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Su v. Bowers
Though government's valuation expert was proved wrong at trial, Equal Access to Justice Act attorney's fees were properly denied as government's litigation position was substantially justified.
Civil Procedure 9th Oct. 26, 2023
People v. Hampton
Any error in permitting remote jury deliberations for one day was harmless because that day of deliberations did not result in a finding of guilt.
Criminal Law and Procedure 1DCA/1 Oct. 26, 2023
Mary's Kitchen v. City of Orange
Anti-SLAPP protection did not apply to city council's cancellation of license agreement where the plaintiff's claims were based on the city council's ordinary business of governance, not its protected speech.
Anti-SLAPP 4DCA/3 Oct. 26, 2023
One Technologies LLC v. Franchise Tax Board
Because all aspects of Proposition 39's initiative dealt with its purpose of funding clean energy jobs, it did not violate the single-subject rule for ballot initiatives.
Tax 2DCA/1 Oct. 25, 2023
FlightSafety International v. Los Angeles County Assessment Appeals Bd.
Trial court did not err in denying tax petitioner's writ request because tax petitioner had a viable, procedural process that writ relief would circumvent.
Tax 2DCA/8 Oct. 24, 2023
Missouri v. U.S.
Order
USSC Oct. 24, 2023
Murthy v. Missouri
Order
USSC Oct. 24, 2023
BioCorRx, Inc. v. VDM Biochemicals, Inc.
Trial court erred in granting anti-SLAPP motion because the challenged statements--allegedly confidential information regarding a soured business agreement--fell under the statute's commercial speech exemption.
Anti-SLAPP 4DCA/3 Oct. 24, 2023
City of Gilroy v. Superior Court (Law Foundation of Silicon Valley)
Nonprofit Law Foundation's petition for writ of mandate against Gilroy under the California Public Records Act was denied because the City produce all nonexempt police bodycam footage.
Public Records Act 6DCA Oct. 24, 2023
People v. Ortiz
Peremptory challenge based on prospective juror's demeanor did not violate defendant's constitutional rights where the rationale for the challenge was related to the prospective juror's impartiality, not his race.
Criminal Law and Procedure 6DCA Oct. 24, 2023
Doe v. Atkinson
University student who successfully challenged his sexual-violence-based suspension was not entitled to attorney fees for purportedly enforcing an important right affecting the public interest.
Attorneys 1DCA/1 Oct. 23, 2023
Modification: Endeavor Operating Co., LLC v. HDI Global Insurance Co.
Cessation of business operations due to COVID-19 pandemic was not a covered loss under insurance policy that covered risk of loss resulting from direct physical loss or damage to policy.
Insurance 2DCA/2 Oct. 23, 2023
Acosta v. MAS Realty, LLC
Commercial building's owner and management company were not liable for injuries to independent electrician because the contractor failed to find the dangerous conditions a reasonable inspection would have revealed.
Torts 2DCA/3 Oct. 23, 2023
Arce v. The Ensign Group, Inc.
Although her last shift was just over a year prior to filing, employee's Private Attorneys General Act claim was within the limitations period because failure to pay premiums on termination is a Labor Code violation.
Employment Law 2DCA/5 Oct. 23, 2023
Robinson v. Ardoin
Order
USSC Oct. 23, 2023
Ross v. Seyfarth Shaw LLP
Law firm engaged under public university executive order to investigate workplace misconduct was prevailing party for anti-SLAPP fee-shifting because its conduct was related to an official proceeding authorized by law.
Anti-SLAPP 2DCA/8 Oct. 23, 2023
Redd v. Guerrero
Indigent prisoner sentenced to death in California had a state-created property interest in expeditious state-appointed habeas counsel that was violated by a 26-year delay in appointment.
Prisoners' Rights 9th Oct. 23, 2023
Modification: Yerba Buena Neighborhood v. Regents of the University of California
Pursuant to Public Resources Code Section 21099, University of California Regent's Environmental Impact Report for San Francisco campus project need not include an aesthetics analysis.
Environmental Law 1DCA/3 Oct. 23, 2023
Jan F. v. Natalie F.
Trial court's application of wrong legal standard to determine abuse under the Domestic Violence Prevention Act warranted reversal and remand for evidentiary hearing.
Family Law 2DCA/1 Oct. 20, 2023
People v. Allen
The Second Amendment does not prohibit states from requiring individuals to submit to certain licensing requirements in order to legally possess a firearm.
Constitutional Law 4DCA/2 Oct. 20, 2023
Duncan v. Kihagi
Tenants were not barred from seeking other relief from harassing landlords after they vacated the property since they only abandoned the issue of current possession.
Real Property 1DCA/1 Oct. 20, 2023
Modification: Engel v. Pech
Amended complaint adding partnership as plaintiff did not relate back to timely complaint filed by the principal of the LLP because the plaintiffs had separate claims based on distinct facts.
Attorneys 2DCA/2 Oct. 20, 2023
Martin v. Gladstone
Because bankruptcy trustee did not file to abandon property until after injury occurred, trustee was still a responsible party.
Bankruptcy 4DCA/1 Oct. 20, 2023
FCM Investments v. Grove Pham, LLC
Because arbitrator's credibility finding was based on linguistic bias, giving rise to arbitrator's own possible bias, arbitration award was vacated.
Arbitration 4DCA/1 Oct. 19, 2023
People v. Manzo
Lost dashcam video footage caused by prosecutorial delay did not entitle criminal defendant to dismissal of complaint because there was no evidence demonstrating he was actually prejudiced by the loss.
Criminal Law and Procedure 4DCA/2 Oct. 19, 2023
Northwestern Band of the Shoshone Nation v. Wooten
The Northwestern Band of the Shoshone Nation's right to hunt on unoccupied lands under the 1868 Treaty of Fort Bridger was not conditioned on permanent residence on a reservation.
Native American Affairs 9th Oct. 19, 2023
People v. Quan
The case was remanded where defendant was denied his right to be personally present at his Section 1172.6 felony murder resentencing hearing.
Criminal Law and Procedure 4DCA/3 Oct. 19, 2023
Sabbe v. Washington County Board of Commissioners
Officers not liable for victim's death despite their warrantless entry into victim's rural field when the warrantless entry was not the proximate cause of victim's death.
Civil Rights 9th Oct. 19, 2023
People v. Molina
Requiring face masks at trial due to the COVID-19 pandemic did not violate defendant's right to a fair trial.
Criminal Law and Procedure 4DCA/3 Oct. 19, 2023
Kava Holdings LLC v. National Labor Relations Board
Refusal to rehire union-affiliated former employees upon completion of hotel renovations was unlawful discrimination where employer's stated reasons for the refusal were pretextual and antiunion animus contributed to the decision.
Labor Law 9th Oct. 19, 2023