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People v. Villatoro
Trial court may not initiate, nor can a district attorney implicitly concur with a trial court's initiation of infraction proceedings.
Criminal Law and Procedure 2DCA/5 Jan. 21, 2020
Lopez (Rico Ricardo) on H.C.
Order
CASC Jan. 17, 2020
Modification: People v. Windfield
Defendants' right to confrontation not violated when missing witness's previously recorded testimony is played at murder trial because state exercised due diligence.
Criminal Law and Procedure 4DCA/2 Jan. 17, 2020
Heimrich v. U.S. Dept. of the Army
Under 5 U.S.C. Section 7121, an employee may raise a 'matter' involving discrimination either through a statutory procedure or CBA procedure, but not both.
Civil Procedure 9th Jan. 17, 2020
Bearchild v. Cobban
Prison guards' 'need to use force' during patdown search should not be considered because inmates subjected to sexual assault during search alone violates 8th Amendment.
Criminal Law and Procedure 9th Jan. 17, 2020
United Educators of San Francisco v. California Unemployment Insurance Appeals Bd.
A school district's summer session is considered an academic term if its enrollment, staffing, and instruction resemble the district's other academic terms; non-summer-retained employees are thus eligible for unemployment benefits.
Employment Law CASC Jan. 17, 2020
People v. Humphrey
A trial court can correct an abstract of judgment for clerical errors post-conviction; such a correction does not 'recall' the original sentence and the underlying conviction remains final.
Criminal Law and Procedure 4DCA/1 Jan. 17, 2020
In re: Brigham A. Burton aka Kent Burton and Carly Rae Burton
Debtors filing chapter 13 bankruptcy petition are prohibited from funding their plans with marijuana business proceeds because the court would be involved in federally illegal activities.
Bankruptcy BAP Jan. 16, 2020
St. Myers v. Dignity Health
Revenue cycling servicer was not a joint-employer because its modicum degree of control over plaintiff's pay was insufficient.
Employment Law 3DCA Jan. 16, 2020
People v. Morales
Admission of interrogation video containing non-testifying law enforcement officer's inculpatory statements about the defendant did not violate the confrontation clause.
Evidence 4DCA/2 Jan. 16, 2020
Ellis v. Harrison
Order
9th Jan. 16, 2020
Menezes v. McDaniel
Awarding attorney fees and costs for services already performed or anticipated supports the goal of Family Code Section 271 in deterring parties non-compliance.
Remedies 4DCA/1 Jan. 16, 2020
People v. Verdugo
Penal Code Section 1170.95(c) permits the superior court to screen relief petitions prior to appointing counsel to ensure petitioner has made a prima facie showing that resentencing is warranted.
Criminal Law and Procedure 2DCA/7 Jan. 16, 2020
Rutledge v. Pharmaceutical Care Management
Order
USSC Jan. 15, 2020
Salinas v. Railroad Retirement Board
Order
USSC Jan. 15, 2020
Barr v. Political Consultants
Order
USSC Jan. 15, 2020
Ritzen Group, Inc. v. Jackson Masonry, LLC
A bankruptcy court's denial of motion for relief from an automatic stay under 11 U.S.C. Section 362(a) constitutes a final, immediately appealable order under 28 U.S.C. Section 158(a).
Bankruptcy USSC Jan. 15, 2020
Retirement Plans Commitee of IBM v. Jander
To state claim for breach of duty of prudence on basis of inside information, plaintiff must plausibly allege alternative action that defendant could have taken that would have been consistent with securities laws.
Securities USSC Jan. 15, 2020
Altayar v. Barr
An aggravated assault conviction under Arizona law involving a deadly weapon or dangerous instrument qualifies as a crime involving moral turpitude.
Immigration 9th Jan. 15, 2020
City of Huntington Beach v. Becerra
The California Values Act addresses a matter of statewide concern and thus preempts the City of Huntington Beach's constitutionally authorized power to manage the city police force.
Constitutional Law 4DCA/3 Jan. 14, 2020
Villarreal v. Gordon
DMV suspending drivers' licenses based on out-of-state DUI convictions is not sufficient to award attorney fees since benefit doesn't affect general public.
Remedies 2DCA/1 Jan. 14, 2020
Torres v. Barr
Order
9th Jan. 14, 2020
Amended Opinion: Lima v. Educational Credit Management Corp.
Nonprofit guaranty agency, which operates as intermediary between student-loan lender and U.S., was exempt from definition of 'debt collector' and thus not subject to violations of Fair Debt Collection Practices Act.
statutory_interpretation 9th Jan. 14, 2020
Jauregui-Cardenas v. Barr
Unlawful use of false document to conceal citizenship under California Penal Code Section 114 is not an aggravated felony or crime of moral turpitude under Immigration and Naturalization Act.
Immigration 9th Jan. 14, 2020
In Re: Williams-Sonoma Inc.
Seeking discovery of name of class member is not relevant within meaning of Federal Rule of Civil Procedure 26(b)(1); thus, district court clearly erred when it ordered the discovery in question.
Civil Procedure 9th Jan. 14, 2020
Blizzard Energy, Inc. v. Schaefers
Kansas Court of Appeals decision affirming jury's verdict against appellant moots his appeal based on res judicata principles.
Civil Procedure 2DCA/6 Jan. 14, 2020
People v. Parker
The Mentally Disordered Offender Act extends prisoners' custody time for good cause, by conducting inmates' mental health evaluations to prevent potential threats to public safety.
statutory_interpretation 2DCA/6 Jan. 14, 2020
In re M.B.
An analysis of restitution fines under Penal Code Section 1202.4 is inapplicable to restitution fines imposed in juvenile court under Welfare and Institutions Code Section 730.6.
Juveniles 2DCA/6 Jan. 14, 2020
Clearstream Banking S.A. v. Peterson
Order
USSC Jan. 14, 2020
Banca UBAE, S.P.A. v. Peterson
Order
USSC Jan. 14, 2020