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Hooper v. Shinn
Arizona Supreme Court did not unreasonably apply clearly established law in concluding that defendant failed to show that disclosure of witness benefits violated defendant's due process rights.
Prisoners' Rights 9th Jan. 11, 2021
Luebke v. Automobile Club of Southern California
Trial court erred by reaching out to decide issue not addressed in defendant's motion for summary judgment and therefore deprived plaintiff of his right to oppose summary judgment.
Torts 2DCA/7 Jan. 8, 2021
Balla v. Hall
For readers to perceive defendants' advertisement as harmful to plaintiff's reputation, they would need outside context; thus, trial court should have granted defendant's anti-SLAPP motion.
Anti-SLAPP 4DCA/1 Jan. 8, 2021
People v. Gonzalez
Expert witness's conclusory and contradictory statements held insufficient to support gang enhancement under Penal Code Section 186.22.
Criminal Law and Procedure 2DCA/8 Jan. 8, 2021
People v. Choi
Defendant's two one-year prior prison term enhancements were stricken under Senate Bill No. 136 and remanded for trial court to reevaluate its discretionary sentencing decisions in light of these changed circumstances.
Criminal Law and Procedure 2DCA/8 Jan. 8, 2021
U.S. v. Grimaldo
District court plainly erred by failing to determine whether defendant's possession of gun emboldened his possession of narcotics for purposes of four-level weapon enhancement.
Criminal Law and Procedure 9th Jan. 8, 2021
Cheneau v. Rosen
Order
9th Jan. 8, 2021
In re Morse
Trial court erred in sustaining petitioner's hearsay objection at Welfare and Institution Code Section 6602 probable cause hearing because Section 6602 is an implied exception to hearsay rule.
Evidence 4DCA/1 Jan. 7, 2021
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 Jan. 7, 2021
People v. Cook
Dissuading witness from reporting crime conviction was proper because jurors reasonably inferred defendant understood his mother to be speaking with 911 dispatcher when he broke phone.
Criminal Law and Procedure 2DCA/8 Jan. 7, 2021
Modification: People v. Mackreth
Resisting arrest under Penal Code Section 148(a)(1) does not require actual knowledge that the person defendant resists was a police officer.
statutory_interpretation 6DCA Jan. 7, 2021
U.S. v. Henry
District court made adequate fact findings to support each of its three ends-of-justice continuances under 18 U.S.C. Section 3161(h)(7)(A).
Criminal Law and Procedure 9th Jan. 7, 2021
New Livable California v. Assn. of Bay Area Governments
Trial court erroneously granted defendant's demurrer after taking judicial notice of defendant's documents without allowing plaintiff to present contrary extrinsic evidence.
Civil Procedure 1DCA/3 Jan. 7, 2021
Dept. of Finance v. Commission on State Mandates
Requirement that local government install and maintain trash receptacles was a reimbursable state mandate, but requirement to inspect was not because local government may levy that charge.
statutory_interpretation 2DCA/1 Jan. 6, 2021
Garcia v. Haralambos Beverage Co.
Defendant waived right to arbitration because it delayed filing its motion to compel arbitration for two years, engaged in classwide discovery and mediation, and prejudiced plaintiffs.
Arbitration 2DCA/5 Jan. 6, 2021
People v. Windfield
Appellants' sentence remanded for trial court to exercise its discretion whether to strike or dismiss any of firearm enhancements as contemplated by Senate Bill No. 620.
Criminal Law and Procedure 4DCA/2 Jan. 6, 2021
Chinese Theatres, LLC v. County of Los Angeles
Property owner not entitled to attorney fees under Revenue and Taxation Code Section 1611.6 because trial court did not order County Assessment Appeals Board to make new findings on remand.
Tax 2DCA/3 Jan. 6, 2021
Yumori-Kaku v. City of Santa Clara
City of Santa Clara's at-large elections for office of city council violated California Voting Rights Act of 2001.
Constitutional Law 6DCA Jan. 5, 2021
Amended Opinion: In re J.E.
Substantial evidence supported the trial court's determination that minor appreciated the wrongfulness of her conduct as required under Penal Code Section 26.
Juveniles 1DCA/4 Jan. 5, 2021
Ali v. Daylight Transport, LLC
Arbitration provision contained substantively unconscionable terms because it substantially shortened statute of limitations period.
Arbitration 1DCA/2 Jan. 5, 2021
Aghaian v. Minassian
Conducting sham transfers under family court supervision was not communicative conduct and thus not protected under litigation privilege.
Civil Procedure 2DCA/1 Jan. 5, 2021
Phillis v. County of Humboldt
Foreclosure sales are not 'open market transactions' supporting application of Revenue and Taxation Code Section 110's purchase price presumption as measure of value.
Tax 1DCA/2 Jan. 5, 2021
Modification: People v. Johnson
Trial court erred in interpreting Penal Code Section 1203.2(b)(1) to mean it had authority to terminate defendant's 'parole supervision.'
Criminal Law and Procedure 1DCA/3 Jan. 5, 2021
Modification: City of Fresno v. Fresno Building Healthy Communities
Trial court incorrectly concluded that the term 'local government' as used in Article XIII C, Section 2(d) of the California Constitution includes the electorate.
Government 5DCA Jan. 5, 2021
John Doe #1 v. Trump
President Trump's Proclamation No. 9945, restricting immigrants' entry based on healthcare coverage, was within president's delegated authority under Immigration and Nationality Act Section 212(f).
Constitutional Law 9th Jan. 5, 2021
People v. Skiff
Corporate officer properly convicted of involuntary manslaughter for admitting resident diagnosed with dementia into facility that did not monitor or safeguard his activities and allowed him to wander unsupervised.
Criminal Law and Procedure 2DCA/6 Jan. 5, 2021
People v. Ruiz
Applying 60-day limit to challenging erroneous parole supervision placement without providing notice violated defendant's constitutional due process rights.
statutory_interpretation 4DCA/1 Jan. 4, 2021
Mireskandari v. Gallagher
Plaintiff failed to demonstrate that application of United Kingdom's litigation privilege in his California litigation of California state law claims would further UK's interests.
Civil Procedure 4DCA/1 Jan. 4, 2021
Letterman Digital Arts Ltd. v. City and County of San Francisco
Trial court properly sustained without leave to amend city's demurrer because taxes and fees plaintiff paid to city did not contravene provisions of Presidio Trust Act.
Tax 1DCA/4 Jan. 4, 2021
People v. Martinez
California Code of Regulations title 10, section 2076, which restricted bail licensees' communications, is an invalid facially overbroad regulation of speech because it only provides remote support for government's purpose.
Constitutional Law 6DCA Jan. 4, 2021