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Amended Opinion: City of Oakland v. BP PLC
Fact-bound state law claims, such as for public nuisance, do not require interpretations of federal law for federal question jurisdiction.
Civil Procedure 9th Aug. 13, 2020
Syed v. Barr
Penal Code Section 288.3(a) conviction based on specific intent to commit Section 288 offense constitutes categorical crime involving moral turpitude.
Immigration 9th Aug. 13, 2020
In re Edwin Earl Elliott
Appellant could not reclaim his retirement funds because he filed the bankruptcy petition after the execution lien on his retirement funds had already been satisfied.
Bankruptcy 9th Aug. 13, 2020
City of Portland v. U.S.
Provision regarding aesthetic regulations of small wireless cell facilities in Federal Communications Commission's order conflicted with Section 332 of Telephone Communications Act.
Administrative Agencies 9th Aug. 13, 2020
Modification: People v. Ware
Gang conspiracy conviction was reversed where no evidence was presented on nature of crimes committed by alleged co-conspiring gang members.
Criminal Law and Procedure 4DCA/1 Aug. 13, 2020
People v. Cardenas
Trial court erred by instructing jury on kill zone theory because there was insufficient evidence to warrant the instruction.
Criminal Law and Procedure 4DCA/2 Aug. 12, 2020
In re I.B.
Trial court did not abuse its discretion in concluding Mother demonstrated changed circumstances required under a Welfare and Institutions Code Section 388 petition.
Dependency 4DCA/3 Aug. 12, 2020
C.W. Johnson & Sons, Inc. v. Carpenter
Court may determine that there has been substantial compliance with licensure requirements if it is shown at evidentiary hearing that contractor acted reasonably and in good faith to maintain proper licensure.
Civil Procedure 2DCA/6 Aug. 12, 2020
Ghazarian v. Magellan Health
To avoid bad faith liability, it is not enough that insurer's ultimate decision might be considered reasonable at first glance.
Insurance 4DCA/3 Aug. 12, 2020
People v. Mirmon
Trial court properly sentenced defendant to a term to be served fully consecutively to the sentence defendant was already serving.
Criminal Law and Procedure 4DCA/2 Aug. 12, 2020
People v. Harrell
Convictions under Penal Code Section 530.5(c) cannot be reclassified as misdemeanor thefts under Proposition 47.
statutory_interpretation 1DCA/4 Aug. 12, 2020
Blue Fountain Pools and Spas Inc. v. Superior Court (Arias)
Plaintiff's work environment sexual harassment claim was not barred by one-year statute of limitations because a continuing violation existed.
Employment Discrimination 4DCA/2 Aug. 12, 2020
Archer v. Coinbase, Inc.
Plaintiff's breach of contract claim failed because plaintiff did not establish existence of an agreement with Coinbase to provide Bitcoin Gold to him.
Civil Procedure 1DCA/1 Aug. 12, 2020
Federal Trade Commission v. Qualcomm Inc.
Appellant's policy of licensing its patents to original equipment manufacturers was not an anticompetitive violation of the Sherman Act.
Antitrust 9th Aug. 12, 2020
Delta Sandblasting v. National Labor Relations Board
Labor Management Relations Act Section 302's written agreement requirement was satisfied by parties' collective bargaining agreement.
Labor Law 9th Aug. 12, 2020
People v. Tacardon
Officer smelling and seeing marijuana in vehicle supplied reasonable suspicion defendant may have been unlawfully transporting the substance.
Criminal Law and Procedure 3DCA Aug. 11, 2020
Holley v. Silverado Senior Living Management
Temporary conservators lacked the power to bind conservatee to an arbitration agreement without court approval.
Arbitration 4DCA/3 Aug. 11, 2020
B.B. v. County of Los Angeles
A defendant who committed an intentional tort is not entitled to a reduced judgment merely because plaintiff's injuries also resulted from the negligence of others.
Torts CASC Aug. 11, 2020
People v. Morales
Evidence of planning, motive, manner of killing, taken together, was sufficient to support jury's finding that defendant committed premeditated and deliberate murders.
Criminal Law and Procedure CASC Aug. 11, 2020
People v. Duong
Defendant's decision not to testify was knowing, intelligent, and voluntary.
Criminal Law and Procedure CASC Aug. 11, 2020
U.S. v. Fuentes-Galvez
Right to due process requires record to disclose that defendant who pleaded guilty entered his plea understandingly and voluntarily.
Criminal Law and Procedure 9th Aug. 11, 2020
U.S. v. Oriho
District court's pre-trial repatriation order violated defendant's Fifth Amendment privilege against self-incrimination.
Criminal Law and Procedure 9th Aug. 11, 2020
Reynaga Hernandez v. Skinner
Because mere unauthorized presence is not a criminal matter, suspicion of unauthorized presence alone does not give rise to inference that criminal activity is afoot.
Civil Rights 9th Aug. 11, 2020
Arconic v. APC Investment
Settlement agreement only triggers limitations period for contribution costs if it serves as the basis for seeking contribution.
Environmental Law 9th Aug. 11, 2020
In re S.P.
Juvenile court has the authority to order vaccinations for dependent children under its jurisdiction.
Juveniles 2DCA/6 Aug. 10, 2020
Golden State Seafood, Inc. v. Schloss
Appellant's anti-SLAPP motion was properly denied because respondent demonstrated likelihood of success on merits of its malicious prosecution claim.
Anti-SLAPP 2DCA/8 Aug. 10, 2020
People v. Wilson
Penal Code Section 1170.95 gives trial courts discretion to impose a period of parole that is not constrained by excess custody credits.
statutory_interpretation 1DCA/3 Aug. 10, 2020
People v. Liggins
Defendant's due process right to confront witness was violated at his probation revocation hearing when hearsay statements were admitted without a showing of witness unavailability or good cause.
Evidence 1DCA/4 Aug. 10, 2020
Barnes v. Ahlman
Court steps in to stay a preliminary injunction requiring Sheriff Don Barnes and Orange County (collectively, the Orange County Jail, or Jail) to implement certain safety measures to protect their inmates during the unprecedented COVID-19 pandemic.
Administrative Agencies USSC Aug. 10, 2020
U.S. v. Sanmina Corp.
District court did not clearly err in concluding that appellant expressly waived attorney-client privilege by disclosing memoranda to its attorney for purpose of obtaining non-legal valuation analysis.
Tax 9th Aug. 10, 2020