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Zemek v. Superior Court
A court's denial of a Section 995 motion will be upheld if evidence shows either express malice or implied malice.
Criminal Law and Procedure 4DCA/2 Jan. 24, 2020
Roger v. County of Riverside
Government Claims Act prohibited respondent from using 'timeliness' defense in litigation because respondent failed to notify complainant of defect in claim as required.
Torts 4DCA/2 Jan. 24, 2020
Williams v. 21st Mortgage Corp.
A confirmed Chapter 13 Bankruptcy Plan is a new binding contract on creditors and debtors that prohibits creditors from obtaining previous default proceeds.
Bankruptcy 1DCA/4 Jan. 24, 2020
LAOSD Asbestos Cases
Appellants' documents in opposition to respondent's expert's conclusion that respondent's talcum powder did not contain asbestos did not have 'specific facts' necessary to raise triable issue of material fact.
Torts 2DCA/4 Jan. 24, 2020
Barefoot v. Jennings
Probate Code Sections 17200 and 17202 grant standing to a petitioner who seeks to invalidate trust amendments procured through fraud, if the challenge would render the petitioner a trust beneficiary.
probate_and_trusts CASC Jan. 24, 2020
People v. Leon
Although officers did not alert defendant to his right to have the Mexican consulate notified of his detention, defendant's statements were properly admitted because no prejudice flowed from the omission.
Criminal Law and Procedure CASC Jan. 24, 2020
People v. Partee
A witness's passive failure to testify in murder trial is not an overt act that would justify an 'accessory after the fact' to murder conviction.
Criminal Law and Procedure CASC Jan. 24, 2020
Lopez v. Barr
Order
9th Jan. 24, 2020
People v. Yanez
Admitting expert gang testimony directly relevant to motive is not an abuse of discretion unless its probative value is outweighed by the risk of prejudice.
Criminal Law and Procedure 4DCA/2 Jan. 23, 2020
Nolte Sheet Metal v. Occupational Safety and Health Appeals Bd.
Trial court properly used substantial evidence standard to deny writ of administrative mandate challenging ALJ's affirmation of Cal/OSHA citations.
Administrative Agencies 5DCA Jan. 23, 2020
Gamerberg v. 3000 E. 11th Street, LLC
An irrevocable license is not binding on a subsequent purchaser of land who takes without notice.
Real Property 2DCA/7 Jan. 23, 2020
People v. Robins
Even if every attempted *Estes* robbery is necessarily a completed crime, the crime of attempt still exists and may be punished under Penal Code Section 663.
Criminal Law and Procedure 4DCA/3 Jan. 23, 2020
In re Duval
Petitioner's relief granted in habeas corpus petition because state failed to respond to mandated show cause order, insisting 'a return was moot.'
Criminal Law and Procedure 4DCA/3 Jan. 23, 2020
Roberts v. City of Fairbanks
Vacatur-by-settlement does not categorically bar malicious prosecution claims under 42 U.S.C. Section 1983; the trial court's settlement approval and subsequent formal vacatur order may functionally invalidate the underlying conviction.
Civil Rights 9th Jan. 23, 2020
McKeever v. Barr
Order
USSC Jan. 22, 2020
Ford Motor Co. v. Montana Eighth District Court
Order
USSC Jan. 22, 2020
Ford Motor Co. v. Bandemer
Order
USSC Jan. 22, 2020
Little Sisters of the Poor v. Commonwealth of Pennsylvania
Order
USSC Jan. 22, 2020
Trump v. Commonwealth of Pennsylvania
Order
USSC Jan. 22, 2020
Chiafalo v. State of Washington
Order
USSC Jan. 22, 2020
Colorado Dept. of State v. Baca
Order
USSC Jan. 22, 2020
People v. Romero
A defendant is not relieved from liability for inflicting mayhem merely because the injury can be improved by medical intervention.
Criminal Law and Procedure 2DCA/2 Jan. 22, 2020
Amezcua v. L.A. County Civil Service Com.
Employee who was terminated during his extended probation was not entitled to administrative hearing before Civil Service Commission under Civil Service Rule 18.03 because he was not a permanent employee.
Administrative Agencies 2DCA/5 Jan. 22, 2020
Cook v. Kernan
Anti-Terrorism and Effective Death Penalty Act's procedural deference to state court fact-finding barred federal habeas petitioner's newly developed claim that his confession was coerced because interrogating officer pointed gun at petitioner's head.
Criminal Law and Procedure 9th Jan. 22, 2020
Techno Lite v. EMCOD LLC
Business and Professions Code Section 16600 invalidates any employment agreement that unreasonably interferes with employee's ability to compete with employer 'after' employment ends; thus appellants' promise not to compete was valid.
Business Law 2DCA/4 Jan. 22, 2020
L.F. v. Lake Washington School District
School District's 'Communication Plan' limiting communications between school employees and parents did not violate First Amendment because plan only restricted District's responses and not parents' speech.
Constitutional Law 9th Jan. 21, 2020
U.S. v. Soto-Barraza
'Dual criminality' requirement of Mexican extradition treaty does not require crimes to be identical if the criminalized acts are essentially the same and the countries' laws are substantially analogous.
Criminal Law and Procedure 9th Jan. 21, 2020
Tovar v. Zuchowski
USCIS's interpretation of 'accompanying, or following to join' in 8 U.S.C. Section 1101(a)(15)(U)(ii) is afforded Chevron deference; a derivative U-visa petition may be denied when spouses marry after initial filing.
Immigration 9th Jan. 21, 2020
Juliana v. U.S.
Plaintiffs' claim that United States government violated their right to an environment capable of sustaining human life was non-justiciable for lack of Article III standing.
Constitutional Law 9th Jan. 21, 2020
Courthouse News Service v. Planet
While press has a constitutionally qualified right to timely access newly filed civil complaints in court, it must be balanced and not impair court's interest in fair and orderly administration of justice.
Constitutional Law 9th Jan. 21, 2020