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Modification: In re K.B.
Mother's lack of supervision put children at substantial risk of physical harm and it was reasonable to infer her drug use was connected to this conduct.
Dependency 2DCA/8 Feb. 2, 2021
Chu v. Old Republic Home Protection Company, Inc.
Home protection contract is not sufficiently analogous to insurance to support imposition of tort liability despite its inclusion in Insurance Code for regulatory purposes.
Remedies 2DCA/5 Feb. 2, 2021
People V. Hwang
Defendant was entitled to ameliorative benefits of Proposition 57 and Senate Bill No. 1391 because trial court's resentencing of defendant pursuant to Penal Code Section 1170(d) reopened finality of his judgment.
Juveniles 2DCA/5 Feb. 2, 2021
In re Brianna S.
After juvenile court places children with 'de facto parent,' social services agency must use Welfare and Institutions Code Section 387 procedures when seeking to remove children, not Section 385.
Dependency 2DCA/2 Feb. 1, 2021
Flores v. Liu
Trial court erred in instructing jury that plaintiff's informed consent negated any liability for defendant's treatment recommendation but error did not prejudice plaintiff.
Torts 2DCA/2 Feb. 1, 2021
City of Duarte v. State Water Resources Control Bd.
Water boards' numeric effluent limitations permit was upheld based on boards' consideration of factors under Water Code Section 13241.
Administrative Agencies 4DCA/3 Feb. 1, 2021
Marriage of Carlisle
Trial court did not lack jurisdiction to renew plaintiff's request for domestic violence restraining order against defendant.
Family Law 3DCA Feb. 1, 2021
Amended Opinion: People v. Montelongo
Two statutes that criminalize the same conduct but impose different penalties are not unconstitutionally vague.
statutory_interpretation 2DCA/7 Feb. 1, 2021
Amended Opinion: People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error.
Criminal Law and Procedure CASC Feb. 1, 2021
U.S. v. Hudson
18 U.S.C. Section 2252(b)(2)'s reference to state crimes 'relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor' is not unconstitutionally vague.
statutory_interpretation 9th Feb. 1, 2021
Kaur v. Wilkinson
Board of Immigration Appeals erroneously denied asylum to petitioner because her credible testimony about attempted gang rape was sufficient to establish past persecution.
Immigration 9th Feb. 1, 2021
Howard Jarvis Taxpayers Assn. v. City and County of San Francisco
Proposition 13 did not compel a two-thirds supermajority vote to approve voter initiatives.
Tax 1DCA/5 Jan. 29, 2021
Modification: People v. Jaimes
Trial court erroneously defined 'association'--an element of the gang enhancement--in response to jury's request to define the term.
statutory_interpretation 5DCA Jan. 29, 2021
People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error.
Criminal Law and Procedure CASC Jan. 29, 2021
In re Palmer
To the extent petitioner's continued incarceration at some point became constitutionally excessive, that alone did not justify ending his parole under the current statutory scheme.
statutory_interpretation CASC Jan. 29, 2021
Mineral County v. Walker River Irrigation District
Order
9th Jan. 29, 2021
Axon Enterprise v. Federal Trade Commission
Under 'Thunder Basin Coal Co. v. Reich,' district court did not have jurisdiction to hear plaintiff's constitutional challenges to Federal Trade Commission's structure.
Administrative Agencies 9th Jan. 29, 2021
Villanueva v. Cleveland
Police officers were not entitled to qualified immunity after fatally shooting victim because officers could have simply moved away from slowly moving vehicle to avoid injury.
Civil Rights 9th Jan. 29, 2021
Abraham v. Corizon Health
Order
9th Jan. 29, 2021
Atlas Construction Supply v. Swinerton Builders
Co-defendant supplier was not aggrieved by trial court's exoneration of co-defendant general contractor in plaintiff's wrongful death action.
Torts 4DCA/1 Jan. 28, 2021
Breslin v. Breslin
Defendants forfeited their interest in settlement between appearing beneficiaries when defendants failed to participate in mediation ordered by probate court.
probate_and_trusts 2DCA/6 Jan. 28, 2021
People v. Ramirez
Review pursuant to 'People v. Wende' was denied because appeal from denial of motion to vacate plea was not defendant's first appeal of right.
Criminal Law and Procedure 3DCA Jan. 28, 2021
Self v. Cher-AE Heights Indian Community
Congress has not abrogated tribal immunity for a suit to establish a public easement.
Government 1DCA/5 Jan. 28, 2021
People v. Williams
Trial judge's participation in questioning of prosecution's fingerprint expert by repeatedly interrupting defense's cross-examination constituted prejudicial misconduct.
Criminal Law and Procedure 1DCA/3 Jan. 28, 2021
Murphy v. Twitter, Inc.
Trial court properly sustained Twitter's demurrer without leave to amend because plaintiff's lawsuit was barred by Communications Decency Act of 1996, 47 U.S.C. Section 230.
Civil Procedure 1DCA/1 Jan. 27, 2021
People v. Jaimes
Trial court erroneously defined 'association'--an element of the gang enhancement--in response to jury's request to define the term.
statutory_interpretation 5DCA Jan. 27, 2021
Friedman v. Tesla
Specific statements challenged in Plaintiffs' complaint were protected by 'safe harbor' for forward-looking statements in Private Securities Litigation Reform Act.
Securities 9th Jan. 27, 2021
Henry Schein, Inc. v. Archer & White Sales, Inc.
Order
USSC Jan. 26, 2021
Francois v. Wilkinson
Order
USSC Jan. 26, 2021
Silver v. U.S.
Order
USSC Jan. 26, 2021