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Coalition for an Equitable Westlake/Macarthur Park v. City of Los Angeles
Plaintiff's California Environmental Quality Act claims were barred because they were filed more than 30 days after Notice of Determination.
Environmental Law 2DCA/5 Apr. 6, 2020
In re A.M.
Riverside County Department of Public Social Services did not fail to comply with notice and inquiry requirements of Indian Child Welfare Act.
Dependency 4DCA/2 Apr. 6, 2020
In Re Approval of the Judicial Emergency Declared in the Southern District of California
The Judicial Council agreed to continue the judicial emergency declared by Chief Judge Larry A. Bums for an additional one-year period.
Administrative Agencies 9th Apr. 6, 2020
People v. Fayed
Defendant's statements incriminating him in murder while in federal custody for unrelated money charge were admissible because he was not yet charged with murder.
Criminal Law and Procedure CASC Apr. 3, 2020
Rockefeller Technology v. Changzhou SinoType Technology
Hague Service Convention did not apply because parties' agreement constituted waiver of formal service of process under California law.
Civil Procedure CASC Apr. 3, 2020
Ford v. City of Los Angeles
Plaintiff's argument that defendant's application for federal funds to improve safety of intersection was not covered by Section 409's privilege was inconsistent with its legislative intent.
Evidence 2DCA/8 Apr. 3, 2020
Mountainlands Conservancy, LLC v. California Coastal Commission
California Coastal Commission certification of local coastal program for Santa Monica Mountains conformed with Public Resources Code Section 30242 because land was unsuitable for agriculture.
Environmental Law 2DCA/8 Apr. 3, 2020
Dennison v. Rosland Capital LLC
Form arbitration clause was unconscionable because contract was adhesive, contained numerous unfair and one-sided provisions, and limited defendants' liability.
Arbitration 2DCA/8 Apr. 3, 2020
McPherson v. EF Intercultural Foundation, Inc.
Trial court erred in ruling that that Labor Code Section 227.3 applied to a non-California resident.
Labor Law 2DCA/3 Apr. 3, 2020
People v. Sepulveda
Trial court, in its discretion, may determine whether testimony or other forms of evidence will suffice for 'People v. Franklin' hearing.
Criminal Law and Procedure 2DCA/7 Apr. 3, 2020
Smith v. Loanme
Order
CASC Apr. 3, 2020
Peters v. Barr
Regulation 8 C.F.R. Section 1245.1(d)(2) is invalid to the extent it excludes reasonable reliance on the assistance of counsel from 8 U.S.C. Section 1255(c)(2).
Immigration 9th Apr. 3, 2020
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 Apr. 2, 2020
People v. Bell
Trial court properly struck defendants' jeopardy pleas because deduction of wrongful prosecutorial intent could not logically and reasonably be drawn from evidence.
Criminal Law and Procedure 5DCA Apr. 2, 2020
Modification: People v. Henderson
Penal Code Section 1387's purpose is to prohibit the refiling and pursuit of previously-dismissed charges, not convictions once charges are already brought.
Criminal Law and Procedure 4DCA/1 Apr. 1, 2020
People v. Mariscal
Jury erroneously instructed on kill zone theory but error was harmless beyond reasonable doubt because undisputed evidence showed defendant intentionally killed.
Criminal Law and Procedure 2DCA/5 Apr. 1, 2020
VIP Products v. Jack Daniel's Properties
District court erred in finding trademark infringement without first requiring appellee to satisfy one of two 'Rogers v. Grimaldi' prongs because artistic expression was at issue.
Intellectual Property 9th Apr. 1, 2020
CITGO Asphalt Refining Co. v. Frescati Shipping Co.
Plain language of parties' safe-berth clause established a warranty of safety.
Contracts USSC Mar. 31, 2020
Charter Communications Inc. v. National Assn. of African American-Owned Media
Order
USSC Mar. 31, 2020
Angeles v. Barr
Order
USSC Mar. 31, 2020
Londono-Gonzalez v. Barr
Order
USSC Mar. 31, 2020
Brownback v. King
Order
USSC Mar. 31, 2020
Curcio v. Pels
Appellant's Facebook post, expressing opinions of appellee, did not rise to disturbing someone's peace under Domestic Violence Prevention Act to justify issued restraining order.
Family Law 2DCA/3 Mar. 31, 2020
People v. Cowan
Sentencing court must allow defendants facing imposition of minimum restitution fine or assessments to present evidence and argument why these financial exactions exceed his ability to pay.
Criminal Law and Procedure California Courts of Appeal Mar. 31, 2020
Zolly v. City of Oakland
Franchise fee may constitute a tax subject to article XIII C to the extent it is not reasonably related to the value received from the government.
Constitutional Law 1DCA/1 Mar. 31, 2020
Dougherty v. Roseville Heritage Partners
Trial court properly found arbitration agreement between parties was both procedurally and substantively unconscionable.
Arbitration 3DCA Mar. 31, 2020
Marriage of Everard
Mutual protective order properly granted because sufficient evidence proved history of physical violence.
Family Law 4DCA/1 Mar. 31, 2020
Lewis v. Liberty Mutual Insurance Co.
The provisions of the insurance contract that bind the insured will also bind a third-party judgment creditor.
Civil Procedure 9th Mar. 31, 2020
Colbert v. Haynes
Removal of victim-restitution condition from sentencing judgment did not create new, intervening judgment; thus, habeas petition was a second or successive petition.
Criminal Law and Procedure 9th Mar. 31, 2020
In re: Jesslyn Renee Anderson
For purposes of homestead exemption, debtor's intent to continue to reside in residence was not required if she occupied property as of petition date.
Bankruptcy BAP Mar. 30, 2020