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In re: Leiann Toni Fountain
Chapter 13 bankruptcy case properly dismissed after Debtor originally filed unsecured claims exceeding limits of Bankruptcy Code Section 109(e).
Bankruptcy BAP Mar. 30, 2020
In re: Javier Jimenez
Appellee had not shown that evidence of a scheme existed to warrant relief under 11 U.S.C. Section 362(d)(4).
Bankruptcy BAP Mar. 30, 2020
People v. Torres
Trial court erred in ruling defendant was ineligible for relief under SB 1437 on basis of jury's robbery murder special circumstances true findings.
Criminal Law and Procedure 2DCA/5 Mar. 30, 2020
People v. Wilkes
Differential treatment of youth offenders sentenced pursuant to Three Strikes Law for purposes of youth offender parole hearings does not violate equal protection.
Criminal Law and Procedure 1DCA/5 Mar. 30, 2020
People v. Medeiros
Penal Code Section 12022.6. does not permit repealing enhancements; rather it permits review of the amount of loss, as part of enhancement.
statutory_interpretation 1DCA/1 Mar. 30, 2020
Padilla v. Immigration and Customs Enforcement
Noncitizens who were detained after entering United States were likely to prevail on their due process claim.
Immigration 9th Mar. 30, 2020
May v. Ryan
Petitioner's lawyer did not render ineffective assistance by failing to object to resumption of jury deliberations after trial court declared mistrial.
Prisoners' Rights 9th Mar. 30, 2020
Berryman v. Wong
Reasonable jurists could conclude that admission of further mitigating evidence would not have led to reasonable probability of different sentence.
Criminal Law and Procedure 9th Mar. 30, 2020
In re C.P.
Absolute statutory bar to placement of child in grandparents' custody would be unconstitutional as to them if they establish on remand that they have parental relationship.
Dependency 4DCA/2 Mar. 30, 2020
J.M. v. W.T.
Trial court abused its discretion in denying plaintiff's request for continuance due to spinal surgery; thus, denial of protective order was reversed.
Family Law 2DCA/5 Mar. 27, 2020
People v. Orozco
Proposition 47's amendment to general statute that criminalizes receipt of stolen property does not extend to convictions for receiving stolen vehicle.
Criminal Law and Procedure CASC Mar. 27, 2020
People v. Wang
Heat of passion jury instruction that was erroneously omitted from murder trial was harmless error due to jury's premeditation finding.
Criminal Law and Procedure 2DCA/2 Mar. 26, 2020
In re D.S.
Juvenile court's finding that ICWA did not apply was proper because Agency's further inquiry and due diligence was 'proper and adequate.'
Dependency 4DCA/1 Mar. 26, 2020
Spencer v. Mowat
Tortious acts appellants were alleged to have conspired in did not involve protected speech or petitioning activity.
Anti-SLAPP 2DCA/5 Mar. 26, 2020
Reynaud v. Technicolor Creative Services USA
Jury could conclude if not for defendant's negligence, PERM application filed for plaintiff would probably have been approved and he would have obtained green card.
Torts 2DCA/2 Mar. 26, 2020
Lopez v. Ledesma
Agency relationship with supervising physician defines scope of physician assistant's license, for purposes of Civil Code Section 3333.2's damages limitation.
Remedies 2DCA/2 Mar. 26, 2020
Milam v. Harrington
District court erred by refusing to consider petitioner's mental impairment as cause of untimely filing of habeas petition simply because he was represented by counsel.
Prisoners' Rights 9th Mar. 26, 2020
Redgrave v. Ducey
9th Mar. 26, 2020
Modification: King and Gardiner Farms, LLC v. County of Kern
Mitigation measure for project's significant impacts to water supplies inappropriately deferred formulation of the measures and thus violated California Environmental Quality Act.
Environmental Law 5DCA Mar. 25, 2020
Modification: People v. Cota
Requiring probationer to surrender electronic devices to search at any time was burdensome and intrusive; thus a correspondingly substantial and particularized justification was required.
Criminal Law and Procedure 4DCA/1 Mar. 25, 2020
Modification: Siry Investment v. Farkhondehpour
Imposition of lesser sanctions is 'not an absolute prerequisite' to imposition of terminating sanctions for violation of court order.
Civil Procedure 2DCA/2 Mar. 25, 2020
City of Redondo Beach v. Padilla
Legislature did not provide clear intent that Voter Participation Rights Act applies to charter cities.
Constitutional Law 2DCA/7 Mar. 25, 2020
People v. Mitchell
Application of Evidence Code Section 1360 is not limited based upon the specific offenses enumerated in Section 1360(c).
statutory_interpretation 4DCA/2 Mar. 25, 2020
In re B.E.
Reunification bypass provision intended for parents who refuse to participate in court-ordered drug treatment program, not parents who relapse on road to recovery.
Dependency 4DCA/3 Mar. 25, 2020
City of Warren Police and Fire Retirement System v. Natera Inc.
Plaintiffs failed to allege a securities fraud cause action in violation of Section 11 of the Securities Act of 1993.
Securities 1DCA/2 Mar. 25, 2020
Uber Technologies Pricing Cases
Uber was exempt from Unfair Practices Act claim because California Public Utilities Commission had jurisdiction over it.
statutory_interpretation 1DCA/1 Mar. 25, 2020
Citizens for Responsible etc. v. Department of Transportation
Streets and Highways Code Section 103 did not exempt Caltrans from California Environmental Quality Act's requirements.
statutory_interpretation 4DCA/1 Mar. 25, 2020
Reeve v. Meleyco
Referral fee agreement between attorneys was unenforceable because the client did not provide written consent.
Contracts 3DCA Mar. 25, 2020
Tresona Multimedia v. Burbank High School Vocal Music Association
Defense of fair use applied due to limited and transformative nature of the use and work's nonprofit educational purposes.
Copyright 9th Mar. 25, 2020
Citizens For Free Speech v. County of Alameda
District court was correct in invoking abstention under 'Younger v. Harris' doctrine because abatement proceeding met required elements.
Civil Rights 9th Mar. 25, 2020