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In re Approval of the Judicial Emergency Declared in the Eastern District of California
The Judicial Council report constitutes the findings of fact and conclusions of law justifying a declaration of judicial emergency.
Administrative Agencies 9th Apr. 20, 2020
U.S. v. Costanzo
Money laundering transactions where internet was used to transfer bitcoin to digital wallets of others affected interstate commerce.
Criminal Law and Procedure 9th Apr. 20, 2020
Anthony v. Trax International
Under Americans with Disabilities Act, after-acquired evidence is not prohibited to rebut plaintiff's allegation that she was 'qualified individual.'
Disability Discrimination 9th Apr. 20, 2020
In re Shelton
Board of Parole Hearings failed to give due consideration to relevant factors in evaluating petitioner's parole applications.
Criminal Law and Procedure 1DCA/2 Apr. 17, 2020
In re Austin J.
Courts have jurisdiction to make initial child custody determination if this state was 'home state' of the child within six months before commencement of proceeding.
Juveniles 2DCA/1 Apr. 17, 2020
People v. Broadbent
Firearm loaded with ammunition is part of 'indivisible course of conduct' under Penal Code Section 654 and thus, precludes defendant's multiple punishments.
Criminal Law and Procedure 3DCA Apr. 17, 2020
Modification: Anthony v. Li
Under Code of Civil Procedure Section 998, an offer to multiple defendants must be apportioned and not conditioned on acceptance by all of them.
Civil Procedure 1DCA/3 Apr. 16, 2020
People v. Dennis
In order to make special finding of premeditation based on natural and probable consequences theory, jury was required to find attempted 'premeditated' murder was natural and probable consequence of target crime.
Criminal Law and Procedure 4DCA/3 Apr. 16, 2020
Order Relating to Extension of Filing Deadlines
The order makes modifications on filing documents in light of the ongoing public health concerns relating to COVID-19.
Administrative Agencies USSC Apr. 16, 2020
People v. Matthews
Defendant's four one-year enhancement terms under former Penal Code Section 667.5(b) must be stricken but remainder of sentences imposed under plea agreements should be left intact.
Criminal Law and Procedure 1DCA/2 Apr. 16, 2020
Marriage of Mohler
Trial court erred in increasing community's interest in property under 'Moore/Marsden' to compensate community for appellant occupying property post-separation.
Family Law 4DCA/2 Apr. 15, 2020
Nuno v. California State University, Bakersfield
Trial court failed to provide clear and understandable instructions to self-represented plaintiff that setting another case management conference did not extend deadline for filing amended complaint.
Civil Procedure 5DCA Apr. 15, 2020
People v. Perlas
Parole revocation petition sufficiently alleged that the Department considered and rejected intermediate sanctions prior to seeking revocation and why intermediate sanctions were not appropriate.
Criminal Law and Procedure 1DCA/3 Apr. 15, 2020
Anthony v. Li
Under Code of Civil Procedure Section 998, an offer to multiple defendants must be apportioned and not conditioned on acceptance by all of them.
Civil Procedure 1DCA/3 Apr. 15, 2020
Modification: People v. Corrales
Trial court's stay-away order was stricken because trial court did not have authority to grant the order under Penal Code Section 136.2.
Criminal Law and Procedure 2DCA/8 Apr. 15, 2020
Amended Opinion: Padilla Cuenca v. Barr
8 U.S.C. Section 1231(a)(5), which empowers an immigration officer to reinstate a prior removal order, permanently bars reopening of the prior removal order under 8 U.S.C. Section 1229a(c)(7).
Immigration 9th Apr. 15, 2020
Zerezghi v. USCIS
Board of Immigration Appeals violated due process by not disclosing that it relied on plaintiff's former spouse's rental application in making its marriage-fraud finding.
Immigration 9th Apr. 15, 2020
Gilliam v. Levine
Trust does not lose all consumer disclosure protections when it seeks to finance repairs to personal residence for beneficiary, rather than for trustee.
Consumer Law 9th Apr. 15, 2020
In re Robert Edward Zuckerman
Issue preclusive effect of state court judgments may be basis for granting summary judgment in dischargeability proceeding in bankruptcy.
Bankruptcy BAP Apr. 14, 2020
In re Approval of the Judicial Emergency Declared in the Central District of California
The Judicial Council continued the judicial emergency declared by Chief District Judge Virginia A. Phillips for an additional one-year period.
Administrative Agencies 9th Apr. 14, 2020
Schreiber v. Lee
Management company was entitled to full settlement credit as to noneconomic damages after property owners settled because property owners bore imputed liability for management company's negligence.
Remedies 1DCA/1 Apr. 13, 2020
Amgen Inc. v. Health Care Services
Trial court abused its discretion in finding that pharmaceutical manufacturer's price increase notice was trade secret despite its disclosure to more than 170 registered purchasers.
Health Care 2DCA/1 Apr. 13, 2020
Sannmann v. Dept. of Justice
Trial court erred by ordering DOJ to release its hold on plaintiff's gun purchase based on set-aside order of his felony, because set-aside order was an unauthorized act.
Criminal Law and Procedure 4DCA/1 Apr. 13, 2020
Amended Opinion: People v. Williams
Defendant's motion to dismiss parole revocation was properly denied because defendant's convictions were for serious and violent felonies under Penal Code Section 3008.08.
Criminal Law and Procedure 4DCA/1 Apr. 13, 2020
People v. Maya
Conduct in custody can satisfy the 'honest and upright life' requirement of Penal Code Section 1203.4a(a).
Criminal Law and Procedure CASC Apr. 10, 2020
Modification: Wood v. Superior Court (CFG Jamacha LLC)
Trial court did not err by ordering production of email petitioner sent to Department of Fair Employment and Housing because petitioner did not establish basis for attorney-client relationship to invoke privilege.
Evidence 4DCA/1 Apr. 10, 2020
In re David C.
Juvenile court's order subjecting minor to electronics search condition was stricken because it failed reasonableness test under 'People v. Lent.'
Juveniles 1DCA/3 Apr. 10, 2020
Modification: In re David C.
Juvenile court's order subjecting minor to electronics search condition was stricken because it failed reasonableness test under 'People v. Lent.'
Juveniles 1DCA/3 Apr. 10, 2020
Lopez-Marroquin v. Barr
Court denies release of appellant under All Writs Act and citing COVID-19 concerns
Administrative Agencies 9th Apr. 10, 2020
In re Facebook Inc. Internet Tracking Litigation
Because plaintiffs' data was not in electronic storage, plaintiffs' claims for relief under Stored Communications Act were insufficient.
statutory_interpretation 9th Apr. 10, 2020