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Name Category Published
Lombardo v. St. Louis
Order
USSC Jul. 3, 2023
Harness v. Watson
Order
USSC Jul. 3, 2023
McClinton v. U.S.
Order
USSC Jul. 3, 2023
In re D.P.
Adoptive parents of dependent child's siblings were not entitled to relative placement preference because they were not relatives entitled to the preference under the plain language of the statute.
Dependency 4DCA/1 Jul. 3, 2023
People v. Fletcher
Assembly Bill 333 does not require reversing serious felony and strike priors based on violations involving criminal street gangs.
Criminal Law and Procedure 4DCA/2 Jul. 3, 2023
Brown v. City of Inglewood
Inglewood treasurer's retaliation claims against the City and City Counsel arose out of protected voting activity and did not have minimal merit because she was not an employee.
Anti-SLAPP 2DCA/1 Jul. 3, 2023
Cvejic v. Skyview Capital
Former employer's failure to timely pay arbitration fees was a material breach that entitled former employee to withdraw from arbitration despite the arbitrators' attempt to cure the breach.
Arbitration 2DCA/8 Jun. 30, 2023
Divine Food and Catering v. Western Diocese of the Armenian
Plaintiff's malicious prosecution action had minimal merit since court's statements regarding defendants' purported oral lease were not a judgment or verdict sufficient to trigger the interim adverse judgment rule.
Anti-SLAPP 2DCA/1 Jun. 30, 2023
People v. Achane
Unauthorized sentence exception to forfeiture doctrine was inapplicable where the allegedly unauthorized sentence could have legally been imposed and the alleged error was not a pure question of law.
Criminal Law and Procedure 1DCA/2 Jun. 30, 2023
Modification: Dupree v. CIT Bank
Trial court judge improperly determined it lacked jurisdiction to allow for curative amendment of mistakenly named plaintiff.
Civil Procedure 1DCA/4 Jun. 30, 2023
Groff v. DeJoy
Employers must show that accommodating an employee's religious practices imposed "substantial" costs rather than "more than de minimis costs" for the possible accommodation to be considered an undue hardship.
Constitutional Law USSC Jun. 30, 2023
Abitron Austria GmbH v. Hetronic Int'l, Inc.
Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act do not apply extraterritorially and extend only to claims where the infringing use in commerce is domestic.
Intellectual Property USSC Jun. 30, 2023
Students for Fair Admissions, Inc. v. President and Fellows of Harvard College
Justification of race consideration in college admissions process must meet particular standards to pass Equal Protection's strict scrutiny analysis.
Constitutional Law USSC Jun. 30, 2023
Hooks v. Nexstar Broadcasting Inc.
Order
9th Jun. 30, 2023
Park v. Garland
Permanent resident's petition was denied because he did not overcome the presumption that drug-trafficking crimes are serious offenses.
Immigration 9th Jun. 30, 2023
People v. Reyes
Trial court's insufficient analysis of implied malice murder constituted reversible error.
Criminal Law and Procedure CASC Jun. 30, 2023
Swan v. Hatchett
Denial of request for modification of child support was reversed because the factual findings regarding evidence credibility in the statement of decision were not supported by substantial evidence.
Family Law 1DCA/4 Jun. 30, 2023
Rheinhart v. Nissan North America
Car manufacturer required to show more in order to allow its settlement release with aggrieved purchaser survive the Song-Beverly Act's anti-waiver policy.
Consumer Law 4DCA/1 Jun. 29, 2023
Schmidt v. Trinut Farm Management
Forum selection clause required the trial court to consider jurisdiction under Illinois law where there was a substantial relationship between Illinois and the parties to the contract.
Civil Procedure 5DCA Jun. 29, 2023
Visitacion Investment v. 424 Jessie Historic Properties
Due to contractual ambiguity and triable issues of fact, summary judgment was improper in action to quiet title on easement due to alleged abandonment.
Real Property 1DCA/2 Jun. 29, 2023
People v. Codinha
Trial court's correction of a concurrent term to a legally mandated consecutive term was upheld because courts may correct a void judgment whenever it is brought to their attention.
Criminal Law and Procedure 4DCA/1 Jun. 28, 2023
Montemayor v. Ford Motor Co.
Nonsignatory vehicle manufacturer could not enforce sales contract's arbitration clause against aggrieved car purchasers where underlying claims were based on the manufacturer's express warranty and independent of the sales contract.
Arbitration 2DCA/7 Jun. 28, 2023
People v. Falcon
Resentencing required pursuant to *People v. Gutierrez* where record was unclear as to whether the trial court would have imposed the upper term sentence given SB 567's new requirements.
Criminal Law and Procedure 5DCA Jun. 28, 2023
Moore v. Harper
The Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections.
Constitutional Law USSC Jun. 28, 2023
Counterman v. Colorado
Although criminal liability for true-threats case required some subjective understanding on the defendant's part of his statements' threatening nature, the First Amendment required no more than a showing of recklessness.
Criminal Law and Procedure USSC Jun. 28, 2023
Mallory v. Norfolk Southern Railway Co.
Due process allowed a railroad to be sued in state where it registered as a foreign corporation, and under state law, had agreed to answer any suit against it there.
Civil Rights USSC Jun. 28, 2023
U.S. v. Castro
Partner or family member assault (PFMA) was not a crime of violence under the U.S. Sentencing Guidelines because the definition of "bodily injury" incorporated into PFMA includes more than the "use of physical force."
Criminal Law and Procedure 9th Jun. 28, 2023
Waleski v. Montgomery, McCracken, Walker & Rhoads, LLP
Order
USSC Jun. 27, 2023
Save Our Access v. City of San Diego
San Diego's use of a community plan for a ballot measure to remove building height limits did not meet California Environmental Quality Act requirements.
Environmental Law 4DCA/1 Jun. 27, 2023
Blaylock v. DMP 250 Newport Center
Property owners were not liable for HVAC contractor's employee falling through a crawl space access panel because there was no evidence they knew the access panel constituted a concealed hazard.
Torts 4DCA/3 Jun. 27, 2023