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People v. Leal
Searching vehicle's trunk was unreasonable where it did not have independent probable cause even though it was preceded by a fruitless search of passenger compartment that was supported by probable cause. 		Criminal Law and Procedure 3DCA Jul. 27, 2023
United Neighborhoods for Los Angeles v. City of Los Angeles
California Environmental Quality Act's in-fill exemption's requirement that project be consistent with all applicable general policies was not met when project did not address preservation of housing. 		Environmental Law 2DCA/5 Jul. 27, 2023
Leeds v. Russell
Ineffective assistance of both trial counsel and post-conviction counsel entitled defendant to both excuse of procedural default and habeas relief. 		Criminal Law and Procedure 9th Jul. 27, 2023
Jones v. L.A. Central Plaza, LLC
District court improperly applied *Ashcroft v. Iqbal* to determine standing issue rather than ruling on that issue based on motions for summary judgment. 		Civil Procedure 9th Jul. 27, 2023
Fernandez v. 23676-23726 Malibu Road, LLC
When an Americans with Disabilities Act case is dismissed because plaintiff lacks standing, the court lacks jurisdiction to award attorneys' fees to defendant because the fee-shifting provision contains no independent grant of jurisdiction. 		Disability Discrimination 9th Jul. 27, 2023
L & S Framing Inc. v. California Occupational Safety & Health Appeals Bd.
An opening in a second floor railing that a construction worker fell through fit the California Code of Regulations definition for "floor opening." 		Administrative Agencies 3DCA Jul. 26, 2023
Woodworth v. Loma Linda University Medical Center
In agreement with *Camp v. Home Depot*, an employer cannot apply a rounding policy if it has captured the exact amount of time an employee has worked. 		Employment Law 4DCA/2 Jul. 26, 2023
Crowe v. Wormuth
Merit Systems Protection Board's jurisdiction over an adverse employment action does not confer pendent jurisdiction over factually related claims that, on their own, would not be appealable to the MSPB. 		Employment Law 9th Jul. 26, 2023
People v. Lopez
Because first appellate remand was limited to resentencing, trial court did not have jurisdiction to reconsider gang enhancements despite appellant being entitled to ameliorative benefits of new legislative changes. 		Criminal Law and Procedure 4DCA/2 Jul. 26, 2023
Kuciemba v. Victory Woodworks Inc.
Wife's negligence claim was dismissed since California Supreme Court's found an employer does not owe a duty of care to prevent the spread of COVID-19 to an employees' household members. 		Torts 9th Jul. 26, 2023
People v. G.A.
Due process does not require proof of a recent over act to establish dangerousness to self or others to support continued civil commitment under Welfare and Institutions Code Section 6500. 		Civil Rights 1DCA/3 Jul. 26, 2023
Yoshikawa v. Seguirant
Because there is no implied cause of action for 42 U.S.C. Section 1981 civil rights' claims, appellant's Section 1981 claim must brought as Section 1983 claim. 		Civil Rights 9th Jul. 26, 2023
Coalition on Homelessness v. City and County of San Francisco
San Francisco's policy of towing lawfully parked vehicles with unpaid parking tickets did not fall under the Fourth Amendment's vehicular community caretaking exception because it did not serve an immediate public need. 		Constitutional Law 1DCA/5 Jul. 25, 2023
Marriage of DeWolfe
Temporary judge had no jurisdiction to restore a request for order that had been withdrawn, as the withdrawal ended her appointment. 		Judges 2DCA/5 Jul. 25, 2023
Estrada v. Superior Court (People)
A Penal Code Section 1172.6 resentencing hearing was not a "new trial" that could lead to disqualification of an assigned judge under Penal Code Section 170.6(a)(2). 		Criminal Law and Procedure 2DCA/4 Jul. 25, 2023
In re Delila D.
Social worker had a duty to inquire as to a child's possible Native American ancestry regardless of how the child was removed--with or without a warrant. 		Dependency 4DCA/2 Jul. 25, 2023
Perez v. Discover Bank
Judicial estoppel prevented bank from arguing opposing party could not opt out of arbitrating her accrued discrimination claims where it previously represented to trial court she could. 		Arbitration 9th Jul. 25, 2023
Y.Y.G.M. SA v. Redbubble Inc.
Contributory trademark infringement liability requires the defendant to have knowledge of specific infringers or instances of infringement, as opposed to merely a general awareness that infringement is likely occurring. 		Intellectual Property 9th Jul. 25, 2023
Family Health Centers of San Diego v. State Dept. of Health Care Services
Outreach activities are not categorically nonreimbursable under the Public Health Service Act 		Health Care CASC Jul. 25, 2023
Allied Premier Ins. v. United Financial Casualty Co.
An uncancelled certificate of insurance that remains on file with the DMV does not cause the corresponding insurance policy to remain in effect in perpetuity. 		Insurance CASC Jul. 25, 2023
People v. Pickett
Court did not err in denying felony murder resentencing petition that alleged no facts denying that defendant was actually the killer. 		Criminal Law and Procedure 2DCA/1 Jul. 25, 2023
Barber Group, Inc. v. New Motor Vehicle Bd.
Car dealer protesting establishment of new dealership held and failed to satisfy burden of proof even though agency's decision considered the manufacturer's performance standards without first determining their reasonableness. 		Administrative Agencies 3DCA Jul. 25, 2023
Rojas v. HSBC Card Services Inc.
Cardholder received notice that her confidential calls to her daughter at the HSBC call center were being recorded since her cardmember agreement and monthly payment calls disclosed HSBC recorded calls. 		Torts 4DCA/1 Jul. 24, 2023
Kohn v. State Bar of California
Order 		9th Jul. 24, 2023
Edmond Carmona, et al. v. Domino's Pizza, LLC
*Rittman v. Amazon.com, Inc.* was not disturbed by the Supreme Court's holding in *Southwest Airlines Co. v. Saxon*, so last-leg drivers delivery drivers were exempt from the Federal Arbitration Act. 		Arbitration 9th Jul. 24, 2023
Holley-Gallegly v. TA Operating, LLC
A jury waiver provision in the event an arbitration agreement is unconscionable has no bearing on whether the delegation of the enforceability of the agreement to the arbitrator would be unconscionable. 		Arbitration 9th Jul. 24, 2023
Nora Phillips v. U. S. Customs and Border Protection
Plaintiffs, seeking to expunge records gathered due to migrant caravan association, lacked standing because they failed to establish that the government's retention of records constituted a concrete harm. 		Constitutional Law 9th Jul. 24, 2023
Lafayette Bollinger Development v. Town of Moraga
Although city's vague land-use designation violated Government Code Section 65302, trial court's issuance of writ requiring city's compliance with statute's requirements was sufficient. 		Municipal Law 1DCA/1 Jul. 21, 2023
U.S. Wholesale Outlet & Distribution V. Innovation Ventures, LLC
District court made several legal and factual errors regarding whether companies were competitors in antitrust action. 		Antitrust 9th Jul. 20, 2023
Camacho et al. v. JLG Industries Inc.
Directed verdict for defendant was erroneous because plaintiff made a prima facie showing that an alleged design defect was a substantial factor in his injury. 		Torts 4DCA/3 Jul. 20, 2023
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