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Modification: Capra v. Capra
Trial court erred by concluding that probate court had 'exclusive jurisdiction' under Probate Code Section 17000 over plaintiff's wrongful ownership claim. 		probate_and_trusts 3DCA Jan. 20, 2021
People v. Montes
Limited remand was appropriate for trial court to consider defendant's future ability to pay fines and assessments imposed postconviction. 		Criminal Law and Procedure 5DCA Jan. 20, 2021
U.S. v. Gear
In order to gain a conviction under 18 U.S.C. Section 922(g)(5)(B), government must prove defendant knew he was admitted into the country under a nonimmigrant visa. 		statutory_interpretation 9th Jan. 20, 2021
Bohnett v. County of Santa Barbara
Plaintiff's purchase of property constituted sibling-to-sibling sale and therefore was not exempt from reassessment as Proposition 58 transfer between parent to child. 		Real Property 2DCA/6 Jan. 20, 2021
Trinity Risk Management v. Simplified Labor Staffing Solutions
Filing amended complaint does not render cross-complaint null; thus, anti-SLAPP motion to strike cross-complainants' defamation claim was not rendered moot. 		Anti-SLAPP 2DCA/8 Jan. 19, 2021
Amended Opinion: Ko v. Maxim Healthcare Services, Inc.
Parents' virtual presence during their son's abuse through real-time audiovisual connection satisfied requirement in 'Thing v. La Chusa' of contemporaneous presence for bystander negligent infliction of emotional distress liability. 		Torts 2DCA/7 Jan. 19, 2021
Tekoh v. County of Los Angeles
Use of un-Mirandized statement against defendant in prior criminal case is alone sufficient to support action under 42 U.S.C. Section 1983 based on Fifth Amendment violation. 		Civil Rights 9th Jan. 19, 2021
International Brotherhood of Teamsters v. Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration properly found that California's meal and rest break rules were preempted by federal law as applied to drivers of property-carrying commercial motor vehicles. 		Administrative Agencies 9th Jan. 19, 2021
Scalia v. State of Alaska
When rotational employee takes continuous leave, both his on and off weeks count as 'workweeks of leave' for purposes of Family and Medical Leave Act. 		statutory_interpretation 9th Jan. 19, 2021
Estate of Anderson v. Marsh
Public official may not immediately appeal fact-related dispute about pretrial record, namely, whether or not evidence in pretrial record was sufficient to show genuine issue of fact for trial. 		Civil Rights 9th Jan. 19, 2021
Chicago v. Fulton
Mere retention of estate property after filing of bankruptcy petition does not violate Bankruptcy Code Section 362(a)(3). 		Bankruptcy USSC Jan. 15, 2021
Vazquez v. Jan-Pro Franchising International, Inc.
'Dynamex' standard to determine whether workers should be classified as employees or independent contractors for purposes of obligations imposed by California's wage orders, applies retroactively. 		statutory_interpretation CASC Jan. 15, 2021
Favor v. Superior Court (People)
The right to a preliminary hearing within 60 days of arraignment 'is absolute absent a defendant's personal waiver.' 		Criminal Law and Procedure California Courts of Appeal Jan. 15, 2021
U.S. v. King
District court properly denied defendant's motion to suppress firearms found during search because search warrant was not overbroad. 		Criminal Law and Procedure 9th Jan. 15, 2021
Amended Opinion: U.S. v. Collazo
To obtain conviction for conspiracy to distribute controlled substances, government need not prove defendant's knowledge or intent with respect to drug type and quantity. 		statutory_interpretation 9th Jan. 15, 2021
Bello-Reyes v. Gaynor
'Nieves v. Bartlett's holding that presence of probable cause generally defeats retaliatory criminal arrest claim is inapplicable in habeas challenges of immigration bond revocations. 		Immigration 9th Jan. 15, 2021
People v. Superior Court (Arnold)
Absent further time waivers, preliminary hearings cannot be continued beyond the agreed-upon date. 		statutory_interpretation 2DCA/7 Jan. 14, 2021
People v. Sims
Assembly Bill No. 1950's two-year limitation on felony probation was an ameliorative change to criminal law that is subject to 'In re Estrada' presumption of retroactivity. 		Criminal Law and Procedure 4DCA/1 Jan. 14, 2021
Saint Francis Memorial Hospital v. State Dept. of Public Health
Counsel's mistake in missing statutory language that agency decisions that are 'effective immediately' eliminate 30-day period for reconsideration, and thus begin limitations period, was not objectively reasonable under equitable tolling. 		Civil Procedure 1DCA/1 Jan. 14, 2021
Sandoval v. County of San Diego
District court erred by applying subjective deliberate indifference standard to Plaintiff's Fourteenth Amendment claim. 		Civil Rights 9th Jan. 14, 2021
Greenberg v. Target Corp.
Because structure/function claim about biotin met FDCA's requirements, plaintiff's state law claims amounted to imposition of different standards and was thus preempted. 		Constitutional Law 9th Jan. 14, 2021
Food and Drug Administration v. American College of Obstetricians and Gynecologists
Order 		USSC Jan. 14, 2021
Modification: People v. Azcona
Trial court abandoned its gatekeeping responsibility by allowing firearms expert to testify to conclusions not supported by the material on which he relied. 		Criminal Law and Procedure 6DCA Jan. 13, 2021
People v. Jung
One's own error in not understanding or knowingly accepting that guilty plea will have certain and adverse immigration consequences may constitute prejudicial error under Penal Code Section 1473.7. 		Criminal Law and Procedure 4DCA/3 Jan. 13, 2021
Marriage of Erndt and Terhorst
Trial court erred in awarding attorney fees as sanction to husband because Family Code Section 271 does not permit award of fees to self-represented party. 		Family Law 1DCA/3 Jan. 13, 2021
Wang v. Fang
Trial court abused its discretion in dismissing plaintiffs' complaint for forum non conveniens as opposed to merely staying the action pending outcome of plaintiffs' case in China. 		Civil Procedure 4DCA/1 Jan. 13, 2021
People v. Lipptrapp
Defendant's motion contained sufficient information for him to gain access to 'Franklin' evidence preservation proceeding. 		Criminal Law and Procedure 4DCA/3 Jan. 13, 2021
People v. Quinn
Assembly Bill No. 1950 applied retroactively and reduced defendant's probation from three years to two years. 		Criminal Law and Procedure 1DCA/4 Jan. 13, 2021
U.S. v. Bruce
District court reasonably concluded that use of Facebook photo during identification procedure was not so suggestive that it rendered witness's identification unreliable. 		Criminal Law and Procedure 9th Jan. 13, 2021
Moser v. Las Vegas Metropolitan Police Dept.
Factual disputes had to be resolved before court could weigh competing considerations of plaintiff's First Amendment rights against government interest in workforce discipline under 'Pickering' balancing test. 		Civil Rights 9th Jan. 13, 2021
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