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Iloh v. Regents of the University of California
Professor's petition to prevent disclosure of her communications with academic journals arose from protected activity under the Anti-SLAPP statute because the disclosure request was a newsgathering effort.
Anti-SLAPP California Courts of Appeal Aug. 25, 2023
People v. Miller
Prohibiting carrying a concealed firearm in a vehicle without a license does not violate the Second Amendment regardless of the constitutionality of California's firearm licensing statutes.
Constitutional Law 3DCA Aug. 25, 2023
Geringer v. Blue Rider Finance
Lawyer's dual role as advocate-witness was not disqualifying where client gave informed consent and there was no evidence of prejudice to the opposing party or injury to the judicial process.
Attorneys 2DCA/7 Aug. 24, 2023
Modification: Altizer v. Coachella Valley Conservation Commission
Public entity was entitled to hazardous recreational activity immunity for injuries sustained on its property by off-road motorcyclist even though he was not engaged in the activity for recreational purposes.
Immunity 4DCA/2 Aug. 24, 2023
Inzunza v. Naranjo
An agent's deemed admissions for failing to serve responses do not bind a principal codefendant even when the basis for the action against the principal codefendant is vicarious liability arising from the agent's acts.
Civil Procedure 2DCA/4 Aug. 23, 2023
In re R.F.
Because notice to grandmother regarding her grandchildren's emergency removal from her care was inadequate, her objection to the removal was not untimely.
Dependency 4DCA/2 Aug. 23, 2023
Wit v. United Behavioral Health
Plaintiffs, beneficiaries of ERISA-governed health plans, had Article III standing to bring breach of fiduciary duty and improper denial of benefits claims under ERISA against the claims administrator.
Employment Law 9th Aug. 23, 2023
Rhonda S. v. Kaiser Foundation Health Plan
Neither the Lanterman-Petris Short Act nor a health plan required Kaiser to evaluate and treat conservatee merely upon delivery to Kaiser facility.
Health Care 2DCA/8 Aug. 22, 2023
People v. The North River Insurance Co.
Forfeiture of bail bond was not appropriate where bail company located the defendant in Mexico but prosecutors failed to make an extradition decision before end of appearance period.
Criminal Law and Procedure 2DCA/8 Aug. 22, 2023
Safechuck v. MJJ Productions, Inc.
Michael Jackson's wholly owned corporation had a legal duty to protect the two children it employed from molestation at the hands of Jackson.
Torts 2DCA/8 Aug. 22, 2023
Raines v. U.S. Healthworks Medical Group
Business entities carrying out Fair Employment and Housing Act-regulated activities on behalf of an employer may be held directly liable for FEHA violations.
Employment Discrimination CASC Aug. 22, 2023
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles
Section 21 of the L.A. County Charter does not grant county counsel exclusive authority to settle appeals of discipline that are pending before the County Civil Service Commission.
Municipal Law 2DCA/1 Aug. 22, 2023
Altizer v. Coachella Valley Conservation Commission
Public entity was entitled to hazardous recreational activity immunity for injuries sustained on its property by off-road motorcyclist even though he was not engaged in the activity for recreational purposes.
Immunity 4DCA/2 Aug. 22, 2023
SHR St. Francis, LLC v. City and County of San Francisco
Hotel's valuation for property tax reassessment should not have included intangible assets such as in-room movies and laundry services.
Tax 1DCA/5 Aug. 21, 2023
Amended Opinion: Johnson v. Barr
Defendant officers were entitled to qualified immunity in a false arrest case for misdemeanor public intoxication and felony child endangerment.
Civil Rights 9th Aug. 21, 2023
Federal Energy Regulatory Commission v. Vitol Inc., et al.
Five-year limitations period for a federal action to enforce a Federal Power Act penalty begins once the Federal Energy Regulatory Commission has issued a notice of proposed penalty.
Administrative Agencies 9th Aug. 21, 2023
Nasby v. State of Nevada
Prisoner lacked standing to pursue his access-to-courts claim where he could not show an actual injury because his allegedly hindered claim was frivolous.
Prisoners' Rights 9th Aug. 21, 2023
Cave Landing, LLC v. California Coastal Commission
Despite local county's issuance of coastal development permit, the California Coastal Commission's ultimate authority over coastal area properties superseded county permit.
Real Property 2DCA/6 Aug. 21, 2023
Hatley v. Southard
Trial court erred in denying wife's domestic violence restraining order by limiting its analysis of abuse to only physical violence or threats of violence.
Family Law 4DCA/2 Aug. 18, 2023
U.S. v. Lucas
Order
9th Aug. 18, 2023
Hecox v. Little
Because of the likely Equal Protection Clause violation, Idaho district court did not abuse its discretion in preliminarily enjoining law that banned transgender female participation in women's athletics.
Constitutional Law 9th Aug. 18, 2023
Tarpey v. U.S.
Organization of tax-avoidance scheme was activity giving rise to tax penalties assessed by the IRS equal to 50 percent of the gross income from the scheme.
Tax 9th Aug. 18, 2023
People v. Mumin
The concurrent intent (or "kill zone") attempted murder instruction should only be given where there is substantial evidence that supports that defendant intended to kill everyone within a "kill zone."
Criminal Law and Procedure CASC Aug. 18, 2023
People v. Schuller
Trial court's failure to instruct on theory of imperfect defense amounted to constitutional error and was subject to review under the stricter federal *Chapman* standard for harmless error.
Civil Procedure CASC Aug. 18, 2023
People v. Meza
Order
Criminal Law and Procedure CASC Aug. 18, 2023
People ex rel. Allstate Insurance Company v. Discovery Radiology
Nonphysician's control over medical corporations' radiology services constituted an illegal, unlicensed practice of medicine which could be the basis for insurance fraud claims.
Insurance 2DCA/3 Aug. 17, 2023
Torres v. Superior Court (People)
Petitioner's Section 170.6 challenge to the judge was properly denied as untimely because her felony murder request for resentencing on remand did not constitute a "new trial."
Criminal Law and Procedure 3DCA Aug. 17, 2023
In re Andre Pierre Harris
Trial court could deny application for name change where statutorily required criminal history check revealed applicant had outstanding warrants.
Civil Procedure 2DCA/8 Aug. 17, 2023
People v. Superior Court (Mitchell)
Prosecutors may appeal a trial court's postpreliminary hearing, pretrial order reducing a felony "wobbler" to a misdemeanor because the trial court lacks authority to reduce the charge at that time.
Criminal Law and Procedure 2DCA/6 Aug. 17, 2023
Anderson v. County of Santa Barbara
Courts may not use California Environmental Quality Act to enjoin county Road Commissioner from executing its legal, public duty of enforcing encroachment laws.
Environmental Law 2DCA/6 Aug. 17, 2023