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Modification: ENA North Beach, Inc. v. 524 Union Street
Trial court erroneously granted motion for JNOV to reduce punitive damages rather than utilize Code of Civil Procedure Section 662.5, but affirmed reduction because plaintiff wished to avoid further litigation.
Civil Procedure 1DCA/2 Dec. 16, 2019
Physicians Committee for Responsible Medicine v. Los Angeles Unified School Dist.
Local school districts are not compelled to eliminate processed meats from school lunch offerings absent a clear and affirmative statutory duty to do so.
Education 4DCA/1 Dec. 13, 2019
People v. Clark
Because crime of human trafficking of minor is defined in two separate ways -- attempted act or completed act -- existence of actual minor is not required where defendant is charged with attempt.
Criminal Law and Procedure 4DCA/3 Dec. 13, 2019
ENA North Beach, Inc. v. 524 Union Street
Trial court erroneously granted motion for JNOV to reduce punitive damages rather than utilize Code of Civil Procedure Section 662.5, but affirmed reduction because plaintiff wished to avoid further litigation.
Civil Procedure 1DCA/2 Dec. 13, 2019
People v. Vivar
Defense counsel's failure to advise a client of a plea bargain's immigration consequences is non-prejudicial if evidence suggests the defendant agreed to the plea for an independent and unrelated reason.
Criminal Law and Procedure 4DCA/2 Dec. 13, 2019
Peter v. NantKwest, Inc.
Patent Act Section 145 specifies that expenses of proceedings shall be paid by applicant; but such expenses do not include salaries of attorney and paralegal employees of Patent and Trademark Office.
Patent Law USSC Dec. 12, 2019
People v. Royal
A six-year gap between an incident and a recorded recollection is generally too long to allow for the statement's admission under the past recollection recorded hearsay exception.
Evidence 4DCA/1 Dec. 12, 2019
Amended Opinion: Salazar v. McDonald's Corp.
Because franchisor did not retain control of day-to-day aspects of work at franchises, and merely asserted quality control, franchisor was not a joint employer of franchisee.
Employment Law 9th Dec. 12, 2019
Blight v. City of Manteca
Probable cause exists to search another person's home located on a larger property if there is reason to believe the defendant controls the entire parcel or criminality pervades the parcel.
Criminal Law and Procedure 9th Dec. 12, 2019
Qiu v. Barr
Agency's reasons for adverse credibility finding was not supported by substantial evidence; thus, petition for review of Board of Immigration Appeals' decision affirming denial of asylum granted.
Immigration 9th Dec. 12, 2019
Murphy v. SFBSC Management
District court erroneously applied presumption of fairness to settlement agreement and failed to investigate or adequately address numerous issues apparent in the settlement.
Civil Procedure 9th Dec. 12, 2019
Modification: People v. Chubbuck
A vehicle is defined by its potential to be driven on the highway; thus, a defendant who drove farm equipment capable of highway travel - even if not intended for it - cannot escape Vehicle Code Section 10851.
Criminal Law and Procedure 4DCA/2 Dec. 12, 2019
Rotkiske v. Klemm
Fair Debt Collection Practices Act statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered.
Civil Procedure USSC Dec. 11, 2019
Long Beach Unified School Dist. v. Margaret Williams, LLC
Anti-SLAPP motion properly granted by trial court due to cross-claims arising out of protected activity, and the challenged claims lacking legal sufficiency due to unconscionability of a disputed indemnity provision.
Anti-SLAPP 2DCA/4 Dec. 11, 2019
D.W. v. Superior Court (Los Angeles)
Proposition 57 did not relieve the People of their duty to make a prima facie showing that a juvenile actually committed the charged offense when seeking transfer to adult court.
Juveniles 2DCA/8 Dec. 11, 2019
Cuviello v. City of Vallejo
Although City's permit requirement for use of sound-amplifying devices furthered City's significant interests, it was not narrowly tailored because it covered substantially more speech than necessary to achieve those interests.
Constitutional Law 9th Dec. 11, 2019
People v. Howell
Senate Bill 1187 does not apply retroactively; defendants already committed to restore their competency to stand trial remain subject to a three-year maximum commitment, not the new two-year maximum commitment.
Criminal Law and Procedure 5DCA Dec. 11, 2019
City of Santa Maria v. Adam
Appellants' appeal of motion to clarify was not ripe because the issue would require speculation regarding hypothetical scenarios and appellants failed to show they faced hardship absent an immediate decision.
Civil Procedure 6DCA Dec. 11, 2019
Cooper v. U.S.
Order
USSC Dec. 10, 2019
Trump v. Deutsche Bank
Order
USSC Dec. 10, 2019
Lewis v. U.S.
Order
USSC Dec. 10, 2019
Carney v. Adams
Order
USSC Dec. 10, 2019
Barr v. Roane
Order
USSC Dec. 10, 2019
Schexnayder v. Vannoy
Order
USSC Dec. 10, 2019
Cottier v. U.S.
Order
USSC Dec. 10, 2019
Sturgell v. Dept. of Fish and Wildlife
A sale and transfer of Dungeness Crab Vessel permit approved by the Department of Fish and Wildlife rendered the appeal reinstating respondent's permit moot.
Environmental Law 1DCA/2 Dec. 10, 2019
In re J.A.
Appeal dismissed due to appellant's failure to appeal within 60-day period after juvenile court issued dependency order and terminated dependency, despite juvenile court's failure to advise mother of her appellate rights.
Civil Procedure 4DCA/2 Dec. 10, 2019
U.S. v. Kimbrew
Sufficient evidence supported defendant's conviction for bribery of a public official and defendant's argument that no 'official act' existed failed.
Criminal Law and Procedure 9th Dec. 10, 2019
U.S. v. Exxon Mobil Corp.
42 U.S.C. Section 7412 authorizes the U.S. Chemical Safety and Hazard Investigation Board to investigate not just an oil refinery's release of hazardous materials, but prospective damage as well.
Environmental Law 9th Dec. 10, 2019
Modification: Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Corporations can be held vicariously liable for causing brush fires under Health and Safety Code Sections 13009 and 13009.1; CalFire may recover fire suppression and investigation costs.
Torts 2DCA/6 Dec. 10, 2019