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People v. Foley
Defendant's conviction for molesting his grandchild, suffered in separate proceeding that concluded long before trial of his offenses against his other grandchild did not fall within One Strike law's multiple victim circumstance.
Criminal Law and Procedure 2DCA/3 Oct. 27, 2020
People v. Ford
Appellant was denied his constitutional right to be present at his pretrial hearing where court found him incompetent to decide if he wanted jury trial and error was prejudicial.
Criminal Law and Procedure 2DCA/4 Oct. 27, 2020
Amended Opinion: U.S. v. Johnson
Although government did not prove at trial that defendant knew of his status as convicted felon, court records contained information about his prior felony convictions and years served in prison.
Criminal Law and Procedure 9th Oct. 27, 2020
Thorne v. U.S. Dept. of State
District court did not abuse its discretion in denying plaintiffs' preliminary injunction because plaintiffs did not sufficiently establish that they had been 'de facto debarred' under 22 C.F.R. Section 127.7.
Administrative Agencies 9th Oct. 27, 2020
People v. Lizarraga
Defendant's case was final when he requested a transfer hearing under Proposition 57, and Proposition 57 does not apply to final judgments.
Criminal Law and Procedure 2DCA/5 Oct. 26, 2020
People v. Baratang
Trial court prejudicially erred by instructing jury it could convict defendant of felony elder theft based on identity theft theory regardless of value of property taken or obtained.
Criminal Law and Procedure 1DCA/3 Oct. 26, 2020
People v. Uber Technologies, Inc.
Because drivers performed services for defendant rideshare companies in usual course of defendants' businesses, there was reasonable probability of prevailing on drivers' claim that defendants misclassified drivers.
Employment Law 1DCA/4 Oct. 26, 2020
Carroll v. Commission on Teacher Credentialing
Trial court abused its discretion by permitting plaintiff's counsel to question defendant witnesses on, and asking jury to draw negative inferences from, defendant's exercise of attorney-client privilege.
Evidence 3DCA Oct. 26, 2020
Merrill v. People First of Alabama
Order
USSC Oct. 23, 2020
Modification: Reyes v. Kruger
Appellant's challenge to the order on anti-SLAPP motions was not cognizable on appeal from the judgment.
Anti-SLAPP 6DCA Oct. 23, 2020
U.S. v. Alhaggagi
District court abused its discretion in applying terrorism enhancement to defendant's sentence because defendant did not have necessary mental state to trigger enhancement.
Criminal Law and Procedure 9th Oct. 23, 2020
State of California v. U.S. Environmental Protection Agency
District court abused its discretion in refusing to modify injunction that was based on law that has been altered to permit what was previously forbidden.
Environmental Law 9th Oct. 23, 2020
Ventura v. Rutledge
It was not clearly established that use of deadly force was unconstitutional where decedent, armed with knife, advanced within striking distance of another, and ignored officer's orders to drop knife.
Civil Rights 9th Oct. 23, 2020
Boardman v. Inslee
State did not engage in viewpoint discrimination by simply disclosing personal information of public or quasi-public employees to their exclusive collective bargaining representative, while denying equal access to public.
Civil Rights 9th Oct. 23, 2020
Epstein v. Vision Service Plan
Health and Safety Code Section 1367 did not bar parties to network provider agreement from agreeing to arbitration in lieu of subsequent judicial review through administrative mandamus.
Arbitration 1DCA/1 Oct. 23, 2020
Lowry v. Port San Luis Harbor Dist.
Because plaintiff filed his complaint on the same day he applied to submit a late claim without waiting for public entity's response, Government Claims Act was not satisfied.
Civil Procedure 2DCA/6 Oct. 23, 2020
Leah B. v. Michael V.
Appellant was not permitted to use civil harassment order process to collaterally attack confidential child dependency and adoption proceeding concerning her biological daughter.
Dependency 2DCA/6 Oct. 23, 2020
Modification: People v. Allison
Defendant convicted of murder with felony-murder special circumstance was properly held ineligible for resentencing under Penal Code Section 1170.95.
Criminal Law and Procedure 2DCA/1 Oct. 23, 2020
Kramer v. Traditional Escrow
Lower court erred in granting equitable relief from default judgment to defendants because defendants were unaware of the amended complaint due to their own negligence.
Civil Procedure 4DCA/3 Oct. 22, 2020
People v. Douglas
Defendant planned and led armed robbery, gave his loaded gun to recruited gang member, and showed no interest in aiding suffering victim; thus, he was disqualified from resentencing under Penal Code Section 1170.95.
statutory_interpretation 2DCA/8 Oct. 22, 2020
In re Von Staich
California Department of Corrections and Rehabilitation acted with deliberate indifference to the risk of petitioner contracting COVID-19 by failing to implement measures to permit physical distancing between inmates.
Prisoners' Rights 1DCA/2 Oct. 22, 2020
Stover v. Experian Holdings
In order to bind parties to new terms pursuant to change-of-terms provision, both parties must have notice that terms have changed and an opportunity to review those changes.
Arbitration 9th Oct. 22, 2020
Paul Blanco's Good Car Co. Auto Group v. Superior Court (People)
If the admission of the truth of the complaint might subject a corporation to criminal prosecution, the corporation does not have to verify its answer.
Civil Procedure 1DCA/5 Oct. 22, 2020
People v. Wilson
Government's warrantless search of four child pornography images in defendant's email was permissible under private search doctrine.
Criminal Law and Procedure 4DCA/1 Oct. 22, 2020
In re Nelson
'People v. Gallardo,' which limits a sentencing court's factfinding abilities for prior conviction enhancements, does not retroactively apply on collateral review of final convictions.
Criminal Law and Procedure 5DCA Oct. 22, 2020
Guerrero v. Hestrin
Trial court's decision to deny a wiretap disclosure constituted an abuse of discretion because it applied the wrong standard.
Constitutional Law 4DCA/2 Oct. 22, 2020
In re Phillip Johnny Rodriguez and Jennifer Lynn Rodriguez
Bankruptcy court properly concluded that Debtors' vehicle operation expense was limited to the numerical value specified in the Internal Revenue Service's Local Standards table.
Bankruptcy BAP Oct. 21, 2020
Wolf v. Innovation Law Lab
Order
USSC Oct. 21, 2020
Lange v. California
Order
USSC Oct. 21, 2020
Trump v. Sierra Club
Order
USSC Oct. 21, 2020