At the Lectern

APRIL 20, 2023

In Shusha , the Second District, Division Seven, Court of Appeal published opinion held a restaurant’s “allegations that contamination by the COVID-19 virus physically altered its restaurant premises were sufficient to withstand demurrer.” ” COVID insurance transfer denial. In San Jose Sharks v.

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At the Lectern

JANUARY 11, 2024

The dissent specifically urged the Supreme Court to grant review on its own motion (see rule 8.512 (c)(1)), as did the California District Attorneys Association, but the court declined. State of California (2016) 246 Cal.App.4th ” (Emphasis added.) ” (Emphasis added.) ” (Emphases added.) ” ( Id.

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At the Lectern

FEBRUARY 2, 2023

and more fully explain why that departure is appropriate under current California law.” In Rattagan , the court is expected to answer the Ninth Circuit’s question , “Under California law, are claims for fraudulent concealment exempted from the economic loss rule?” Uber Technologies, Inc. Fireman’s Fund Insurance Co.

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At the Lectern

JUNE 29, 2023

AmGUARD Insurance Company that affirmed the sustaining of a demurrer to a complaint claiming insurance coverage for business income losses from government COVID pandemic shut-down orders. The court denied a request to depublish the Fourth District, Division Three, opinion in Coast Restaurant Group, Inc. See here regarding In re Hicks.)

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At the Lectern

JUNE 1, 2023

Lowe’s Home Centers , where a Second District, Division Three, unpublished opinion upheld the dismissal by demurrer of a lawsuit by a pro per attorney. Helios Psychiatry Inc. , but Justice Joshua Groban recorded a vote to grant. Pandemic masking lawsuit. The court denied review in Birke v.

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At the Lectern

SEPTEMBER 16, 2021

Villa , where the unpublished opinion of the Second District, Division Six, affirmed the superior court’s denial of a California Department of Corrections and Rehabilitation recommendation that the defendant’s first-degree murder sentence be recalled for resentencing. ” The court granted and transferred in Hutcheson v.

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At the Lectern

OCTOBER 31, 2024

” The school district claimed that, by retroactively eliminating the claim presentation requirement, the statute violated the California Constitution’s provision barring the Legislature from making “any gift” to an individual and also the federal and state constitutional due process clauses. Illuminate Education.

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At the Lectern

NOVEMBER 16, 2023

California Racial Justice Act. The defendant challenged her murder convictions on appeal claiming implicit bias by the trial judge in violation of the California Racial Justice Act. The Second District, Division Eight, published opinion reversed the sustaining of a demurrer and a summary judgment grant. Michael Jackson.

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At the Lectern

NOVEMBER 10, 2022

” The California Supreme Court reversed a death sentence based on McCoy grounds seven months ago in People v. Cot’n Wash, Inc. , but Justice Goodwin Liu recorded a vote to hear the case. ” Rejecting dictum in a Second District, Division Five, opinion ( Ruiz v. Bloom (2022) 12 Cal.5th

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At the Lectern

OCTOBER 17, 2024

CERL)) have authority under the California Constitution and relevant statutes to create employment classifications and set salaries for employees of the retirement system?” Regents of the University of California. Code, § 31450 et seq. ” and “does section 31522.1

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