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Estate of El Wardani
Decedent's wife could not be the court-appointed administrator for her husband's estate since she lived full time in Mexico and was not a U.S. resident.
probate_and_trusts 4DCA/1 Sep. 1, 2022
People v. Cheatham
Although civil in nature, double jeopardy principles still apply to commitment extension proceedings.
Criminal Law and Procedure 3DCA Aug. 31, 2022
CoreCivic, Inc. v. Candide Group, LLC
Operator of private prisons' implied defamation theory failed because writer's articles could not reasonably be understood as implying that it detained children separated from their parents in its facilities.
Anti-SLAPP 9th Aug. 31, 2022
Manriquez v. Ensley
Officers were entitled to qualified immunity for Fourth Amendment violation stemming from failure to amend warrant to include judge's oral authorization expanding the warrant's scope.
Qualified Immunity 9th Aug. 31, 2022
Hawaii v. USEDU
The Randolph-Sheppard Act, requiring federal agencies to prioritize vendor contracts from blind individuals, applied to Army facilities' contracts for janitorial and custodial services.
Disability Discrimination 9th Aug. 31, 2022
Singh v. Garland
Board of Immigration Appeals erred in concluding petitioner's motion to reopen was foreclosed by prior adverse credibility determination because petitioner submitted new evidence independent of prior adverse credibility finding.
Immigration 9th Aug. 31, 2022
Perez v. Hibachi Buffet
Granting judgment notwithstanding the verdict was improper where a clear logical inference regarding spill's origin based on evidence offered at trial supported the verdict.
Torts 2DCA/8 Aug. 31, 2022
Fellowship of Christian Athletes v. San Jose Unified School District Board of Education
School district engaged in selective enforcement of non-discrimination policies against Christian club while exempting secular student groups that maintained facially discriminatory membership criteria, in violation of Free Exercise Clause.
Constitutional Law 9th Aug. 30, 2022
Romero-Millan v. Garland
Petitioner's Arizona conviction for use of or possession with intent to use drug paraphernalia was a conviction for a controlled substance offense that properly supported the order of removal against him.
Immigration 9th Aug. 30, 2022
In re PG&E Corp.
Unimpaired, unsecured creditors of solvent debtor possessed equitable right to postpetition interest at bargained-for rates, subject to any other equitable considerations, before debtor collected surplus value from bankruptcy estate.
Bankruptcy 9th Aug. 30, 2022
Amended Opinion: U.S. v. Wright
Trial court's improper consideration of inapplicable sentencing policy statement during compassionate release analysis was harmless because the court alternatively denied the motion on other appropriate grounds.
Prisoners' Rights 9th Aug. 30, 2022
Amended Opinion: Washington v. Shinn
Defense counsel's failure to obtain education and incarceration records did not establish deficient performance where there was no showing that those records contained meaningful mitigation evidence.
Criminal Law and Procedure 9th Aug. 30, 2022
Hoffmann v. Young
Plaintiff who was invited motorcycle riding on the family property by defendants' live-in son could not impose premises liability on the parents since children are not automatically authorized to invite others onto the property.
Torts CASC Aug. 30, 2022
Geiser v. Kuhns
Although demonstration outside CEO's home implicated a private dispute, when considered in context, it could also be reasonably understood to implicate an issue of public interest as required for anti-SLAPP protection.
Anti-SLAPP CASC Aug. 30, 2022
People v. Tran
Amendments made to the gang enhancement law by Assembly Bill 333 require striking the jury's true finding of the gang enhancement, but not reversal of the guilty verdict or death sentence.
Criminal Law and Procedure CASC Aug. 30, 2022
Hale v. California Public Employees' Retirement System
Former firefighters' holiday leave cash-outs were special compensation and must be included in calculating their pensions.
Employment Law 1DCA/3 Aug. 30, 2022
Crane v. R. R. Crane Investment Corp., Inc.
Plaintiff was not entitled to prejudgment interest under Civil Code Section 3287 because a buyout of shares under Corporations Code 2000 does not qualify as a recovery of damages.
Corporations 2DCA/7 Aug. 30, 2022
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 Aug. 29, 2022
Hirschfield v. Cohen
Newly constructed single-family dwelling replacing previously rent-controlled unit was subject to rent control because the Ellis Act's recontrol provision was intended to be an exception to the Costa-Hawkins Act's decontrol provisions.
Real Property 2DCA/7 Aug. 29, 2022
Modification: In re J.R.
Father had standing to maintain an appeal where welfare department failed to afford mother with constitutionally adequate notice of proceedings to terminate her parental rights in contravention of her due process rights.
Dependency 2DCA/1 Aug. 29, 2022
Siri v. Sutter Home Winery
Plaintiff's conditional acceptance of her employer's Section 998 offer did not create a binding enforceable settlement because the acceptance was not absolute and unqualified.
Civil Procedure 1DCA/4 Aug. 29, 2022
In re Ricky R.
Welfare department prejudicially erred by failing to discharge its duty of initial inquiry pursuant to the Indian Child Welfare Act when it failed to ask extended family members whether the children had Indian ancestry.
Dependency 4DCA/2 Aug. 29, 2022
Cohen v. Apple
Federal Communications Commission regulations that set the upper limits on the levels of permitted RF radiation from cell phones preempted state laws that imposed liability premised on unsafe levels of radiation.
Consumer Law 9th Aug. 29, 2022
Manuel v. Superior Court (Brightview Landscape Services)
Motion to compel further responses to discovery inquiring into former employee's immigration status was improperly granted because immigration status was irrelevant to employer's alleged liability for wrongful termination.
Employment Law 6DCA Aug. 29, 2022
Bowden v. Superior Court (People)
Assembly Bill 1950 limited plaintiff's original five-year probation to only two years because the Penal Code section for vehicular manslaughter while intoxicated did not contain a specific probation length.
Criminal Law and Procedure 1DCA/3 Aug. 29, 2022
Frym v. 601 Main Street LLC
Trial court improperly denied attorney's fees on prevailing anti-SLAPP motions by reasoning that the separate motions could have been brought as one consolidated motion.
Anti-SLAPP 1DCA/5 Aug. 26, 2022
Modification: Chen v. Valstock Ventures, LLC
Civil Code Section 1717 does not allow for interim awards of attorneys' fees.
Civil Procedure 1DCA/4 Aug. 26, 2022
Wolf v. Life Insurance Co. of North America
Insurance company forfeited argument of which standard and test to apply in defining the term "accident" when it first tried to raise the argument on appeal.
Civil Procedure 9th Aug. 26, 2022
U.S. v. Anderson
Private security officer providing security at government building was assisting federal officials with their official duties and was covered under statute that prohibited threatening federal officials and employees.
Criminal Law and Procedure 9th Aug. 26, 2022
U.S. ex rel Silbersher v. Allergan
An ex parte patent prosecution qualifies as a Federal hearing under the public disclosure bar to the False Claims Act.
Patent Law 9th Aug. 26, 2022