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Hood v. Gonzales
An interpleader action allows a court to adjudicate competing claims to disputed settlement funds, not just merely supervise their dispersal; it is a proper substitute for arbitration.
Civil Procedure 4DCA/1 Dec. 10, 2019
People v. Ollo
Penal Code Section 12022.7 only requires a defendant be an actual cause of inflicting great bodily injury; one who supplies drugs to another can be liable for a subsequent overdose.
Criminal Law and Procedure 2DCA/2 Dec. 9, 2019
People v. Gonzalez
Trial court erred in admitting uncertified and unauthenticated records that prosecutor represented were printed from court's online records system as proof that appellant suffered a prior conviction.
Criminal Law and Procedure 1DCA/5 Dec. 9, 2019
People v. Bernal
Although trial court committed no error, appellate court remanded for trial court to exercise newly conferred discretion under Senate Bill 1393 to strike Penal Code Section 667(a) prior conviction enhancements.
Criminal Law and Procedure 6DCA Dec. 9, 2019
County of San Francisco v. USCIS
Order
9th Dec. 9, 2019
Bernstein v. LaBeouf
A defendant's celebrity status does not automatically convert his otherwise private conduct into a matter of public interest protected by the anti-SLAPP statute.
Anti-SLAPP 2DCA/3 Dec. 9, 2019
In re Adam H.
Juvenile court erroneously failed to consider Welfare and Institutions Code Section 361.2(a) in evaluating whether minor should be placed with his father.
Dependency 2DCA/5 Dec. 9, 2019
Garcia v. Rosenberg
Anti-SLAPP motion was properly granted because plaintiffs failed to comply with the applicable statute of limitations, so their action was time-barred and they would not prevail on the merits.
Anti-SLAPP 5DCA Dec. 6, 2019
Canyon View Ltd. v. Lakeview Loan Servicing, LLC
Mobilehome Residency Law addresses right of purchaser at MRL-regulated abandonment sale to take title free and clear of liens; thus, plaintiff's actions arose out of MRL and plaintiff was entitled to attorney fees.
Real Property 2DCA/1 Dec. 6, 2019
Fabian v. Renovate America, Inc.
Trial court did not err in denying defendant's petition to compel arbitration based on defendant's failure to prove that plaintiff electronically signed contract.
Arbitration 4DCA/1 Dec. 6, 2019
Narith S. v. Superior Court (Los Angeles)
Senate Bill 1391 is constitutional and consistent with Proposition 57's intent. The Legislature has the power to categorically exempt 14-and 15-year-old juveniles from transfer to adult court.
Constitutional Law 2DCA/3 Dec. 6, 2019
Ashmus v. Superior Court (San Mateo)
Trial court clearly erred in transferring habeas corpus petition to a court that was not 'the court which imposed the sentence' as Penal Code Section 1509 dictates.
Civil Procedure 1DCA/2 Dec. 6, 2019
U.S. v. Phattey
Citizenship revocation is not a civil penalty within the meaning of 28 U.S.C. Section 2462; denaturalization proceedings are not subject to Section 2462's five year statute-of-limitations.
Immigration 9th Dec. 6, 2019
People v. Guzman
Penal Code Section 632(d)'s exclusionary remedy was superseded by Proposition 8 and since reenactments of Section 632(d) were merely technical, they were insufficient to revive the exclusionary remedy.
Criminal Law and Procedure CASC Dec. 6, 2019
In re Milton
'People v. Gallardo's extension of 'Apperendi v. New Jersey' to prior strike determinations under California's three strikes law does not apply retroactively to convictions finalized on direct appeal.
Criminal Law and Procedure 2DCA/7 Dec. 5, 2019
In re I.I.
Welfare and Institutions Code Section 300(f) petition must be sustained even if there is no evidence that the minors currently at issue had been abused, neglected, or at risk of harm.
Juveniles 2DCA/1 Dec. 5, 2019
Gonzalez v. City of Los Angeles
City's provision of a hearing before the Board of Rights was the administrative appeal Government Code Section 3304(b) requires.
Government 2DCA/3 Dec. 5, 2019
People v. Medrano
Defendants were prejudiced by trial court's instruction on the now-invalid natural and probable consequences theory as it related to attempted murder, so defendants' convictions for attempted murder must be reversed.
Criminal Law and Procedure 5DCA Dec. 5, 2019
People v. Leelu
Appointment of a second mental health expert would not have affected the trial court's finding that defendant was not competent to stand trial.
Criminal Law and Procedure 6DCA Dec. 5, 2019
People v. Larios
The relief provided in Penal Code Section 1170.95 is limited to certain murder convictions and excludes all other convictions, including a conviction for attempted murder.
Criminal Law and Procedure 5DCA Dec. 5, 2019
Martinez v. City of Clovis
A police officer's verbal disparagement of a domestic violence victim foreseeably encourages the abuser to continue battering; it is now a clearly established constitutional violation in the 9th Circuit, but officer entitled to qualified immunity.
Civil Rights 9th Dec. 5, 2019
Soni v. SimpleLayers, Inc.
Arbitration award became binding because plaintiff failed to file his complaint within 30 days of service of the award, and defendants' petition to confirm the award should have been granted.
Arbitration 2DCA/5 Dec. 5, 2019
In re Schuster
Trial court erred in invalidating a California Department of Corrections and Rehabilitation emergency regulation that was not before the court and did not apply to petitioner.
Civil Rights 3DCA Dec. 4, 2019
Short v. Superior Court (Santa Clara)
Applying bar on successive prosecutions under Penal Code Section 654(a) would not promote judicial efficiency nor was it necessary to protect defendant from harassment.
Criminal Law and Procedure 6DCA Dec. 4, 2019
Mendocino Redwood Co., LLC v. County of Mendocino
Plaintiff was entitled to refund of tax payments it made pursuant to ordinance which imposed special tax on parcel owners within district for fire protection because plaintiff's parcels were not included in district.
Government 1DCA/2 Dec. 4, 2019
Assn. for Los Angeles Deputy Sheriffs v. County of Los Angeles
A public employee union need not exhaust administrative remedies before filing a lawsuit when the administrative process does not allow a class grievance on behalf of all represented employees.
Administrative Agencies 2DCA/2 Dec. 4, 2019
Slater v. Deasey
Order
9th Dec. 4, 2019
Painters and Allied Trades District Council 82 v. Takeda Pharmaceuticals
Plaintiffs satisfactorily alleged civil RICO standing in light of the proximate cause factors of 'Holmes v. Sec. Inv'r Prot. Corp.,' so the district court's dismissal of plaintiffs' RICO claims was erroneous.
Civil Procedure 9th Dec. 4, 2019
Lehman v. Nelson
The Electrical Workers Pacific Coast Pension Fund may only withhold union dues from workers specifically assigned to that fund; 'traveler' worker's withholdings must be transferred to their home pension fund.
Labor Law 9th Dec. 4, 2019
Fish v. Superior Court (San Diego)
Petitioner's disclosures to law enforcement that he was under the care of psychotherapist who had prescribed him medications were legally insufficient to waive his psychotherapist-patient privilege.
Evidence 4DCA/1 Dec. 3, 2019