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MSY Trading Inc. v. Saleen Automotive, Inc.
When judgment creditor attempts to add party to breach of contract judgment that includes contractual fee award, suit is essentially 'on the contract' for purposes of Civil Code Section 1717.
Attorneys 4DCA/3 Jul. 2, 2020
County of Fresno v. Fresno Deputy Sheriff's Assn.
Sheriff's Department properly reassigned deputies based on the County's 'sole and exclusive right' to reassign employees for reasons considered legitimate.
Contracts 5DCA Jul. 2, 2020
Steuer v. Franchise Tax Board
Entire amount of trust income derived from California sources may be taxed regardless of trust fiduciaries' residency.
Tax 1DCA/3 Jul. 2, 2020
Howard Jarvis Taxpayers Assn. v. Bay Area Toll Authority
Respondent did not enact the toll increase; it implemented the toll increase the Legislature enacted.
Civil Procedure 1DCA/2 Jul. 2, 2020
People v. Campbell
Pandering statue, which omits the definition of 'procure,' is not unconstitutionally vague; the term has been defined in case law.
Criminal Law and Procedure 3DCA Jul. 2, 2020
Cundall v. Mitchell-Clyde
Alternative statutory revocation method is available under Probate Code Section 15401 for trusts instruments without an explicitly stated, exclusive revocation method.
statutory_interpretation 2DCA/2 Jul. 2, 2020
Adams v. Bank of America
Merely securing a loan on or listing property as an address does not satisfy Civil Code Section 2924.15's 'principal residence' requirement.
Civil Procedure 1DCA/3 Jul. 2, 2020
Webster v. Superior Court (People)
Defendants subject to incarceration for probation violations satisfy the 'subject to incarceration' requirement under Rule 8.851 of California Rules of Court.
statutory_interpretation 4DCA/2 Jul. 2, 2020
Walker v. Superior Court (People)
When Sexually Violent Predator Act directs court to 'review the petition' in determining probable cause, it establishes hearsay exception, allowing consideration of expert evaluations on which petition necessarily depends.
Criminal Law and Procedure 1DCA/4 Jul. 2, 2020
City and County of San Francisco v. All Persons Interested in the Matter of Proposition C
Proposition 13's supermajority vote requirements coexist with, and do not displace, the people's power of enactment by majority vote.
Constitutional Law 1DCA/4 Jul. 2, 2020
Roche v. Hyde
Trial court correctly denied defendants' anti-SLAPP motions because plaintiff made sufficient showing that he was likely to succeed on merits of malicious prosecution claim.
Anti-SLAPP 1DCA/4 Jul. 2, 2020
In re Chavez
California Department of Corrections and Rehabilitation's regulation excluding sex offenders from early parole consideration is inconsistent with California Constitution Article I Section 32.
Criminal Law and Procedure 6DCA Jul. 2, 2020
Alford v. County of Los Angeles
An agency must not add confusing information to required notice that could mislead affected parties about the timing for seeking judicial review.
Civil Procedure 2DCA/8 Jul. 2, 2020
Modification: Fadeeff v. State Farm General Insurance Co.
Under 'genuine dispute' rule, in context of bad faith claims, summary judgment is only appropriate where basis for insurer's denial is indisputably reasonable.
Civil Procedure 1DCA/2 Jul. 2, 2020
Honchariw v. County of Stanislaus
Misinterpretation claims are distinct and accrue at a different time from claims challenging the validity of a condition of approval.
Civil Procedure 5DCA Jul. 1, 2020
People v. Castellanos
Defendant's probation condition requiring search of electronics was reasonable because cell phones are frequently used in transporting drugs and defendant was arrested for transportation of drugs.
Criminal Law and Procedure 6DCA Jul. 1, 2020
Espinoza v. Montana Dept. of Revenue
Montana's no-aid provision barring religious schools from public benefits solely because of religious status discriminated against religious schools and those wishing to attend them in violation of Free Exercise Clause.
Constitutional Law USSC Jul. 1, 2020
Patent and Trademark Office v. Booking.com B. V.
Whether any term styled 'generic.com' term is generic, depends on whether consumers perceive that term as the name of a class.
Intellectual Property USSC Jul. 1, 2020
McCord v. Smith
Credibility determinations are the province of the trial court when determining whether substantial evidence supports issuance of a restraining order.
Family Law 4DCA/3 Jul. 1, 2020
Eghtesad v. State Farm General Insurance Company
Denial of leave to amend constitutes an abuse of discretion, unless the complaint on its face is incapable of amendment.
Civil Procedure 1DCA/2 Jul. 1, 2020
Yost v. Forestiere
Trial court's order denying grandfather's request for modification of stay away order was 'not an exercise of informed discretion and is subject to reversal.'
Civil Procedure 5DCA Jul. 1, 2020
In re Marriage of Carolyn Mullonkal and Sithaj Kodiyamplakkil
Community should be reimbursed for community expenditures made during marriage towards wife's education loans even though wife paid for all expenses during marriage because otherwise, wife would receive windfall.
Family Law 3DCA Jul. 1, 2020
John Doe v. The Regents of the University of California
A lawsuit that forces an entity to follow its own rules can confer a significant benefit for attorney fees purposes under Code of Civil Procedure Section 1021.5.
Civil Procedure 2DCA/6 Jul. 1, 2020
People v. Lopez
Senate Bill No. 1437 did not unconstitutionally amend Proposition 7, but created a postjudgment procedure for obtaining relief from felony-murder convictions.
Constitutional Law 2DCA/2 Jul. 1, 2020
Hill RHF Housing Partners, L.P. v. City of Los Angeles
Appellants were required to exhaust their administrative remedies before seeking judicial intervention and failed to do so.
Civil Procedure 2DCA/1 Jul. 1, 2020
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. 1, 2020
David v. Queen of the Valley Medical Center
Defendant's meal and rest period policies complied with California law; thus, judgment was affirmed.
Labor Law 1DCA/5 Jul. 1, 2020
Barnes v. Routh Crabtree Olsen
If plaintiff is simply initiating foreclosure proceedings, without attempting to collect remainder of debt through deficiency judgment, Fair Debt Collection Practices Act does not apply.
statutory_interpretation 9th Jul. 1, 2020
People v. Ruiz
Prosecution cannot prove 'corpus delicti' by relying exclusively on extrajudicial statements, confessions, or admissions of defendant because independent evidence showing harm is required.
Criminal Law and Procedure 1DCA/2 Jul. 1, 2020
Wittenberg v. Bornstein
Parties cannot by negligence or design withhold issues or defenses and litigate them in successive actions in order to submit cases in piecemeal fashion.
Civil Procedure 1DCA/3 Jul. 1, 2020