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Carter v. Pulte Home Corporation
Trial court did not violate its own in limine orders and did not deny appellant's right to a fair trial.
Insurance 1DCA/2 Jul. 24, 2020
Modification: Smith v. Superior Court
Delegating judicial duties to a pro per coordinator undermines judicial authority in violation of the separation of powers doctrine.
Constitutional Law 3DCA Jul. 24, 2020
Torrecillas v. Fitness International
Trial court erred in denying defendant's motion to compel arbitration because arbitration agreements between parties were not procedurally and substantively unconscionable.
Arbitration 2DCA/8 Jul. 23, 2020
In re T.S.
Evidence regarding custody and visitation are necessarily relevant to custody proceeding; thus court was empowered to modify prior orders, even absent Welfare and Institutions Code Section 388 petition.
Dependency 2DCA/7 Jul. 23, 2020
Marriage of Hein
Claiming a depreciation deduction on an income tax return does not require an outlay of cash, and thus, does not reduce funds available for child support.
Family Law 5DCA Jul. 23, 2020
Moreno v. California State Teachers' Retirement System
CalSTRS's adjustments to plaintiff's retirement benefits and collection of overpayments were not barred by statute of limitations because CalSTRS did not have inquiry notice.
Civil Procedure 3DCA Jul. 23, 2020
Modification: Universal Home Improvement, Inc. v. Robertson
Parties responding to Requests for Admissions may avoid shifting costs and expenses by establishing reasonable basis for potential success at trial.
Remedies 1DCA/2 Jul. 23, 2020
In re Jasper Stevens and Brenda Louise Murray Stevens
Debtors must include assets in their schedule of assets and liability, and not just in their statement of financial affairs, for technical abandonment to apply on case closure.
Bankruptcy BAP Jul. 23, 2020
In re Shawne Merriman
Bankruptcy court has power to retroactively annul stay to permit state court action to be litigated under Bankruptcy Code Section 362(d).
Bankruptcy BAP Jul. 23, 2020
Monzon v. City of Murrieta
District court properly granted defendant's summary judgment motion because police officer's use of deadly force was reasonable.
Civil Rights 9th Jul. 23, 2020
National Family Farm Coalition v. U.S. Environmental Protection Agency
Petition challenging Environmental Protection Agency's decision in registering pesticide under Federal Insecticide, Fungicide, and Rodenticide Act was denied.
Environmental Law 9th Jul. 23, 2020
Pimentel v. City of Los Angeles
The Eight Amendment's Excessive Fines Clause applies to municipal parking fines.
Civil Rights 9th Jul. 23, 2020
Abatti v. Imperial Irrigation District
Irrigation District abused its discretion in how it prioritized water apportionment among categories of water users in 2013 Equitable Distribution Plan.
Water Rights 4DCA/1 Jul. 22, 2020
Johnson v. Monsanto Co.
Plaintiff was entitled to future noneconomic damages measured by reasonable and realistic life expectancy, not life expectancy based on hope that he might miraculously live for dozens of more years.
Remedies 1DCA/1 Jul. 22, 2020
People v. Munch
Child Sexual Abuse Accommodation Syndrome evidence is relevant and admissible to advise jurors that self-impeaching behavior is not unusual for sexually abused children.
Evidence 2DCA/6 Jul. 22, 2020
Collie v. The Icee Co.
An employee cannot be compelled to arbitrate Private Attorneys General Act cause of action, on the basis of predispute arbitration agreement.
Arbitration 4DCA/2 Jul. 22, 2020
Amended Opinion: Skyline Wesleyan Church v. California Dept. of Managed Health Care
Plaintiff established each of three elements of standing with respect to its federal free exercise claim.
Civil Rights 9th Jul. 22, 2020
Pierce v. Ducey
Arizona citizen lacked Article III standing to sue in federal court that Proposition 123 violated the New-Mexico Enabling Act of 1910.
Constitutional Law 9th Jul. 22, 2020
Larson v. Saul
Social Security Administration properly reduced claimant's social security retirement benefits pursuant to Windfall Elimination Provision of Social Security Act.
Administrative Agencies 9th Jul. 22, 2020
Dominguez v. Barr
Petitioner's state conviction of manufacturing marijuana was categorical match to aggravated felony drug trafficking offense under Controlled Substances Act; thus, petitioner was removable.
Immigration 9th Jul. 22, 2020
Modification: Estes v. Eaton Corp.
Trial courts must specifically explain grounds and particular reasons for granting new trial, in order to facilitate and effectuate appellate review.
Civil Procedure 1DCA/2 Jul. 22, 2020
People v. Barton
Juror's disagreement with majority of jury as to what evidence shows, does not constitute refusing to deliberate or grounds for discharge.
Criminal Law and Procedure 4DCA/1 Jul. 21, 2020
Wolf v. Weber
Trial court incorrectly granted defendant's motion for summary judgment because assumption of risk doctrine did not apply where ordinance required off leash dogs to be under owner's control.
Torts 1DCA/4 Jul. 21, 2020
Raysor v. DeSantis
Order
USSC Jul. 21, 2020
Barr v. Purkey
Order
USSC Jul. 21, 2020
Husayn v. U.S.
Order
9th Jul. 21, 2020
Amended Opinion: Fazaga v. Walls
Foreign Intelligence Surveillance Act displaces federal common law state secrets privilege; its procedures are to be used when party challenges legality of electronic surveillance.
Constitutional Law 9th Jul. 21, 2020
Jabbari v. Farmer
Courts may forego choice-of-law analysis in settlement-class predominance inquiry especially where class was unified by claim under federal law.
Civil Procedure 9th Jul. 21, 2020
Heineke v. Santa Clara University
Receipt of federal and state funds conditioned on compliance with anti-discrimination laws is insufficient to convert private conduct into state action.
Constitutional Law 9th Jul. 21, 2020
Robinson v. Lewis
A 120 day gap delay between denial of habeas petition in superior court and filing of new petition in Court of Appeal can never render claim that was otherwise presented without substantial delay untimely.
Criminal Law and Procedure CASC Jul. 21, 2020