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Olympic and Georgia Partners, LLC v. County of Los Angeles
County incorrectly assessed taxpayer's hotel because a subsidy from the city was an intangible asset that should have been deduced from the income assessment.
Tax 2DCA/8 Apr. 11, 2023
U.S. v. Ramos
District court judge did not need to specifically address defendant's evidentiary objections when it adopted, in full, the magistrate judge's reports and recommendations.
Criminal Law and Procedure 9th Apr. 11, 2023
The Oregon Clinic v. Fireman's Fund Insurance Company
Order
9th Apr. 11, 2023
Hacala v. Bird Rides, Inc.
Bird scooters owed a general duty of care to mother who tripped on the wheel of its scooter because an entity must use ordinary care in the management of its property.
Torts 2DCA/3 Apr. 11, 2023
Coast Restaurant Group, Inc. v. AmGUARD Insurance Company
Although government shutdown order due to COVID-19 caused direct physical loss of property, the loss was excluded from policy's coverage under other exclusions.
Insurance 4DCA/3 Apr. 11, 2023
Silk v. Bond
In a suit against an estate arising out of claims for breach of contract, federal jurisdiction was not barred by the probate exception.
Civil Procedure 9th Apr. 11, 2023
Porter v. Martinez
Although restriction on using vehicle's horn was a restriction on speech, it was narrowly tailored to further government's interest in traffic safety.
Constitutional Law 9th Apr. 10, 2023
West Virginia v. B. P. J.
Order
USSC Apr. 10, 2023
People v. Carr
Defendant's motion to vacate his drunk driving murder conviction under changes to the felony murder rule was denied where his conviction was proof that he appreciated the risk of driving drunk.
Criminal Law and Procedure 4DCA/2 Apr. 10, 2023
Martinez v. City of Clovis
Under the Housing Element Law, city compliance to affirmatively further fair housing requirements was mandatory and required affirmative action to meet statutory obligations.
Government 5DCA Apr. 10, 2023
Nickson v. Shemran, Inc.
Order denying employer's motion to compel arbitration was incorrect because employee's individual Private Attorneys General Act claims could be arbitrated, while his nonindividual PAGA claims could not.
Arbitration 4DCA/1 Apr. 10, 2023
People v. Didyavong
Penal Code Section 1172.6--resentencing based on felony murder rule changes--does not have a mechanism to reduce a conviction from first degree murder to second degree murder.
Criminal Law and Procedure 4DCA/1 Apr. 10, 2023
Nijmeddin v. Superior Court (People)
Trial court erred in denying plaintiff's compassionate release since he did not pose an unreasonable risk of danger to the public as a wheelchair-bound 65-year-old with pancreatic cancer.
Criminal Law and Procedure 6DCA Apr. 7, 2023
Modification: Gropen v. Superior Court (Shabrang)
PTSD-afflicted plaintiff's request for the presence of his wife, who was also a witness, at his deposition was deemed timely as the request was made five days before deposition's occurrence
Disability Discrimination 4DCA/1 Apr. 7, 2023
Michael G. v. Superior Court (Orange County Social Services Agency)
Juvenile court was not required to grant extension of reunification services even though services provided to a father by the Social Services Agency during an 18-month extension were not reasonable.
Dependency CASC Apr. 7, 2023
In re Ferrell
Reasonable jury could have found in favor of the defendant had it not been given erroneous jury instruction regarding legally invalid theory of murder.
Criminal Law and Procedure CASC Apr. 7, 2023
Modification: People v. Shkrabak
Schizophrenic defendant's motion to dismiss his prior conviction for brandishing a knife on his father was denied because dismissal would endanger public safety.
Criminal Law and Procedure 3DCA Apr. 6, 2023
Ford Motor Warranty Cases
Court dismissed car manufacturer's equitable estoppel and agency principle arguments that as nonsignatory third-party, it could enforce dealers' arbitration agreement on consumers' breach of warranty claims.
Arbitration 2DCA/8 Apr. 6, 2023
People v. Jones
The trial court lost jurisdiction over the jurors when it erroneously told them they were excused from jury duty, rendering their later verdict a nullity.
Criminal Law and Procedure 1DCA/5 Apr. 6, 2023
Alejandro Toledo Manrique v. Mark Kolc
Order
9th Apr. 6, 2023
Duke v. Gastelo
Federal abstention was inappropriate where petitioner had no opportunity to raise constitutional challenges in state court proceeding and requested the federal petition be stayed pending resolution of the state proceeding.
Criminal Law and Procedure 9th Apr. 6, 2023
Soni v. Cartograph, Inc.
In a suit between attorney and client, trial court properly found client was prevailing party under Mandatory Fee Arbitration Act for purposes of attorney fees award, because client obtained judgment confirming the award.
Arbitration 2DCA/5 Apr. 6, 2023
Earnest v. Commission on Teacher Credentialing
Teacher that had his credentials revoked by the Commission on Teacher Credentials was excused from exhausting his administrative remedies where the Commission's Committee acted in excess of its jurisdiction.
Education 3DCA Apr. 6, 2023
Reliant Life Shares, LLC v. Cooper
In a bifurcated trial, the trial court's factual findings in the bench trial on equitable issues were within the scope of issues to be tried and were properly binding upon the jury trial on legal issues.
Civil Procedure 2DCA/8 Apr. 6, 2023
GRFCO, Inc. v. Superior Court (Dept. Industrial Relations)
Contracting companies were properly debarred from acting as public works contractors because they knowingly violated apprenticeship requirements by failing to follow the regulations printed on the apprenticeship forms.
Commercial Law 4DCA/2 Apr. 5, 2023
Ayanian v. Garland
Using the Ninth Circuit's mediation program to hold proceedings in abeyance while awaiting discretionary relief that may never come rather than resolve a dispute would be an abuse of process.
Immigration 9th Apr. 5, 2023
Fellowship of Christian Athletes v. San Jose Unified School District Board of Education
Order
9th Apr. 5, 2023
Brown v. Louisiana
Order
USSC Apr. 4, 2023
Bolden-Hardge v. California State Controller
California State Controller's Office could not use the excuse of undue hardship when employee requested an addendum to oath of government allegiance to accommodate her religious beliefs.
Employment Discrimination 9th Apr. 4, 2023
In re Lopez
Gang-murder special circumstance, standing alone, did not necessarily show that jury instruction on the natural and probable consequences theory of aiding and abetting first degree murder was harmless beyond a reasonable doubt.
Criminal Law and Procedure CASC Apr. 4, 2023