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People v. Wilson
Despite jury's inability to reach verdicts on enhancements, trial court in resentencing proceeding was not precluded from finding defendant-petitioner was actual killer where substantial evidence supported the findings.
Criminal Law and Procedure 1DCA/5 Apr. 25, 2023
Suffolk Construction Co. v. Los Angeles Unified School Dist.
Public Contract Code Section 1104 instruction to jury was irrelevant and prejudicial, requiring retrial on the issue of whether school district or contractor was liable for concrete cracking.
Government 2DCA/2 Apr. 25, 2023
Danco Laboratories, LLC v. Alliance for Hippocratic Medicine
Order
USSC Apr. 25, 2023
Burns v. Mays
Order
USSC Apr. 25, 2023
Murphy Co. v. Biden
President Obama's proclamation expanding Oregon's Cascade-Siskiyou National Monument was consistent with expansive discretionary power granted by the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act.
Environmental Law 9th Apr. 25, 2023
Epic Games, Inc. v. Apple, Inc.
Market-definition error in Sherman Act litigation was harmless where the plaintiff alleged a single-brand aftermarket but failed to demonstrate consumers were unaware of the aftermarket restrictions before entering a contract.
Antitrust 9th Apr. 25, 2023
People v. Fox
Despite entering plea agreement, criminal defendant was entitled to remand to seek resentencing relief where he was sentenced to the upper term without proof of aggravating circumstances.
Criminal Law and Procedure 1DCA/1 Apr. 24, 2023
Crescent Trust v. City of Oakland
For purposes of the Subdivision Map Act, determining whether property lot was separate from or had been legally merged with other lots required an analysis of controlling laws at the time of lots' origin.
Real Property 1DCA/1 Apr. 24, 2023
Amended Opinion: San Diego County Credit Union v. Citizens Equity First Credit Union
Declaration of trademark non-infringement divested the district court of jurisdiction to rule on the validity of common-law trademark.
Intellectual Property 9th Apr. 24, 2023
Gunn v. Drage
Federal courts ruling on an anti-SLAPP motion are entitled to rely on extrinsic evidence for both the first and second steps of the analysis.
Anti-SLAPP 9th Apr. 24, 2023
Fuentes v. Empire Nissan, Inc.
Arbitration agreement was enforceable where party seeking to invalidate if for unconscionability failed to demonstrate the substance of the agreement was at all unfair.
Arbitration 2DCA/8 Apr. 24, 2023
Takiguchi v. Venetian Condominiums Maintenance Corp.
Court could force homeowners association to hold regular election where substantial evidence showed quorum numbers were met by online presence not initially counted.
Corporations 4DCA/1 Apr. 24, 2023
People v. Coulthard
Abduction charges against British father were affirmed because he had no right to the custody of his eight-year-old daughter under the valid United Kingdom custody order.
Family Law 6DCA Apr. 21, 2023
Onglyza Product Cases
In case involving whether active ingredient in type 2 diabetes medication increased risk of heart failure, summary judgment was appropriate after trial court properly excluded experts' testimony.
Evidence 1DCA/4 Apr. 21, 2023
Friends of Oceano Dunes v. California Coastal Commission
Attempted intervenors in civil action failed to make a compelling showing that their interest in litigation would be inadequately represented by a party to the litigation with an identical interest.
Civil Procedure 2DCA/6 Apr. 21, 2023
In re L.C.
Although it had not been raised below, failure to conduct jurisdictional inquiry into family's home state required by statute was not an issue that could be forfeited by litigants' inaction.
Dependency 2DCA/5 Apr. 20, 2023
Manrique v. Kolc
Order
9th Apr. 20, 2023
Reed v. Goertz
For prisoners pursuing state post-conviction DNA testing through state courts, the statute of limitations for Section 1983 procedural due process claims start to run when the state litigation ends.
Civil Rights USSC Apr. 20, 2023
Turkiye Halk Bankasi A.S. v. United States
Turkish-owned bank was not immune from conspiracy charges because the Foreign Sovereign Immunities Act does not grant immunity to foreign states or their instrumentalities in criminal proceedings.
Immunity USSC Apr. 20, 2023
MOAC Mall Holdings LLC v. Transform Holdco LLC
Statutory limitation in bankruptcy code shielding good-faith purchaser from the effects of a court's modification or reversal of a lease assignment was not a jurisdictional provision.
Bankruptcy USSC Apr. 20, 2023
Mayes v. Biden
President Biden's Task Force guidelines requiring vaccinations for Arizona federal contractors did not exceed his authority under the Procurement Act because the Act gave him broad-ranging authority to address COVID-19.
Government 9th Apr. 20, 2023
Jackson v. Amazon.com, Inc.
Because Amazon Flex driver's wiretapping and invasion of privacy claims did not fall within the scope of his arbitration agreement with Amazon, arbitration was properly denied.
Arbitration 9th Apr. 20, 2023
Air 7, LLC v. County of Ventura
Taxes imposed on aircraft permanently removed from California before tax lien date were unlawful despite whether the aircraft was situated or taxed in another state.
Tax 2DCA/6 Apr. 20, 2023
Modification: Hamilton and High, LLC v. City of Palo Alto
Palo Alto's in-lieu parking fee, imposed to alleviate increased parking demands resulting from new developments, fell under the Mitigation Fee Act necessitating strict compliance with the statute's requirements.
Municipal Law 6DCA Apr. 19, 2023
New York v. New Jersey
New Jersey could unilaterally withdraw from interstate compact that provided for continuing, indefinite performance but was silent on withdrawals.
Contracts USSC Apr. 19, 2023
Pardini v. Unilever United States Inc.
Food Drug and Cosmetic Act preempted plaintiffs' challenge to "I Can't Believe It's Not Butter Spray" serving sizes that were compliant with FDA requirements.
Consumer Law 9th Apr. 19, 2023
Pyankovska v. Abid
Court erred in holding that *Noerr-Pennington* doctrine immunized husband's attorney from wiretapping claims because attaching a selectively edited transcript of a secretly recorded conversation was not a petitioning activity.
Constitutional Law 9th Apr. 19, 2023
Durkin v. City and County of San Francisco
Property owner's anti-SLAPP motion was reversed because his protected petitioning activity did not constitute the factual allegations in appellants' petition for writ of mandate against San Francisco housing decisionmakers.
Anti-SLAPP 1DCA/3 Apr. 18, 2023
In re S.S.
Case required reversal and remand for child welfare agency to question three family members, of whom the agency had contact information for, as to child's potential Native American ancestry.
Dependency 2DCA/8 Apr. 18, 2023
A.F. v. Jeffrey F.
Minor was entitled to hire her own attorney in Domestic Restraining Violence Order proceeding that was separate and independent from the court-appointed "minor's counsel" in her parents' divorce action.
Family Law 4DCA/1 Apr. 18, 2023