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Bank Markazi v. Peterson
Order
USSC Jan. 14, 2020
Jefferson v. U.S.
Order
USSC Jan. 14, 2020
Bingener v. City of Los Angeles
'Going and coming rule' under respondeat superior theory prevented employer from being held vicariously liable when employee hit and killed pedestrian while driving to work in his personal vehicle.
Torts 2DCA/3 Jan. 13, 2020
People v. Harper
'Williamson rule' did not bar defendants convictions because general statute contemplated more culpable conduct than special statute.
Criminal Law and Procedure 1DCA/2 Jan. 13, 2020
Planned Parenthood v. U.S. Dept. of Health & Human Services
The 2018 Tier 1 Funding Opportunity Announcement that described criteria for grant selection under Teen Pregnancy Prevention Program was contrary to law.
Administrative Agencies 9th Jan. 13, 2020
Modification: People v. Blanchard
'In re Sade C.' determines if appeal from an incompetency finding and civil commitment is warranted where defense counsel asserts there are no arguable appellate issues.
Criminal Law and Procedure 1DCA/3 Jan. 10, 2020
Dignity Health v. Local Initiative Health Care Authority
Under Welfare and Institutions Code Section 14105.28, healthcare providers may only be reimbursed at state-set reimbursement rates after providing post-emergency stabilization treatment to Medi-Cal patients.
Health Care 2DCA/1 Jan. 10, 2020
Shayan v. Spine Care and Orthopedic Physicians
Where case tried on merits absent defendants may not avail themselves of statute that grants relief to clients of attorneys whose mistakes cause default judgments.
Civil Procedure 2DCA/8 Jan. 10, 2020
People v. Venegas
Courts have discretion to refuse to strike firearm enhancements based on the requesting party's criminal record or where there's no good cause to strike.
Evidence 2DCA/8 Jan. 9, 2020
In re L.W.
An issued three-year restraining order is a reasoned and reasonable response to minors being sexually assaulted at high school football game by delinquent.
Juveniles 2DCA/6 Jan. 9, 2020
People v. Cornelius
To file a petition for resentencing, a defendant must meet all three conditions under Penal Code Section 1170.95(a).
Criminal Law and Procedure 2DCA/6 Jan. 9, 2020
Warwick California Corp. v. Applied Underwriters
A Statement of Decision issued by the superior court is generally not a final judgment and thus not appealable; the losing party must wait until final judgment to appeal.
Civil Procedure 1DCA/4 Jan. 9, 2020
Serova v. Sony Music Entertainment
Appellants' challenged statements that Michael Jackson was the lead singer on three tracks of his posthumous album were sufficiently connected to an issue of public interest to warrant anti-SLAPP protection.
Anti-SLAPP 2DCA/2 Jan. 9, 2020
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. 9, 2020
O.C. v. Superior Court (Orange)
A state court's Special Immigrant Juvenile findings must reflect that the minor is found dependent under state law; an order that only cites to federal law is incomplete and insufficient.
Immigration 4DCA/3 Jan. 9, 2020
People v. Taylor
Victim being forced to move a few paces into an alleyway does not constitute 'asportation' for kidnapping to commit robbery purposes.
Criminal Law and Procedure 2DCA/8 Jan. 8, 2020
Andrew M. v. Superior Court (Contra Costa)
A Proposition 57 hearing not is considered a 'new trial' for defendant's juvenile murder conviction when sentence remanded to juvenile court because no adjudication.
Juveniles 1DCA/5 Jan. 8, 2020
People v. Lewis
A trial court may look into the prior appellate record to determine if a petitioner is eligible for re-sentencing of natural and probable consequences murder convictions abolished by SB 1437.
Criminal Law and Procedure 2DCA/1 Jan. 8, 2020
Bom v. Superior Court (Los Angeles)
Social worker nonfeasance in the face of a child's murder by his abusive parents does not support a charge of felony child abuse against a social worker under Penal Code 273a.
Criminal Law and Procedure 2DCA/1 Jan. 8, 2020
Park v. Barr
Lower court erred in interpreting 'domicile' when rejecting alien's naturalization application because 8 U.S.C. Section 1101 is the controlling authority.
Immigration 9th Jan. 8, 2020
Sachs v. Sachs
Transferor's contemporaneous record which kept track of amounts he distributed to beneficiaries satisfied requirements of Probate Code Section 21135.
probate_and_trusts 2DCA/6 Jan. 8, 2020
Dalessandro v. Mitchell
There is no requirement that a party meet and confer with an opposing party to alert the party to defects in discovery requests.
Civil Procedure 2DCA/8 Jan. 7, 2020
People v. Palomar
A reasonable jury could find defendant's act of threats and fatally knocking the victim down unconscious, satisfied the elements for implied malice murder.
Criminal Law and Procedure 2DCA/6 Jan. 7, 2020
Ridgeway v. Walmart
A putative class action case remains live as long as some plaintiffs continue to have an active dispute with the defendant; absent a dismissal, the case is not moot.
Constitutional Law 9th Jan. 7, 2020
U.S. ex rel. Volkhoff v. Janssen Pharmaceutica
Courts will grant nonparty appeals only if the nonparty participates in district court proceedings and the equities of the case favor hearing an appeal.
Civil Procedure 9th Jan. 6, 2020
Halyard Health, Inc. v. Kimberly-Clark Corporation
A claim must relate to the defendant's contact with the forum in order for a California court to exercise specific personal jurisdiction; mere sales volume is not enough.
Civil Procedure California Courts of Appeal Jan. 6, 2020
Brown v. USA Taekwondo
Order
CASC Jan. 6, 2020
Naranjo v. Spectrum Security Services
Order
CASC Jan. 6, 2020
U.S. v. Mayea-Pulido
Statute barring derivative citizenship from child under 18 unless both parents naturalize does not violate Equal Protection Clause.
Civil Procedure 9th Jan. 6, 2020
Safechuck v. MJJ Productions, Inc.
Plaintiffs may proceed with formerly lapsed sexual assault case against perpetrator's corporations because Penal Code Section 340 revived in 2020, extending victim's time to sue.
Civil Procedure 2DCA/8 Jan. 6, 2020