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TruConnect Communications v. Maximus
Prohibition against trial court actions that would interfere with Public Utility Commission's ongoing regulatory duties did not apply to lawsuit couched in tort law against companies hired by the Commission.
Utilities 1DCA/1 May 12, 2023
Federal Trade Commission v. Hewitt
District court did not err in denying defendant-appellant's Rule 60(b) motion for relief from a previous equitable monetary judgment.
Civil Procedure 9th May 12, 2023
Hollins v. Walmart, Inc.
Because consumer's state mislabeling claims against Walmart's dietary supplement were inconsistent with federal labeling requirements, consumer's claims were preempted.
Consumer Law 9th May 12, 2023
People v. Hiller
Because defendant's prior Washington robbery conviction lacked element required for California robbery conviction, trial court erred in counting priors to apply Three Strikes law and enhancements.
Criminal Law and Procedure 1DCA/3 May 11, 2023
Kimball-Griffith, L.P. v. Burman
Failure to allege a property interest in easement over an access road was fatal to plaintiff's claims under the Takings Clause.
Eminent Domain 9th May 11, 2023
Young v. RemX Specialty Staffing
Employee's firing from her temporary assignment at a bank did not constitute a "discharge" under the Labor Code because her employment relationship with the staffing agency had not ended.
Employment Law 1DCA/5 May 11, 2023
Collins v. Waters
Congresswoman's anti-SLAPP motion was granted in error because plaintiff had made a preliminary evidentiary showing that he could prevail in his underlying defamation suit.
Anti-SLAPP 2DCA/8 May 11, 2023
Conservatorship of Tedesco
Probate court's order striking petition to vacate conservatorship was proper, given conservetee's lack of capacity and attempts by petitioner (conservetee's second wife) to influence changes to his estate in her favor.
probate_and_trusts 4DCA/2 May 10, 2023
People v. Sherman
Legislative changes to Penal Code Section 1170.91 denied resentencing to registered sex-offender defendant because the changes categorically disqualified his pending action.
Criminal Law and Procedure 4DCA/1 May 10, 2023
Modification: Gola v. University of San Francisco
Newly enacted Labor Code statute that classified university instructors as professional employees did not apply retroactively to University of San Francisco's prior violations.
Employment Law 1DCA/2 May 10, 2023
Modification: Madrigal v. Hyundai Motor America
Section 998 Offer to Compromise's mandatory cost-shifting provision applies when the parties enter into a settlement agreement because a less favorable "judgment" includes a dismissal with prejudice.
Civil Procedure 3DCA May 10, 2023
Moses v. Roger-McKeever
Condo owner had no duty to protect invitee from hazard in the building's common walkway, over which owner had no control.
Torts 1DCA/1 May 9, 2023
Los Angeles Unified School Dist. v. Office of Administrative Hearings
An order on a motion for immediate reversal of suspension against a teacher is not reviewable by a court because the Education Code forbids interlocutory judicial review.
Administrative Agencies 2DCA/8 May 9, 2023
Modification: Thompson v. Spitzer
Dismissal of residents' challenge to Orange County DNA collection program was reversed because participants were not informed of how their DNA samples could be used before waiving their privacy rights.
Constitutional Law 4DCA/3 May 9, 2023
Childhelp, Inc. v. City of Los Angeles
Because City was required to strictly follow its charter requirements to convey city property to a nonprofit, promissory estoppel was an unavailable remedy for a promise to give the land to the nonprofit.
Government 2DCA/7 May 9, 2023
65283 Two Bunch Palms Building LLC v. Coastal Harvest II, LLC
Evidence of parties' intentions that oral lease for property where cannabis was cultivated be month to month overcame presumption of one year term for oral leases of agricultural land.
Real Property 4DCA/2 May 9, 2023
In re C.P.
Because grandparents were approved as a resource family for their grandchild, no further adoption home study approval was necessary for juvenile court to allow grandparents' adoption of grandchild.
Dependency 4DCA/2 May 9, 2023
Estate of Kempton
Probate court had discretion to approve fee payment directly to a third party who was legally entitled to money owed on a judgment lien against estate administrator.
Attorneys 1DCA/4 May 9, 2023
Wilkins v. U.S.
Order
9th May 9, 2023
Clifton Capital Group, LLC v. Sharp
Unsecured creditor's alleged injury was too conjectural to object to trustee's compensation enhancement where the debtor's bankruptcy plan proposed to pay allowed claims in full.
Bankruptcy 9th May 9, 2023
People v. Montanez
Petitioner who actively participated in underlying robbery and sex crimes with knowledge of cohort's violent disposition without trying to mitigate that danger was a major participant for felony murder purposes.
Criminal Law and Procedure 4DCA/1 May 9, 2023
In re E.W.
Welfare agency reliably answered the question of whether dependent child had Native American ancestry in light of declarations by both parents and interviews with extended family members.
Dependency 1DCA/2 May 9, 2023
Dua v. Stillwater Insurance Company
Because dog bite lawsuit against insured was potentially covered, insurance company was required to investigate and negate all facts leading to coverage before denying coverage.
Insurance 2DCA/2 May 8, 2023
Stack v. City of Lemoore
Jury verdict finding city liable for injury caused by uneven sidewalk was appropriate because the sidewalk defects could not be deemed "trivial" as a matter of law, despite plaintiff's familiarity with the area.
Government 5DCA May 5, 2023
Mendoza v. Superior Court (People)
Case was remanded to prove that alleged gang shooting was committed for the gang's benefit since the non-reputational benefit evidence was minor compared to the other preliminary hearing evidence.
Criminal Law and Procedure 5DCA May 5, 2023
Young v. Midland Funding LLC
Under the Rosenthal Fair Debt Collection Practices Act, a consumer needed only to make a prima facie showing that the debt collectors made a false representation and need not show that it was made knowingly.
Consumer Law 1DCA/4 May 5, 2023
In re F.M.
Juvenile court failed to comply with its express declaration requirement for wobbler allegations since it did not discuss its discretion in the hearing transcript.
Juveniles CASC May 5, 2023
Kennedy Jr. v. Warren
Senator's letter requesting Amazon review and adjust its algorithm so it would not promote COVID-19 misinformation published by third parties was not a coercive violation of the First Amendment.
Constitutional Law 9th May 5, 2023
Smith v. Agdeppa
Order
9th May 5, 2023
In re: Simon Vernon Rodriguez and Marilyn Kay Schipull
Summary judgment was appropriate where there were no genuine issues of material fact regarding whether state court judgment against debtor was for violation of securities laws.
Bankruptcy BAP May 4, 2023