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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. 10, 2020
People v. Arce
Penal Code Section 190.2(a)(22) is not unconstitutionally vague because it defines 'activity' through reference to Section 186.22(f) and implicitly specifies necessary state of mind.
Criminal Law and Procedure 1DCA/1 Apr. 10, 2020
People v. The North River Insurance Co.
Failure to consider defendant's ability to pay under 'In re Humphrey' results in, at best, a voidable, not void, bail order.
Civil Procedure 2DCA/2 Apr. 10, 2020
Jennifer K. v. Shane K.
Domestic Violence Restraining Order correctly denied because punching refrigerator did not place appellant in reasonable apprehension of serious bodily harm.
Family Law 1DCA/2 Apr. 9, 2020
Ducksworth v. Tri-Modal Distribution Services
Staffing companies are not liable for harassment with which they were entirely uninvolved.
Employment Discrimination 2DCA/8 Apr. 9, 2020
Communities for a Better Environment v. South Coast Air Quality Management District
Agency's choice of using near-peak baseline was sound because it followed the practice of the federal Environmental Protection Agency.
Environmental Law 2DCA/8 Apr. 9, 2020
Tubbs v. Berkowitz
Successor trustee's power of appointment enabled him to act in non-fiduciary capacity, thus permitting him to transfer trust assets to himself.
probate_and_trusts 4DCA/3 Apr. 9, 2020
Stirling v. Minasian
JAG attorney was entitled to remove case to federal court as a 'person acting under' an officer of the United States.
Civil Procedure 9th Apr. 9, 2020
Galaza v. Wolf
Because plaintiff voluntarily dismissed remaining claims without district court participation, decision was not final for purposes of conferring jurisdiction under 28 U.S.C. Section 1291.
Civil Procedure 9th Apr. 9, 2020
Brooks v. AmeriHome Mortgage Company, LLC
A single representative claim under PAGA cannot be split into an arbitrable individual claim and a nonarbitrable representative claim.
Arbitration 2DCA/6 Apr. 9, 2020
Garcia v. Superior Court (People)
Petitioner's preliminary hearing was not held within 10-day period under Penal Code Section 859b, mandating dismissal of amended complaint against him.
Criminal Law and Procedure 2DCA/7 Apr. 9, 2020
Republican National Committee v. Democratic National Committee
The court decides on a Wisconsin lawsuit over absentee ballots during the COVID-19 pandemic.
Administrative Agencies USSC Apr. 8, 2020
In re J.H.
Restitution orders imposed in delinquency proceedings are not subject to 10-year enforcement period of Code of Civil Procedure Section 683.020.
Juveniles 3DCA Apr. 8, 2020
People v. Williams
Risk of recidivism provides a rational basis for differential treatment of violent felony sex offenders sentenced under the one-strike law.
Criminal Law and Procedure 4DCA/1 Apr. 8, 2020
Ruiz v. County of San Diego
Use of private land for public purposes alone was not enough to constitute implied acceptance of drainage easement.
Real Property 4DCA/1 Apr. 8, 2020
U.S. v. Dominguez
Defendant demonstrated substantial step toward committing robbery by arming himself, driving toward targeted warehouse, and turning around only when he knew that there was large police presence.
Criminal Law and Procedure 9th Apr. 8, 2020
Aleman Gonzalez v. Barr
District court correctly determined that plaintiffs were likely to succeed on their claim that 8 U.S.C. Section 1231(a)(6) requires government to provide plaintiffs with individualized bond hearing.
Immigration 9th Apr. 8, 2020
Flores Tejada v. Godfrey
Government is not required to provide immigration detainees with additional bond hearings every six-months following their initial hearing.
Immigration 9th Apr. 8, 2020
Kansas v. Glover
Investigative traffic stop made after running vehicle's license plate and learning that registered owner's driver's license has been revoked was reasonable.
Criminal Law and Procedure USSC Apr. 7, 2020
Babb v. Wilkie
A violation of ADEA Section 633a(a) does not require age to be a but-for cause of a personnel action.
statutory_interpretation USSC Apr. 7, 2020
Archdiocese of Washington v. Washington Metropolitan Area Transit Authority
Order
USSC Apr. 7, 2020
Halprin v. Davis
Order
USSC Apr. 7, 2020
VF Jeanswear LP v. Equal Employment Opportunity Commission
Order
USSC Apr. 7, 2020
Montrose Chemical Corp. of California v. Superior Court (Canadian Universal Insurance Co.)
Insured was entitled to access otherwise available coverage under any excess policy once it exhausted directly underlying excess policies for same policy period.
Insurance CASC Apr. 7, 2020
Coast Community College Dist. v. Commission on State Mandates
Minimum condition regulations imposed requirements on community college districts in connection with underlying programs legally compelled by the state.
Education 3DCA Apr. 7, 2020
Tarin v. Lind
California law does not recognize abduction or enticement of parent away from child resulting in alienation of affection.
Civil Procedure 2DCA/1 Apr. 7, 2020
Donkin v. Donkin
Trustees seeking instructions from probate proceedings in order to effectuate intent of trustor may represent themselves without engaging in unauthorized practice of law.
probate_and_trusts 2DCA/1 Apr. 7, 2020
Kelly v. House
Trial court erred in denying appellants attorney fees under Civil Code Section 1021.9 because appellants demonstrated concrete injury to real or personal property.
Remedies 1DCA/1 Apr. 6, 2020
Weimer v. Nationstar Mortgage, LLC
'Biakanja v. Irving' factors clearly weighed in favor of imposing duty of care on lenders who agree to renegotiating loan modifications.
Torts 3DCA Apr. 6, 2020
Early v. Becerra
Attorneys 'admitted to practice' are State Bar members regardless of their engagement in the 'actual' or 'active' practice of law.
statutory_interpretation 3DCA Apr. 6, 2020