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County of Santa Clara v. Workers' Comp. Appeals Bd.
Permanent disability should have been apportioned between industrial and nonindustrial causes because of respondent's preexisting pathology.
Workers' Compensation 6DCA May 29, 2020
People v. Miles
Officer summarizing suspect descriptions as similar or possibly matching in affidavit were not intentionally made false statements to obtain warrant.
Criminal Law and Procedure CASC May 29, 2020
National Lawyers Guild v. City of Hayward
City could not charge plaintiff for time spent deleting exempt data from video because that did not constitute data 'extraction' under California Public Records Act Section 6253.9(b)(2).
statutory_interpretation CASC May 29, 2020
Mosley v. Pacific Specialty Insurance Co.
An insured increases a hazard within its control only if the insured is aware of the hazard or it is reasonably discoverable.
Contracts 4DCA/2 May 28, 2020
In re Samantha H.
It is not required in adoption proceedings to inquire whether a willing adoptive parent was first advised but rejected guardianship.
Dependency 2DCA/8 May 28, 2020
In re Smith
'McCoy v. Louisiana' did not apply because defendant did not make an express intent to maintain innocence when counsel informed him about his defense strategy.
Criminal Law and Procedure 4DCA/2 May 28, 2020
People v. Machuca
Conviction for driving under the influence causing bodily injury was not lesser included offense of gross vehicular manslaughter because offenses involved different victims.
Criminal Law and Procedure 5DCA May 28, 2020
Dorit v. Noe
MFAA proceedings qualify as 'official proceedings' and therefore cannot support malicious prosecution claim under anti-SLAPP statute.
Anti-SLAPP 1DCA/4 May 28, 2020
People v. Smith
Revocation of a Sexually Violent Predator's conditional release is indicative of public safety risks thus rendering him ineligible for unconditional discharge.
statutory_interpretation 1DCA/5 May 28, 2020
Third Laguna Hills Mutual v. Joslin
Anti-SLAPP statue's application to an initiated lawsuit does not necessarily mean its causes of action arose from protected activity.
Anti-SLAPP 4DCA/3 May 28, 2020
U.S. v. Grey
Administrative warrants cannot be used as vehicles to perform searches and seizures for pending criminal cases.
Criminal Law and Procedure 9th May 28, 2020
Stand Up For California! v. U.S. Dept. of the Interior
Agency was required to conduct Environmental Impact Statement because Indian Gaming Regulatory Act did not foreclose consideration of other federal law.
Environmental Law 9th May 28, 2020
Dees v. County of San Diego
No Fourteenth Amendment violation when social worker conducted interview with child at school, because parent never actually lost control over child.
Constitutional Law 9th May 28, 2020
Club One Casino v. Bernhardt
Tribe's jurisdiction over parcel operated as a matter of law and tribe clearly exercised governmental power by entering into agreements with local governments.
Constitutional Law 9th May 28, 2020
People v. Palmer
Defense counsel's concession of client's guilt to jury was deemed constitutional because defendant did not expressly state his desire to assert his innocence.
Criminal Law and Procedure 4DCA/1 May 27, 2020
People v. Lee
Appellant's resentencing petition was properly denied because his murder conviction was based on provocative act doctrine and not felony murder.
Criminal Law and Procedure 2DCA/1 May 27, 2020
Salari v. Superior Court (People)
A party does not impliedly waive right to timely filing of information by agreeing to later arraignment.
Criminal Law and Procedure 2DCA/8 May 27, 2020
SLPR, L.L.C. v. San Diego Unified Port District
Plaintiffs' claims were barred because overwhelming extrinsic evidence clarified previous judgment fixing boundaries between private and public lands.
Real Property 4DCA/1 May 27, 2020
People v. Braum
Double Jeopardy Clause protects only against multiple criminal punishments in successive proceedings for same offense.
Criminal Law and Procedure 2DCA/5 May 27, 2020
Lindsey v. U.S.
Order
USSC May 27, 2020
South Bay United Pentecostal Church v. Gavin Newsom
In evaluating a motion for an injunction pending appeal, we consider whether the moving party has demonstrated that they are likely to succeed on the merits, that they are likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in their favor, and that an injunction is in the public interest.
Administrative Agencies 9th May 27, 2020
Oakland Bulk & Oversized Terminal LLC v. City of Oakland
City was in breach of contract because it lacked substantial evidence that proposed coal operations posed substantial health or safety danger.
Contracts 9th May 27, 2020
County of San Mateo v. Chevron Corp.
Defendants could not invoke federal-officer removal statute because they failed to show they were acting 'under color of federal office.'
Civil Procedure 9th May 27, 2020
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 May 27, 2020
Conservatorship of J.Y.
Lanterman-Petris-Short Act conservatees are similarly situated to to persons found not guilty by reason of insanity with respect to right against compelled testimony.
Conservatorship 1DCA/2 May 26, 2020
Betancourt v. OS Restaurant Services, LLC
Plaintiff was not entitled to attorney fees because her claims were based solely on nonprovision of meal or rest periods.
Remedies 2DCA/8 May 26, 2020
In re E.E.
Dependency jurisdiction does not require actual neglect; rather there must be a 'substantial risk' that the child will be neglected.
Dependency 4DCA/2 May 26, 2020
People v. Bonilla-Bray
Under Assembly Bill 865 defendant should have been provided resentencing hearing in which court takes into account mitigating factors related to military service.
statutory_interpretation 2DCA/3 May 26, 2020
U.S. v. Dade
The 9th Circuit decides if the appellant should be released from detention due to the risks of COVID-19. The motion for release on bail pending approval is denied. Berzon dissents.
Administrative Agencies 9th May 26, 2020
Cooper v. Tokyo Electric Power Company
International comity doctrine factors weighed in favor of dismissing lawsuit because Japanese law applied and Japan had a stronger interest.
International Law 9th May 26, 2020