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People v. Lepere
Where affidavit requesting suspect's trash in order to obtain DNA sample was sufficiently detailed, probable cause existed.
Criminal Law and Procedure 4DCA/3 May 18, 2023
In re S.F.
Child was improperly removed from father's physical custody when presented evidence could not meet heightened standard required for removal.
Dependency 1DCA/1 May 18, 2023
U.S. v. Paulson
District court decision was reversed because it erroneously interpreted a portion of the tax code to effectively exclude defendants from personal liability for estate taxes.
Tax 9th May 18, 2023
Wischmann v. Kijakazi
Job-estimate numbers that conflicted with vocational expert's estimates were not significantly probative where no information was provided regarding the source or methodology used to arrive at the conflicting estimate.
Administrative Agencies 9th May 18, 2023
GP Vincent II v. The Estate of Beard
Claim preclusion did not bar CERCLA claims regarding property that was the subject of previous environmental litigation.
Environmental Law 9th May 18, 2023
Center for Biological Diversity v. U.S. Fish and Wildlife Service
The U.S. Fish and Wildlife Service did not properly justify its choice to designate a northern mountain region in Arizona as an unoccupied critical habitat for the endangered jaguar.
Environmental Law 9th May 18, 2023
Rreef America Reit II Corp, YYYY v. Samsara, Inc.
Trial court was correct not to reduce amount of attachment order based on on letter of credit because it was not an interest in the property of the defendant.
Remedies 1DCA/1 May 17, 2023
People v. Portillo
Warehouse manager's testimony regarding the retail listings of stolen dumbbells was admissible non-hearsay evidence since it was circumstantial price tag testimony about the item's fair market value
Evidence 2DCA/7 May 17, 2023
Romero v. Los Angeles Rams
Summary judgment was proper because plaintiffs could not show that defendants' enhanced security measures would more likely than not have prevented injuries resulting from a brawl among sports fans.
Torts 2DCA/8 May 17, 2023
Alliance for the Wild Rockies v. Petrick
Healthy Forests Restoration Act does not require that a proposed forest project border an at-risk community when a community wildfire protection plan is in place that defines the wildland-urban interface.
Environmental Law 9th May 17, 2023
Perez v. Kaiser Foundation Health Plan
Arbitrators' duty to disclose does not require a continuing disclosure of the results of proceedings that were pending and disclosed at the time of the nomination.
Arbitration 1DCA/3 May 17, 2023
County of San Diego v. Commission on State Mandates
San Diego County could not seek reimbursement for costs incurred for a *Franklin* proceeding because the relevant statutes fit the constitutional exception for laws changing a criminal definition.
Government 4DCA/1 May 17, 2023
Modification: Naranjo v. Doctors Medical Center of Modesto, Inc.
Emergency room patient's Consumer Legal Remedies Act claim war properly pleaded since he adequately alleged that medical center failed to provide material information about its evaluation and management services fee.
Consumer Law 5DCA May 17, 2023
Hamm v. Smith
Order
USSC May 16, 2023
Modification: Berry v. Frazier
Demurrer inappropriate where complaint incorrectly designated statutory remedy as cause of action but alleged facts sufficient to support causes of action that could serve as a basis for such recovery.
Torts 1DCA/3 May 16, 2023
In re: Bella Hospitality Group, LLC
Order for relief was appropriate despite creditor's failure to include statement of motivation for commencing involuntary Chapter 7 bankruptcy case because alleged debtor did not timely dispute the petition.
Bankruptcy BAP May 16, 2023
Alberto v. Cambrian Homecare
Employer's employee agreements were unconscionable because they contained illegal, one-sided terms that prevented wage discussions and representative actions.
Arbitration 2DCA/4 May 15, 2023
People v. Alexander
Convicted felon's challenge to constitutionality of statutes prohibiting the possession of firearms and ammunition by felons failed because the Second Amendment did not apply to the rights of non-law-abiding citizens.
Criminal Law and Procedure 4DCA/2 May 15, 2023
The Kennedy Commission v. City of Huntington Beach
Under catalyst theory, nonprofit was appropriately awarded attorney fees when its lawsuit to ensure availability of low-income housing achieved its aim.
Civil Procedure 4DCA/2 May 15, 2023
Roberts v. Springfield Utility Board
Public employer did not violate employee's First Amendment rights by barring discussion of a workplace investigation with other employees because the restriction did not limit his ability to speak about matters of public concern.
Civil Rights 9th May 15, 2023
Razoumovitch v. 726 Hudson Ave.
Apartment owners failed to show that tenant's attempt to enter locked apartment by climbing onto his apartment balcony was so unforeseeable that it negated their general duty of safety maintenance.
Torts 2DCA/7 May 15, 2023
Quinn v. LPL Financial LLC
Statutory exemption from the ABC test for financial representatives for securities dealers had a rational basis because professionals were less likely to be exploited by misclassification.
Employment Law 2DCA/8 May 12, 2023
Nirschl v. Schiller
Hirer's statements about a nanny to her agency about her termination were not protected statements made in anticipation of litigation because the threat of litigation was merely theoretical.
Anti-SLAPP 2DCA/4 May 12, 2023
City of Chula Vista v. Stephenshaw
Reimbursement agreement between former redevelopment agency and sponsor city was enforceable obligation of the agency despite the apparently contingent nature of the agency's repayment obligation.
Government 3DCA May 12, 2023
Ciminelli v. U.S.
Because the right to valuable economic information needed to make discretionary economic decisions is not a traditional property interest, the right-to-control theory cannot form the basis for a conviction under federal wire fraud statutes.
Criminal Law and Procedure USSC May 12, 2023
Percoco v. U.S.
A private citizen could be convicted of honest-services fraud, but the jury instruction on honest-services fraud was too broad because it could criminalize private citizens properly influencing government decisions.
Government USSC May 12, 2023
Financial Oversight and Management Bd. for Puerto Rico v. Centro De Periodismo Investigativo, Inc.
Insofar as the Financial Oversight and Management Board for Puerto Rico enjoys sovereign immunity, that immunity was not abrogated by the statutory provisions of PROMESA.
Immunity USSC May 12, 2023
National Pork Producers Council v. Ross
Proposition 12, requiring certain pig confinement standards for pork sold in California, did not run afoul of the "dormant" Commerce Clause.
Constitutional Law USSC May 12, 2023
Santos-Zacaria v. Garland
The exhaustion requirement for a noncitizen seeking review of a removal order is not jurisdictional.
Immigration USSC May 12, 2023
Preservation Action Council of San Jose v. City of San Jose
San Jose's environmental impact report for high-rise office tower project in downtown plaza was sufficient because its proposed mitigation measures to protect historical bank were feasible.
Environmental Law 6DCA May 12, 2023