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Modification: People v. Mendoza
Border Patrol agents must have objectively reasonable suspicion to stop vehicles; stopping vehicles in known drug area based on agents 'good faith' hunch is insufficient.
Criminal Law and Procedure 4DCA/2 Feb. 20, 2020
Bridge Aina Le'a v. State of Hawaii Land Use Commission
Plaintiff did not establish taking pursuant to 'Penn Central' when state reverted land use classification from conditional urban use to agriculture use.
Constitutional Law 9th Feb. 20, 2020
Lateef v. City of Madera
Madera Municipal Code Section 10-3.1310(E) does not emphasize those voting, but rather the number of votes required to overturn the denial of an application for a use permit.
Municipal Law 5DCA Feb. 19, 2020
Marriage of Deluca
Payments are deductible from income available for support following a finding that the payment reasonably and legitimately reduces the spouse's net income available for support.
Family Law 4DCA/1 Feb. 18, 2020
In re E.F.
TROs issued at arraignments are not literally orders issued 'without notice' but are issued without notice in advance of the hearing and thus permitted.
Juveniles 2DCA/2 Feb. 18, 2020
Alliance for Constitutional v. Dept. of Corrections
Department of Corrections and Rehabilitation's categorical exclusion of all sex offenders from Proposition 57 parole consideration is inconsistent with the initiative's plain meaning; all non-violent offenders are eligible.
Criminal Law and Procedure 3DCA Feb. 18, 2020
Soto v. Union Pacific Railroad Co.
Defendant cannot be held liable for a dangerous condition of property it did not own or control even with expressed easement rights to the property.
Torts 2DCA/7 Feb. 18, 2020
Travelers Property Casualty Co. of America v. KLA-Tencor Corp.
Under insurance policy, malicious prosecution coverage involves legal proceedings; thus, objectively reasonable insured could not expect malicious prosecution coverage to extend to 'Walker Process' claims which arise from fraud on PTO.
Contracts 6DCA Feb. 18, 2020
People v. Marcus
Proposition 36 did not overrule the California Supreme Court's holding in 'People v. Hendrix' that the trial court has the discretion to sentence certain serious and violent felonies concurrently.
Criminal Law and Procedure 3DCA Feb. 18, 2020
Torres v. Design Group Facility Solutions, Inc.
A party unsuccessfully moving for summary judgment cannot then circumvent Code of Civil Procedure Section 437c requirements by subsequently moving for reconsideration under Section 1008(a).
Civil Procedure 2DCA/3 Feb. 18, 2020
Modification: People v. Villatoro
Trial court may not initiate, nor can a district attorney implicitly concur with a trial court's initiation of infraction proceedings.
Criminal Law and Procedure 2DCA/5 Feb. 18, 2020
Modification: Schmidt v. Superior Court
A constitutional finding of judicial gender bias warranting reversal on due process grounds is only appropriate when 'extreme facts' demonstrate a probability of actual bias.
Constitutional Law 2DCA/8 Feb. 18, 2020
Berroteran v. Superior Court (Ford Motor Company)
Order
CASC Feb. 14, 2020
Handoush v. Lease Finance Group
Order
CASC Feb. 14, 2020
Frlekin v. Apple Inc.
An employer's level of control over employees, not the mandatory nature of employees' activity, determines whether 'hours worked' are compensable under Wage Order 7.
Employment Law CASC Feb. 14, 2020
In re Gay
Because attorney allowed client to incriminate himself to district attorney, conducted minimal investigation, and otherwise deceived client, attorney's representation was deficient and defendant's subsequent verdict warranted reversal.
Criminal Law and Procedure CASC Feb. 14, 2020
Amended Opinion: Kirkpatrick v. Chappell
Although allowing jury to consider defendant's poisoning of dogs at penalty phase was error, jury still would have found that aggravating circumstances outweighed mitigating circumstances; thus, death sentence affirmed.
Criminal Law and Procedure 9th Feb. 14, 2020
U.S. v. Gagarin
A reasonable jury could have found defendant guilty of aggravated identity theft after she forged electronic signatures on a life insurance policy belonging to her cousin.
Criminal Law and Procedure 9th Feb. 14, 2020
Modification: People v. Johnson
A prosecutor's peremptory strike of three out of five black jurors coupled with launching a background check into another black juror is insufficient to sustain a Batson/Wheeler motion.
Constitutional Law CASC Feb. 14, 2020
Modification: People v. Beck and Cruz
Evidence was collectively sufficient to corroborate accomplice's testimony and to demonstrate that defendants were part of a conspiracy to kill the victims.
Criminal Law and Procedure CASC Feb. 14, 2020
In re: Maggie Liu
The continuation of the bankruptcy case carries with it a great potential for irreparable injury if immediate appeal is not allowed.
Bankruptcy BAP Feb. 13, 2020
George v. Shams-Shirazi
California Rules of Court 3.1702(b)'s filing deadline does not apply to postjudgment claims for attorney fees awarded under Family Code Section 271.
Civil Procedure 1DCA/1 Feb. 13, 2020
People v. Strike
Court engaged in impermissible judicial factfinding when it relied on defendant's charging document for facts not admitted to by defendant underlying his three strike conviction.
Criminal Law and Procedure 4DCA/3 Feb. 13, 2020
People v. Johnson
Proposition 57's requirement that the juvenile court find a minor fit for adult court transfer need not be waived personally by the accused; defense counsel may waive it alone.
Juveniles 4DCA/2 Feb. 13, 2020
Amended Opinion: Tovar v. Zuchowski
USCIS's interpretation of 'accompanying, or following to join' in 8 U.S.C. Section 1101(a)(15)(U)(ii) is afforded Chevron deference; a derivative U-visa petition may be denied when spouses marry after initial filing.
Immigration 9th Feb. 13, 2020
Parents For Privacy v. Barr
Fourteenth Amendment's Right to Privacy does not protect cisgender high school boys from changing clothes in same locker room with transgender boy prior to PE class.
Constitutional Law 9th Feb. 13, 2020
Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc.
Order
USSC Feb. 12, 2020
Modification: People v. Yanez
Admitting expert gang testimony directly relevant to motive is not an abuse of discretion unless its probative value is outweighed by the risk of prejudice.
4DCA/2 Feb. 12, 2020
Fowler v. City of Lafayette
Pursuant to Ralph M. Brown Act, litigation threats must be reduced to writing and included in agenda materials made available to public but because plaintiffs suffered no prejudice, judgment was affirmed.
Administrative Agencies 1DCA/4 Feb. 12, 2020
State Water Resources Control Bd. v. Baldwin & Sons, Inc.
An administrative agency charged with seeing that the laws are enforced may have and exercise powers of original inquiry.
Civil Procedure 4DCA/1 Feb. 12, 2020