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People v. Son
An officer who has extensively reviewed a video may offer a narration, pointing out particulars that a casual observer might not see.
Evidence 4DCA/3 Oct. 21, 2020
Marino v. Ocwen Loan Servicing
Summary judgment in favor of mortgage servicer who obtained consumers' credit report following bankruptcy discharge was proper because they had permissible reasons to obtain reports.
Consumer Law 9th Oct. 21, 2020
Ortega-Lopez v. Barr
Board of Immigration Appeals properly concluded that petitioner had been convicted of an offense under 8 U.S.C. Section 1227(a)(2) and thus ineligible for cancellation of removal under Section 1229b(b).
Immigration 9th Oct. 21, 2020
People v. Marquez
Nothing in Marsy's Law restricts the Legislature from creating new postconviction procedures, such as Penal Code Section 1170.95.
statutory_interpretation 4DCA/3 Oct. 21, 2020
Modification: Skaff v. Rio Nido Roadhouse
Plaintiff could not be awarded attorney fees under catalyst theory because claim on which it was based was objectively without legal merit.
Civil Procedure 1DCA/1 Oct. 21, 2020
People v. Villa
While evidence of victim's application for U visa was relevant to show motive to testify falsely, trial court did not abuse its discretion by excluding it under Evidence Code Section 352.
Evidence 4DCA/2 Oct. 20, 2020
People v. Bascomb
Because defendant planned home invasion robbery of known drug dealer while he was home, used firearms to push his way in, and forced victim to ground using guns, he acted with reckless indifference.
Criminal Law and Procedure 4DCA/2 Oct. 20, 2020
County of San Diego v. P.B.
Lower court improperly attributed nonexistent timeshare to guideline for child support calculation to penalize an allegedly non-cooperative parent.
Dependency 4DCA/1 Oct. 20, 2020
Bovat v. Vermont
Order
USSC Oct. 20, 2020
Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.
Order
USSC Oct. 20, 2020
Childress v. Costco Wholesale
Order
9th Oct. 20, 2020
Malott v. Summerland Sanitary Dist.
Lower court erred in requiring petitioner to exhaust administrative remedy that was inadequate to resolve petitioner's concerns.
Administrative Agencies 2DCA/6 Oct. 20, 2020
People v. Hendrix
Trial court erroneously included 'reasonably' in bracketed language for 'mistake of fact' jury instructions, but error was harmless.
Criminal Law and Procedure 2DCA/6 Oct. 20, 2020
American Chemistry Council v. Office of Environmental Health Hazard Assessment
Office of Environmental Health Hazard Assessment did not abuse its discretion in failing to consider committee's determination not to list Bisphenol A as reproductive toxicant under Proposition 65.
Environmental Law 3DCA Oct. 20, 2020
Modification: Gomez v. Smith
Trial court applied correct legal standard for mental capacity under Probate Code Sections 811 and 812.
probate_and_trusts 3DCA Oct. 20, 2020
Garcia-Brower v. Premier Automotive Imports of CA, LLC
Trial court's grant of nonsuit was improper because reasonable jury could conclude that defendant misused employee's dismissed conviction to terminate her in violation of Labor Code Section 432.7.
Labor Law 1DCA/1 Oct. 19, 2020
Modification: People v. Love
Defendants convicted of attempted murder on a natural and probable consequences theory are excluded from relief under Senate Bill 1437.
statutory_interpretation 2DCA/2 Oct. 19, 2020
Provost v. YourMechanic, Inc.
Threshold issues involving whether plaintiff is an 'aggrieved employee' for purposes of representative PAGA-only action cannot be split into individual arbitrable and representative nonarbitrable components.
Labor Law 4DCA/1 Oct. 19, 2020
In re McDowell
Substantial evidence supported the finding that petitioner, who was not the actual killer, was a major participant in the felony that led to the victim's death.
Criminal Law and Procedure 1DCA/5 Oct. 19, 2020
People v. Montelongo
Two statutes that criminalize the same conduct but impose different penalties are not unconstitutionally vague.
statutory_interpretation 2DCA/7 Oct. 19, 2020
Sensory Neurostimulation v. Azar
District court correctly held Medicare's administrative channeling requirement applied to eliminate subject matter jurisdiction to hear plaintiff's claims.
Civil Procedure 9th Oct. 19, 2020
People v. Valliant
Resentencing relief under Penal Code Section 1170.91 subdivision (b)(1)(B), only applies to military veterans sentenced before January 1, 2015.
statutory_interpretation 4DCA/3 Oct. 16, 2020
Denny v. Arntz
Trial court properly sustained demurrer because plaintiff's allegation that ballot materials were not fair and impartial failed to state a claim as a post-election contest under Elections Code Section 16100.
Government 1DCA/2 Oct. 16, 2020
People v. Tacardon
Order
CASC Oct. 16, 2020
Yazzie v. Hobbs
Plaintiffs lacked standing to challenge Arizona's mail ballot deadline because there was no particularized allegation with respect to any of the individual plaintiffs.
Constitutional Law 9th Oct. 16, 2020
Cortes-Maldonado v. Barr
Oregon's former marijuana delivery statute is not 'illicit trafficking of a controlled substance' offense, and thus, petitioner's conviction for that offense did not make him removable as aggravated felon.
Immigration 9th Oct. 16, 2020
Inteliclear v. ETC Global Holdings
Genuine issue of material fact existed as to whether plaintiff identified its trade secrets with sufficient particularity.
Civil Procedure 9th Oct. 16, 2020
Ross v. National Urban League
Order
USSC Oct. 15, 2020
Mi Familia Vota v. Hobbs
Order
9th Oct. 15, 2020
People v. Frazier
Secretary of the Department of Corrections and Rehabilitation's filing of Penal Code Section 1170(d)(1) recommendation for recall and resentencing does not trigger due process right to counsel for indigent defendant.
Criminal Law and Procedure 2DCA/7 Oct. 15, 2020