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St. Hubert v. United States
Order
USSC Jun. 9, 2020
Shrinivas Sugandhalaya v. Setty
Order
USSC Jun. 9, 2020
Vogel v. U.S.
Order
USSC Jun. 9, 2020
Niz-Chavez v. Barr
Order
USSC Jun. 9, 2020
People v. Bettasso
Vehicular manslaughter requires proof of elements not necessary to offense of murder; thus vehicular manslaughter is not lesser included offense of murder.
Criminal Law and Procedure 4DCA/2 Jun. 9, 2020
In re M.W.
Indian Child Welfare Act notice was not required because there was no reason to know the minor was an Indian child.
Native American Affairs 3DCA Jun. 9, 2020
People ex rel. Gascon v. HomeAdvisor, Inc.
Commercial speech that is inherently likely to deceive may be regulated because there is no First Amendment interest at stake.
Constitutional Law 1DCA/5 Jun. 9, 2020
In re Haden
'People v. Gallardo' does not apply retroactively to convictions that were final when 'Gallardo' was decided.
Criminal Law and Procedure 1DCA/4 Jun. 9, 2020
Tejeda v. Barr
Petitioner's plea agreement, charging document, and minute order were cognizable for modified categorical-approach purposes and established elements of his offense.
Immigration 9th Jun. 9, 2020
Modification: Delta Stewardship Council Cases
Delta Reform Act did not require Council to adopt, as legally enforceable regulations, performance measure targets to achieve certain objectives of the Act.
Environmental Law 3DCA Jun. 9, 2020
Williams v. Wilson
Order
USSC Jun. 8, 2020
Modification: Boermeester v. Carry
Fair procedure requires universities allow students in disciplinary sexual misconduct proceedings to cross-examine critical witnesses where credibility is an issue.
Civil Procedure 2DCA/8 Jun. 8, 2020
In re Scott
Sentencing court considering whether to impose increased sentence based on prior qualifying conviction may consider facts defendant admitted as factual basis for guilty plea.
Criminal Law and Procedure 4DCA/1 Jun. 8, 2020
Doe v. Marten
Plaintiff's medical malpractice claim was not time-barred because defendant's conduct actually and reasonably induced plaintiff to refrain from filing timely action.
Civil Procedure 1DCA/3 Jun. 8, 2020
People v. Ruiz
Immigration advisement that conviction 'may have' deportation consequences is not adequate for defendants charged with serious controlled substance offenses; defendants must be advised they 'will' be deported.
Criminal Law and Procedure 2DCA/6 Jun. 8, 2020
People v. Sanchez
Jury verdict of not guilty of murder did not preclude, on collateral estoppel grounds, second trial on assault on child causing death.
Criminal Law and Procedure 5DCA Jun. 5, 2020
Nicole G. v. Braithwaite
Domestic Violence Prevention Act authorizes ordering restrained parties to move out of property while protected party resumes residence.
Family Law 2DCA/8 Jun. 5, 2020
Risperdal and Invega Cases
State-law failure-to-warn claims concerning prescription drugs are preempted only where there is clear evidence that FDA would have rejected proposed label change.
Torts 2DCA/3 Jun. 5, 2020
National Family Farm Coalition v. U.S. Environmental Protection Agency
Substantial evidence did not support EPA's decision to grant registration for dicamba herbicides as required under Federal Insecticide, Fungicide, and Rodenticide Act.
Environmental Law 9th Jun. 5, 2020
Roy v. Barr
Petitioner failed to establish equal protection violation with respect to 8 U.S.C. Section 1432(a)(3), the applicable derivative-citizenship statute.
Immigration 9th Jun. 5, 2020
Rubinstein v. Fakheri
The fact that companies' corporate powers were suspended at time of assignment did not affect assignee's standing to sue.
Contracts 2DCA/2 Jun. 4, 2020
Jarboe v. Hanlees Auto Group
Company affiliation and relatedness of arbitrable claims alone do not establish third-party beneficiary relationships or compel application of equitable estoppel.
Arbitration 1DCA/3 Jun. 4, 2020
People v. Tarkington
If petitioner is ineligible for resentencing under Senate Bill No. 1437, their requested appointment of counsel is not required.
Criminal Law and Procedure 2DCA/3 Jun. 4, 2020
In re B.P.
Orders issued before dispositional order on Welfare and Institutions Code Section 342 petition are interlocutory and not appealable.
Dependency 2DCA/8 Jun. 4, 2020
Hernandez v. Dept. of Motor Vehicles
Under Vehicle Code Section 13365 DMV must receive express notification of violation of Misdemeanor Statute before suspending driver's licenses.
statutory_interpretation 1DCA/5 Jun. 4, 2020
N.L. v. Credit One Bank
Companies calling customers without consent with the intent to call previous consenting customers are not exempt from TCPA liability.
Consumer Law 9th Jun. 4, 2020
Brady v. AutoZone Stores
When class representative voluntarily settles his individual claims, he must do more than expressly leave class claims unresolved to avoid mootness.
Civil Procedure 9th Jun. 4, 2020
The California Gun Rights Foundation v. Superior Court (Dept. of Justice)
CPRA Section 6259 does not limit jurisdiction over CPRA dispute to superior court of county where disputed records are located.
Civil Procedure 2DCA/3 Jun. 3, 2020
McGee v. Torrance Unified School District
Completion of public works project moots challenges to validity of contracts under which project was carried out.
Civil Procedure 2DCA/8 Jun. 3, 2020
Owens v. City of Oakland Housing, Residential Rent
Single-family homeowner renting out rooms to multiple persons transforms single-unit dwelling into multi-unit dwelling; thus, that portion of home is not exempt from local rent regulations.
Real Property 1DCA/3 Jun. 3, 2020