of conspiracy to deliver a cell phone to a prisoner because he had prearranged a plan with the deliverer. 		Criminal Law and Procedure 4DCA/1 Sep. 13, 2022
People v. Salvador
Probation condition limiting defendant's access to the Internet without prior consent from his probation officer for purposes of limiting his sexual contact with minors was constitutionally overbroad. 		Constitutional Law 6DCA Sep. 13, 2022
Modification: Maleti v. Wickers
Favorable termination element of malicious prosecution claim was satisfied where multiple claims were asserted in prior action against plaintiff, none were successful, and at least one was decided on the merits. 		Torts 6DCA Sep. 13, 2022
Marriage of Knox
Family court's failure to hear and take under submission wife's request for pendente lite attorney fees on the first day of trial for dissolution of marriage constituted an unreasonable delay. 		Family Law 5DCA Sep. 13, 2022
Bax v. Doctors Medical Center of Modesto
Deaf individuals' disability discrimination claim failed when, under the totality of the circumstances, it was shown they were provided auxiliary aids that permitted effective communication. 		Disability Discrimination 9th Sep. 13, 2022
People v. Rowland
Affidavit was not deficient because magistrate could reasonably infer that citizen informant acted in accord with Microsoft's legal obligation to report apparent child pornography. 		Criminal Law and Procedure 6DCA Sep. 12, 2022
Cell-Crete Corp. v. Federal Ins. Co.
In action to enforce liability of surety on payment bond, prevailing party was entitled to attorney's fees even though all fees incurred by prevailing party were paid by third-party indemnifier. 		Civil Procedure 4DCA/2 Sep. 12, 2022
Golick v. State of California
Where officer shoots at suspect resulting in no injuries but then stops, and the suspect later kills his hostages, there is no actionable deadly force tort claim. 		Torts 1DCA/3 Sep. 12, 2022
Rodgers v. State Personnel Board
Due process was violated when the proposed penalty on the notice of adverse action was based on allegations that differed significantly from the administrative law judge's factual findings. 		Employment Law 4DCA/2 Sep. 12, 2022
Adame v. City of Surprise
Order 		9th Sep. 12, 2022
Garg v. Garg
Failure to file notice of appeal as soon as practicable after alleged failure during electronic transmission caused missed deadline meant defendant-appellants were not entitled to nunc pro tunc relief. 		Civil Procedure 4DCA/3 Sep. 9, 2022
In re Kenneth D.
Welfare department and juvenile court's failure to inquire as to possible native ancestry was not prejudicial where the grandmother unequivocally identified all native heritage as being of Mexican origin. 		Dependency 3DCA Sep. 9, 2022
County of San Joaquin v. Public Employment Relations Bd.
Public Employment Relations Board's new test providing a defense to interference with protected union activity does not treat employers who enter strike replacement contracts as having committed inherently destructive conduct. 		Labor Law 3DCA Sep. 9, 2022
Manlin v. Milner
Improper diversion of LLC funds to pay litigation expenses did not arise from a protected activity. 		Anti-SLAPP 2DCA/1 Sep. 9, 2022
Modification: People v. Calvary Chapel San Jose
Pandemic public health orders placing limitations on churches, but not secular businesses, did not survive the Free Exercise Clause's strict scrutiny review and therefore were unconstitutional. 		Constitutional Law 6DCA Sep. 9, 2022
MacIntyre v. Carroll College
Given the low evidentiary threshold required for a prima facie Title IX retaliation claim, employer's refusal to renew an employment contract was sufficient to meet plaintiff-appellant's burden. 		Employment Law 9th Sep. 9, 2022
Cody v. Kijakazi
Social Security applicant was entitled to an independent decision by a new administrative law judge since earlier denial of his disability benefits was made by an improperly appointed judge. 		Administrative Agencies 9th Sep. 9, 2022
Klamath Irrigation District v. Shasta View Irrigation District
Intervening tribes were required parties to the action because a declaration that U.S. Bureau of Reclamation's operating procedures concerning the distribution of waters were unlawful would imperil the tribes' reserved water rights. 		Civil Procedure 9th Sep. 9, 2022
Hernandez Avilez v. Garland
Noncitizens subject to mandatory detention under United States Code Section 1226(c) are not eligible for release on bond during the judicial phase of the proceedings. 		Immigration 9th Sep. 9, 2022
Yamashita v. LG Chem Ltd.
Order 		9th Sep. 9, 2022
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