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People v. Padilla
Order
CASC Aug. 28, 2020
Gund v. County of Trinity
Plaintiffs who responded to 911 call for assistance of unknown nature were engaged in 'active law enforcement service'; thus, workers' compensation was their exclusive remedy for the injuries they sustained.
Workers' Compensation CASC Aug. 28, 2020
Protecting Our Water and Environmental Resources v. County of Stanislaus
Agencies may not categorically classify projects as ministerial simply because a suggested set of standards for approval exists.
Environmental Law CASC Aug. 28, 2020
Eisenberg Village v. Suffolk Construction Co., Inc.
One-year statute of limitation under California Code of Civil Procedure Section 340(a) applies to disgorgement claims brought under Business and Professions Code Section 7031(b).
Civil Procedure 2DCA/4 Aug. 28, 2020
Conyer v. Hula Media Services, LLC
Trial court incorrectly denied defendant's motion to compel arbitration because plaintiff demonstrated his assent to the arbitration clause and defendant had no obligation to call plaintiff's attention to the arbitration clause.
Arbitration 2DCA/8 Aug. 28, 2020
People v. Conatser
Defendant was entitled to retroactive application of Senate Bill No. 180 because court imposed split sentence and therefore, his proceeding was ongoing when Senate Bill No. 180 became effective.
Criminal Law and Procedure 1DCA/3 Aug. 28, 2020
Thurston v. Fairfield Collectibles of Georgia, LLC
Under California case law, substantial sales of goods or services to California residents via one's own website constitutes purposeful availment.
Civil Procedure 4DCA/2 Aug. 28, 2020
Morgado v. City and County of San Francisco
Employer's monetary obligation to wrongfully terminated employee 'may be mitigated by deducting compensation or benefits actually received by employee that are inconsistent with original employment.'
Employment Law 1DCA/4 Aug. 28, 2020
U.S. v. Litwin
District court erred in dismissing juror because its determination that juror harbored 'malice toward the judicial process' was not supported by the record.
Criminal Law and Procedure 9th Aug. 28, 2020
U.S. v. Rodriguez-Gamboa
Because geometric isomers of methamphetamine are impossible, there is no realistic probability that defendant's California methamphetamine statute of conviction will be used to prosecute someone in connection with geometric isomers of methamphetamine.
Criminal Law and Procedure 9th Aug. 28, 2020
Akopyan v. Superior Court (Unzueta)
Trial court erred in granting disqualification motion under Code of Civil Procedure Section 170.6(a)(2) following conditional reversal where remand was for reconsideration of pretrial 'Batson/Wheeler' motion.
Civil Procedure 2DCA/7 Aug. 27, 2020
Modification: Golden Door Properties, LLC v. Superior Court (County of San Diego)
County's emails were official records under Public Resources Code Section 21167.6 and should not have been destroyed because they were subject to discovery under the Public Records Act.
Public Records Act 4DCA/1 Aug. 27, 2020
People v. Byers
There was insufficient evidence defendant was armed with a firearm during the offense of possessing the firearm.
Criminal Law and Procedure 2DCA/3 Aug. 27, 2020
Starks v. Vortex Industries
Trial court did not abuse its discretion when it determined that motion to intervene in nearly identical action after entry of judgment was untimely.
Civil Procedure 2DCA/1 Aug. 27, 2020
People v. Nguyen
Defendant was not entitled to Penal Code Section 1170.95 relief because transcripts from preliminary and plea hearings demonstrated he was convicted of second degree murder as direct aider and abettor.
Criminal Law and Procedure 2DCA/1 Aug. 27, 2020
Marriage of Siva
Trial court had discretion to allow 'Jackson v. Jackson' credit for respondent's double-satisfaction of his child support payments.
Family Law 1DCA/4 Aug. 27, 2020
Mitchell v. U.S.
Order
USSC Aug. 27, 2020
U.S. v. Hussain
Defendants's wire fraud convictions did not involve impermissible extraterritorial application of US law because defendant used domestic wires to perpetrate his fraud.
Criminal Law and Procedure 9th Aug. 27, 2020
Global Commodities Trading Group v. Beneficio De Arroz Choloma
Plaintiff made a prima facie showing that defendant reached out beyond Honduras to create continuing relationships and obligations with citizens of California.
Civil Procedure 9th Aug. 27, 2020
City of Oakland v. Wells Fargo & Co.
City plausibly alleged that its decrease in property-tax revenues had some direct and continuous relation to defendant's discriminatory lending practices to pursue a claim under Fair Housing Act.
Civil Rights 9th Aug. 27, 2020
In re I.M.
Probation requirement 'to report any police contacts' to deputy probation officer within 24 hours was unconstitutionally vague and overbroad.
Juveniles 1DCA/3 Aug. 26, 2020
People v. Contreraz
Suspending execution of defendant's sentence and placing him on probation constituted conditional judgment rather than final judgment; thus, Senate Bill No. 620 applied retroactively.
statutory_interpretation 6DCA Aug. 26, 2020
Shih v. Starbucks Corp.
Trial court correctly granted defendant summary judgment because any alleged defect in defendant's product was not a legal cause of plaintiff's injuries.
Torts 2DCA/7 Aug. 26, 2020
Riverside County Transportation Comm. v. Southern California Gas Co.
Once County Transportation Commission terminated Gas Company's licenses for pipelines that stood in the way of new rail line, Gas Company could be held liable for trespass.
Utilities 4DCA/2 Aug. 26, 2020
Modification: In re Shelton
Board of Parole Hearings considering inmate insight deficiencies must consider whether immutable facts are probative to the inmate's current dangerousness.
Criminal Law and Procedure 1DCA/2 Aug. 26, 2020
Williams v. 3620 W. 102nd Street, Inc.
State public policy prohibits arbitration provisions in residential lease agreements.
Arbitration 2DCA/8 Aug. 26, 2020
Lona v. City of Fullerton Police Dept.
Trial courts may review and consider an agency's denial letter when ruling on removal petitions, notwithstanding the language in Penal Code Section 186.35(c).
statutory_interpretation 4DCA/3 Aug. 26, 2020
Modification: King v. U.S. Bank National Assn.
Plaintiff's award for damages was reinstated because trial court's order failed to specify its reasons for granting defendant's motion for new trial for excessive damages.
Remedies 3DCA Aug. 26, 2020
U.S. v. Lusby
Sex Offender Registration and Notification Act does not require that defendant's interstate travel not be compelled.
Criminal Law and Procedure 9th Aug. 26, 2020
Abcarian v. Levine
The Hobbs Act does not carry an accompanying civil private right of action for extortion.
Criminal Law and Procedure 9th Aug. 26, 2020