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Pankey v. Petco Animal Supplies, Inc.
Only diseased animals displaying symptoms of illness are products subject to a products liability design defect claim.
Torts 4DCA/1 Jun. 25, 2020
People v. E.B.
Change of plea and dismissal of accusatory pleading under Penal Code Section 1203.4 is not the equivalent of vacation of conviction warranting relief under Section 851.91.
statutory_interpretation 6DCA Jun. 25, 2020
Oliver v. Konica Minolta Business Solutions U.S.A., Inc.
Triable issues existed regarding whether service technicians' commute in their personal vehicles constituted hours worked; thus, summary adjudication should not have been granted in defendant's favor.
Civil Procedure 6DCA Jun. 25, 2020
Masellis v. Law Office of Leslie F. Jensen
Applicable standard of proof in 'settle and sue' legal malpractice action is preponderance of the evidence and not an otherwise higher standard.
Attorneys 5DCA Jun. 24, 2020
In re Chad Paul Delannoy
Purchasing chapter 7 bankruptcy debtor's appeal rights does not guarantee victory in asserting the preclusive effect of the judgment.
Bankruptcy BAP Jun. 24, 2020
United States v. Magdirila
Police officers' failure to precisely comply with Inglewood Police Department towing policy when they failed to completely fill out inventory form did not render search invalid.
Criminal Law and Procedure 9th Jun. 24, 2020
Liu v. Securities and Exchange Commission
Disgorgement award that does not exceed a wrongdoer's net profits and is awarded for victims is equitable relief permissible under 15 U.S.C. Section 78u(d)(5).
Securities USSC Jun. 23, 2020
Kansas v. Boettger
Order
USSC Jun. 23, 2020
Stanford Vina Ranch Irrigation Co. v. State of California
State Water Resources Control Board has authority to regulate unreasonable use of water by adopting regulations establishing minimum flow requirements protecting migration of threatened fish species during drought conditions.
Administrative Agencies 3DCA Jun. 23, 2020
Airs Aromatics, LLC v. CBL Data Recovery Technologies Inc.
New York law was properly applied to the calculation of prejudgment interest based on choice-of-law provision in parties' agreement.
Civil Procedure 4DCA/1 Jun. 23, 2020
People v. Cotsirilos
In ordinary infraction case, prosecution is not required to oppose motion to suppress by filing opposition brief or appearing at suppression hearing.
Criminal Law and Procedure 4DCA/1 Jun. 23, 2020
Olabi v. Neutron Holdings, Inc.
Motion to compel arbitration was properly denied because parties' arbitration agreement broadly excluded PAGA actions.
Arbitration 1DCA/5 Jun. 23, 2020
Simmons v. Bauer Media Group USA, LLC
Anti-SLAPP statute cannot be invoked by a defendant whose assertedly protected activity is illegal as a matter of law.
Anti-SLAPP 2DCA/4 Jun. 23, 2020
Martinez v. San Diego County Credit Union
Denial of access to online information necessary for physical patronage was a sufficient nexus to establish Americans with Disabilities Act violation.
Disability Discrimination 4DCA/1 Jun. 23, 2020
Scott v. Arnold
'McDonough Power Equipment, Inc. v. Greenwood' which permits new trial where juror lies and hides fact during voir dire that would have permitted juror to be stricken for cause, accommodates prejudice analysis.
statutory_interpretation 9th Jun. 23, 2020
In re Nanette Marie Sisk
When there is no objection, bankruptcy plan need not include fixed duration because no express provision of Chapter 13 prohibits plans with estimated lengths.
Bankruptcy 9th Jun. 23, 2020
People v. Aguilera
DEA's refusal to produce potentially exculpatory evidence did not deprive defendants of fair trial because DEA was not working on behalf of prosecution and was not part of investigation.
Criminal Law and Procedure 4DCA/1 Jun. 22, 2020
Sandlin v. McLaughlin
Anti-SLAPP motion was not moot, public interest litigation exemption was inapplicable, and motion should have been granted.
Anti-SLAPP 4DCA/3 Jun. 22, 2020
In re J.M.
Parent's reformation efforts may overcome presumption that her son remaining in stable and potentially permanent foster home is in his best interests.
Dependency 2DCA/1 Jun. 22, 2020
People v. Chen
In order for use of deadly force to be justified as defense, intrusion must threaten death or serious bodily harm.
Criminal Law and Procedure 4DCA/2 Jun. 22, 2020
731 Market Street Owner, LLC v. City and County of San Francisco
Transfer of property subject to lease with remaining term of years was not a taxable 'change in ownership.'
statutory_interpretation 1DCA/3 Jun. 22, 2020
Trilogy Plumbing, Inc. v. Navigators Specialty Insurance Co.
Allegations challenged by anti-SLAPP motion did not include any statement made in connection with an issue under consideration by judicial body.
Anti-SLAPP 4DCA/3 Jun. 22, 2020
Conservatorship of Jose B.
Requirement under Lanterman-Petris-Short Act that trial must commence within 10 days of demand is directive, not mandatory.
Dependency 2DCA/7 Jun. 22, 2020
IMDB.com Inc. v. Screen Actors Guild-American Federation of Television and Radio Artists
Assembly Bill 1687 was facially unconstitutional because it did not consider less restrictive alternatives and was underinclusinve under First Amendment strict scrutiny analysis.
Civil Rights 9th Jun. 22, 2020
CitiMortgage v. Corte Madera Homeowners Association
Lender's mere offer to pay at a later time, after superpriority amount is determined, is not a valid tender.
Real Property 9th Jun. 22, 2020
Department of Homeland Security v. Regents of University of California
Department of Homeland Security's decision to rescind DACA was arbitrary and capricious under Administrative Procedure Act.
Immigration USSC Jun. 19, 2020
Modification: People v. Thompkins
Kill zone theory does not apply where defendant merely subjected persons near primary target to lethal risk.
Criminal Law and Procedure 1DCA/4 Jun. 19, 2020
People v. Reneaux
Senate Bill 1393 permitted defendant's case to be remanded for limited purpose of giving trial court the opportunity to consider striking prior serious felony enhancement.
Criminal Law and Procedure 3DCA Jun. 19, 2020
In re S.J.
Juvenile court erred in imposing Government Code and Vehicle Code penalties on juvenile because those penalties are inapplicable to juveniles adjudged ward of the court.
Juveniles 1DCA/5 Jun. 19, 2020
People v. Ramirez
Order
CASC Jun. 19, 2020