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Modification: Pott v. Lazarin
Civil Code Section 3344.1 prohibits only commercial speech and does not extend to solicitation of funds for advocacy.
Civil Procedure 6DCA May 22, 2020
People v. Valles
Courts have discretion to strike greater enhancements only when imposed enhancement was legally inapplicable or unsupported by evidence.
Criminal Law and Procedure 4DCA/2 May 21, 2020
Changsha Metro Group Co., Ltd. v. Xuefeng
Proper procedure to follow for plaintiff's attorneys' fees request for opposing anti-SLAPP motion was procedure set forth in Code of Civil Procedure Section 128.5 subdivision (a) and (c).
Anti-SLAPP 4DCA/2 May 21, 2020
Modification: In re D.B.
Father's violence, verbal abuse, racism, impulsivity, and lack of insight created substantial evidence that daughter faced substantial risk of serious emotional damage.
Dependency 2DCA/8 May 21, 2020
Lowery v. Kindren Healthcare Operating, Inc.
Trial court properly excluded expert witness because his declaration provided no explanation as to why he opined that defendant's alleged lack of untimely treatment caused decedent's death.
Evidence 1DCA/4 May 20, 2020
Carlsbad Police Officers Assn. v. City of Carlsbad
Trial court abused its discretion in conditioning intervention on interveners striking their request for attorney's fees because they intervened as of right.
Civil Procedure 4DCA/1 May 20, 2020
Six4Three, LLC v. Facebook, Inc.
No statutory provision, or 'sealing rules' authorizes appeal from order striking documents; thus, portion of court's order striking documents was not appealable.
Civil Procedure 1DCA/4 May 20, 2020
Willow Glen Trestle Conservancy v. City of San Jose
City's actions in connection with Streambed Alteration Agreement could not be construed as 'approval of project' requiring further environmental review under CEQA.
Environmental Law 6DCA May 20, 2020
Wexford Health v. Garrett
Order
USSC May 19, 2020
Beers v. Barr
Order
USSC May 19, 2020
Opati v. Republic of Sudan
Plaintiffs in federal causes of action under Section 28 U.S.C. 1605A(c) may seek punitive damages for preenactment conduct because Congress explicitly authorized it.
statutory_interpretation USSC May 19, 2020
People v. Smith
Courts may not defer to jury's pre-'Banks/Clark' factual findings when determining petitioner's eligibility for resentencing under Penal Code Section 1170.95.
Criminal Law and Procedure 2DCA/5 May 19, 2020
Younan v. Fleming Distribution Company
Defendant waived its right to arbitrate by its repeated choice to forego compelling arbitration in trial court, coupled with its full participation in Labor Commissioner proceedings.
Arbitration 1DCA/3 May 19, 2020
In re NCAA Athletic Grant-in-Aid CAP Antitrust Litigation
NCAA's rules that restricted education-related benefits were unlawful restraints of trade because there was no procompetitive justification and less restrictive alternatives were feasible.
Antitrust 9th May 19, 2020
Estate of Timothy W. Eimers
Where trust beneficiary creates will giving away his trust shares without specifically referring to power of appointment as required by trust, court may not amend will to include 'specific reference.'
probate_and_trusts 2DCA/8 May 19, 2020
Valentine v. Collier
Inmates in a Texas geriatric prison allege the facility failed to protect them from the dangers of COVID-19. The district court issued an injunction requiring the prison to follow an extensive safety protocol, and the Fifth Circuit stayed that injunction. Application to vacate stay is denied.
Administrative Agencies USSC May 18, 2020
Shuler v. Capital Agricultural Property Services, Inc.
Nonsettling tortfeasors were not entitled to contribution from settling tortfeasors but could only be credited amount paid by the settling tortfeasors.
Remedies 2DCA/6 May 18, 2020
In re Optical Disk Drive Products Antitrust Litigation
When class counsel secures appointment as interim lead counsel by proposing fee structure in competitive bidding process, that bid becomes starting point for determining reasonable fee.
Attorneys 9th May 18, 2020
Lona v. Barr
Petitioner not entitled to equitable tolling because she untimely failed to act with due diligence in raising errors.
Immigration 9th May 18, 2020
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc.
Claim preclusion generally does not bar claims predicated on events that postdate the filing of the initial complaint.
Civil Procedure USSC May 15, 2020
Modification: People v. Law
Defendant was not entitled to relief under Penal Code Section 1170.95 because he was a major participant and acted with reckless indifference to human life.
Criminal Law and Procedure 4DCA/2 May 15, 2020
Modification: El Rovia Mobile Home Park, LLC v. City of El Monte
Cities are entitled broad discretion in selecting the base year under rent control.
statutory_interpretation 2DCA/5 May 15, 2020
Zieve, Brodnax & Steele, LLP v. Dhindsa
Owner of unencumbered 25 percent interest in property was entitled to a proportionate share of surplus proceeds.
Real Property 5DCA May 15, 2020
Sosa v. CashCall, Inc.
Asking 'how many of consumers who received an offer were given a loan' was relevant to show whether lenders' offer was a 'firm offer.'
Consumer Law 4DCA/3 May 15, 2020
Nguyen v. Ford
Tolling provision no longer applied once plaintiff's former counsel filed notice to withdraw and plaintiff did not allege she was unaware.
Torts 6DCA May 15, 2020
In re K.T.
Substantial evidence did not support finding that non-offending Father needed to take parenting course in order to protect daughter.
Dependency 2DCA/1 May 15, 2020
People v. Seo
Trial court properly refused to instruct jury that possession of counterfeiting equipment requires an intent to defraud.
Criminal Law and Procedure 4DCA/3 May 14, 2020
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 May 14, 2020
VVA-TWO, LLC v. Impact Development Group, LLC
Arbitrator did not exceed his authority by awarding remedies reflected in the partial final award.
Arbitration 2DCA/1 May 14, 2020
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 May 14, 2020