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Becerra v. Superior Court
Senate Bill 1421 amended the California Public Records Act to mandate disclosure of all law enforcement personnel records held by any public agency, including the California Department of Justice.
Government 1DCA/3 Feb. 3, 2020
Pacific Pioneer Ins. Co. v. Superior Court
Insurers may appeal default judgments in small claims court entered against their clients who failed to appear in court under Code of Civil Procedure Section 116.710.
Civil Procedure 4DCA/3 Feb. 3, 2020
People v. Cervantes
Felony murder rule under Senate Bill No. 1437 Section 1170.95 is not applicable to the crime of voluntary manslaughter when petitioning for re-sentencing.
Criminal Law and Procedure 2DCA/6 Feb. 3, 2020
In re Howerton
Under Penal Code Section 3051, defendant was not eligible for release on parole at youth offender parole hearing because he was previously entitled to parole consideration hearing pursuant to another statutory provision.
Criminal Law and Procedure 5DCA Feb. 3, 2020
People v. Winn
SB 136 allows imposition of one-year enhancement for prison prior term only if prior conviction is for a sexually violent offense; thus, defendant's five one-year prison terms were stricken.
Criminal Law and Procedure 6DCA Feb. 3, 2020
Jeppson v. Ley
Internet posts on community blog about feud between three neighbors did not transform otherwise private dispute into matter of 'public interest' protected by Anti-SLAPP statute.
Anti-SLAPP 2DCA/8 Feb. 3, 2020
Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc.
Petition to compel arbitration should have been granted because defendant was an intended beneficiary under the insurance policy which contained a binding arbitration clause.
Arbitration 3DCA Feb. 3, 2020
Vazquez v. County of Kern
Prisoner presented sufficient facts to establish violation of her right to bodily privacy when she alleged that officer looked at her inappropriately three or four times while she was showering.
Civil Rights 9th Feb. 3, 2020
Clark v. Chappell
Order
9th Feb. 3, 2020
People ex rel. Lacey v. Robles
Government Code Section 1099 precludes an individual from simultaneously serving as director of the Water Replenishment District of Southern California and as mayor of a WRD client city.
Government 2DCA/5 Jan. 31, 2020
Morales v. Sherman
A petition is not second or successive when there is an amended judgment and the petition is the first one following that amended judgment.
Criminal Law and Procedure 9th Jan. 31, 2020
Karasek v. Regents of the University of California
Under Title IX of the Education Amendments of 1972, liability attaches when a school's official policy is deliberately indifferent to sexual harassment in any context subject to the school's control.
Civil Rights 9th Jan. 31, 2020
People v. Hoyt
Capital defendant's showing that trial counsel was unqualified to try a capital case per the California Rules of Court was not enough to sustain an ineffective assistance of counsel claim.
Criminal Law and Procedure CASC Jan. 31, 2020
K.J. v. Los Angeles Unified School District
In notices of appeal, an omitted attorney must be included when it is reasonably clear that the attorney intended to join in the appeal, and respondent was not prejudiced by omission.
Civil Procedure CASC Jan. 31, 2020
Brome v. Cal. Highway Patrol
Officer was routinely denied backup assistance during enforcement stops due to his sexual orientation; thus, working conditions were so intolerable that reasonable employee would have been forced to resign.
Employment Discrimination 1DCA/5 Jan. 30, 2020
People v. Kerbs
Extension of a civil commitment under Penal Code Section 1026.5(b) must be buttressed by substantial evidence; conjectural testimony regarding an individual's future dangerousness cannot justify a commitment's extension.
Criminal Law and Procedure 1DCA/2 Jan. 30, 2020
Parsons v. Ryan
A coercive and compensatory contempt order is civil in nature and thus does not provide the same due process protections as a criminal contempt order.
Criminal Law and Procedure 9th Jan. 30, 2020
People v. Adams
'People v. Duenas's holding was in error; indigent defendants do not have a due process right entitling them to an ability-to-pay hearing prior to the court imposing fines and fees.
Criminal Law and Procedure 6DCA Jan. 30, 2020
Department of Homeland Security v. New York
Order
USSC Jan. 29, 2020
Thimon v. City of Newark
City was not liable for creating dangerous condition of public property when victim was hit by driver in crosswalk because there was no history of collisions involving pedestrians in 10 years.
Torts 1DCA/2 Jan. 29, 2020
Fenimore v. The Regents of the University of California
Lower court relied on incorrect dates when it denied plaintiff's motion to amend since complaint was filed within the statue-governed two year limitation.
Civil Procedure 2DCA/8 Jan. 29, 2020
People v. Vasquez
Substantial evidence supported trial court's implied finding that defendant acted with separate objective and intent when he stabbed victim than he did when he bit her; thus, multiple punishments were appropriate.
Criminal Law and Procedure 2DCA/5 Jan. 29, 2020
People v. Cota
Penal Code Section 954 prohibits dual convictions for assault under Section 245(a)(1) and (a)(4) because they are different statements of the same offense.
Criminal Law and Procedure 4DCA/3 Jan. 29, 2020
Modification: People v. Roles
A record affirmatively showing defendant acknowledged his right to a jury with extensive conversations with defense counsel is a knowing and intelligent waiver.
Criminal Law and Procedure 3DCA Jan. 29, 2020
Lopez-Aguilar v. Barr
Oregon Revised Statutes Section 164.395's robbery elements do not match the generic robbery offense elements; thus, petitioner's conviction was not an aggravated felony subjecting him to removal under the INA.
Immigration 9th Jan. 29, 2020
Davis v. U.S.
Order
USSC Jan. 28, 2020
In re J.M.
Welfare and Institutions Code Section 336.26(c)(4) allows the juvenile court to select a permanent plan under specified conditions without first finding a child adoptable.
Juveniles 6DCA Jan. 28, 2020
In re Q.R.
An electronic search condition is not unconstitutionally overbroad as applied to minor if the nature of minor's crimes is directly related to using electronic devices.
Juveniles 6DCA Jan. 28, 2020
The Democratic National Committee v. Hobbs
Arizona's criminalization of third-person ballot delivery and categorical disqualification of out-of-precinct ballots was racially motivated; thus, it violated Section 2 of the Voting Rights Act and the Fifteenth Amendment.
Civil Rights 9th Jan. 28, 2020
Hance v. Super Store Industries
Contracts which violate the canons of professional ethics of attorneys may for that reason be void.
Contracts 5DCA Jan. 27, 2020