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Ranger v. Alamitos Bay Yacht Club
Yacht club worker's sole remedy is with California workers' compensation law rather than federal admiralty law since state compensation laws cannot be preempted to maintain maritime uniformity.
Maritime Law 2DCA/8 Sep. 7, 2023
Westlands Water District v. All Persons Interested et al.
To obtain judicial decree validating water district's contract with government, essential term of district's repayment obligation was necessary.
Water Rights 5DCA Sep. 6, 2023
People v. Lashon
Defendant's California Racial Justice Act claim of implicit racial bias by the trial judge was forfeited because she did not file the claim with the trial court and instead raised the claim for the first time on appeal.
Criminal Law and Procedure 1DCA/3 Sep. 6, 2023
People v. Harrell
Military veteran serving stipulated sentence was not categorically ineligible for resentencing based on service-related disorders merely because he was serving a stipulated sentence.
Criminal Law and Procedure 4DCA/2 Sep. 6, 2023
Solar Energy Industries Assoc. v. Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission violated National Environmental Policy Act by failing to prepare, at minimum, an environmental assessment regarding non-utility-owned energy producer orders.
Environmental Law 9th Sep. 6, 2023
Tong v. U.S.
Ineffective counsel habeas claims as to an earlier habeas petition were not a second or successive petition because defendant could not have raised them in the earlier petition.
Prisoners' Rights 9th Sep. 6, 2023
The Law Firm of Fox and Fox v. Chase Bank
Bank owed a duty to law firm that was to be paid from blocked account that required court order for withdrawals.
Torts 2DCA/7 Sep. 6, 2023
Coastal Protection Alliance v. Airbnb
The increased residency of a property caused by an Airbnb short-term rental does not change a residential property into a "development" under the Coastal Act.
Environmental Law 2DCA/3 Sep. 6, 2023
Barrera v. Apple American Group LLC
While employers could compel arbitration of former Applebee's employees' individual PAGA claims, the aggrieved employees retained standing to bring their non-individual PAGA claims in court.
Arbitration 1DCA/2 Sep. 5, 2023
Finley v. Superior Court (People)
Trial court improperly adjudicated Racial Justice Act violation; weighing evidence instead of just determining whether defendant made a prima facie showing.
Criminal Law and Procedure 1DCA/4 Sep. 5, 2023
People v. Njoku
Appellate court was entitled to defer to factual findings on the record in concluding that defendant was not entitled to felony murder resentecing.
Criminal Law and Procedure 3DCA Sep. 5, 2023
People v. Doron
Remand was appropriate for trial court to reconsider motion for pretrial mental health diversion considering new, retroactive legislative presumption that defendant's mental disorder was a significant factor in his crimes.
Criminal Law and Procedure 4DCA/1 Sep. 5, 2023
People v. Rojas
Penal Code Section 1172.6 provides sentencing courts with discretion to impose parole regardless of excess custody credits.
Criminal Law and Procedure 2DCA/4 Sep. 5, 2023
Huffman v. Lindgren
Attorney-litigant's claims that his complaint was merely poorly drafted and was not intended to include federal claims did not justify remand to state court.
Attorneys 9th Sep. 5, 2023
Center for Biological Diversity v. USFS
United States Forest Service was not liable as a contributor for contamination under Resource Conservation and Recovery Act since it played merely a passive role in disposal of hazardous lead ammunition.
Environmental Law 9th Sep. 5, 2023
People v. Jenkins
Substantial evidence did not support court's order involuntarily recommitting mentally disordered defendant to state hospital.
Evidence 4DCA/1 Sep. 5, 2023
Punchbowl Inc. v. AJ Press LLC
Order
9th Sep. 5, 2023
People v. Castaneda-Prado
Victim's admission that she accused defendant to help her mother obtain an immigration visa was admissible to attack her credibility.
Evidence 1DCA/4 Sep. 1, 2023
Gray v. La Salle Bank
Two voluntary dismissals without prejudice in federal court do not categorically bar a state court action.
Civil Procedure 6DCA Sep. 1, 2023
Modification: Infinity Select Insurance Co. v. Superior Court (Cal Leduc)
Because motor carriers, not insurers, bear responsibility for meeting statutory insurance coverage, trial court's raising of the insurer's actual policy limit to meet the requirement was improper.
Insurance 5DCA Sep. 1, 2023
U.S. v. Portillo-Gonzalez
Defendant's challenge to removal order was not challengeable because he failed to exhaust administrative remedies and was not deprived of judicial review.
Immigration 9th Sep. 1, 2023
Flores-Vasquez v. Garland
Under the categorical approach, conviction under Oregon menacing statute was not a crime involving moral turpitude because conviction did not require the infliction of actual harm on another.
Immigration 9th Sep. 1, 2023
Vega v. Garland
Order
9th Sep. 1, 2023
U.S. v. Torres-Giles
District court did not err in sentencing defendant to a longer term than his non-binding Type B plea agreement because they appraised him of the agreement's nature.
Criminal Law and Procedure 9th Sep. 1, 2023
Camacho v. Superior Court (People)
Sexually violent predator's due process rights were not violated despite waiting since 2006 for recomittment trial because the delay was attributable mostly to him or his counsel.
Criminal Law and Procedure CASC Sep. 1, 2023
Carr v. City of Newport Beach
Swimmer diving off a bay-side concrete wall constituted a hazardous recreational activity that limited Newport Beach's liability for his paralyzing injury.
Immunity 4DCA/3 Aug. 31, 2023
LaCour v. Marshalls of California
Private Attorneys General Act claim was timely under Emergency Rule 9, which extended the statute of limitations due to COVID-19.
Employment Law 1DCA/4 Aug. 31, 2023
Krug v. Board of Trustees of the California State Univ.
State university was exempt from statute requiring employers reimburse employees' necessary business expenses because it was a government agency, and applying the statute would infringe its sovereign governmental powers.
Employment Law 2DCA/1 Aug. 31, 2023
Accurso v. In-N-Out Burgers
To meet intervention threshold requirements, non-party Private Attorneys General Act claimants may have a "significantly protectable" interest, even though the state is the real party in interest.
Employment Law 1DCA/4 Aug. 31, 2023
Modification: People v. Vance
When an appellate opinion is admitted at an evidentiary hearing under Section 1172.6 without objection, it is substantial evidence that the trial court can consider.
Criminal Law and Procedure 4DCA/2 Aug. 31, 2023