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Tesoro Refining v. L.A. Regional Water Quality Control Bd.
Substantial evidence supported trial court's denial of plaintiff's writ of mandate challenging Regional Water Quality Control Board's cleanup and abatement order.
Water Rights 2DCA/3 Nov. 27, 2019
People v. Drayton
Substantial evidence supported verdict convicting defendant of assault by means of force likely to cause great bodily injury after defendant bear-hugged his ex-girlfriend and held her over train tracks as train approached.
Criminal Law and Procedure 1DCA/5 Nov. 27, 2019
City of Anaheim v. Bosler
Petitioners did not provide authority suggesting an extracontractual duty owed by the abolished Anaheim Redevelopment Agency to City of Anaheim employees for payment of retirement costs, so petitioners' claims failed.
Government 3DCA Nov. 27, 2019
Kanovsky v. At Your Door Self Storage
Trial court properly granted defendant's motion for summary judgment because plaintiffs contracted to accept risk, elected to be self-insured and then retroactively demanded to be paid for water damage.
Insurance 2DCA/8 Nov. 27, 2019
Marriage of Pasco
Trial court abused its discretion by basing its decision on appellant's request for an order solely on argument of counsel and respondent's unsworn statements in response to court's questions.
Family Law 3DCA Nov. 27, 2019
O&C Creditors Group, LLC v. Stephens & Stephens XII, LLC
California's Anti-SLAPP statute protects the dispersal of settlement funds pursuant to active litigation; a lienhold challenger must demonstrate a likelihood of success on the merits to overcome an Anti-SLAPP motion
Anti-SLAPP 1DCA/4 Nov. 27, 2019
People v. Salcido
The Immigration Consultant Act was not preempted by Department of Homeland Security regulations 8 C.F.R. Sections 1.1, 1.2, and 292.1 (2018) as to defendant.
Immigration 4DCA/2 Nov. 27, 2019
Makekau v. State of Hawaii
A plaintiff who obtains a preliminary injunction under the All Writs Act is not a "prevailing party" for fee-shifting purposes when the injunction omits reference to the claim's merits.
Civil Rights 9th Nov. 27, 2019
State of Montana Dept. of Revenue v. Blixseth
A creditor lacks standing to petition for involuntary bankruptcy if any debt amount is subject to an ongoing bona fide dispute, notwithstanding agreement on a portion of the disputed debt.
Bankruptcy 9th Nov. 27, 2019
U.S. v. Gobert
Assault with a dangerous weapon described in 18 U.S.C. Section 113(a)(3) is a crime of violence under 18 U.S.C. Section 924(c)(3)(A).
Criminal Law and Procedure 9th Nov. 27, 2019
Modification: Regency Midland Construction, Inc. v. Legendary Structures, Inc.
The court will look to a contract's purpose when interpreting a provision that is riddled with drafting errors.
Contracts 2DCA/8 Nov. 27, 2019
Paul v. U.S.
Order
USSC Nov. 26, 2019
National Review, Inc. v. Mann
Order
USSC Nov. 26, 2019
Isom v. Arkansas
Order
USSC Nov. 26, 2019
U.S. v. Walton
Order
USSC Nov. 26, 2019
Chance v. U.S.
Order
USSC Nov. 26, 2019
Johnson v. U.S.
Order
USSC Nov. 26, 2019
Thompson v. Hebdon
Alaska's individual-to-candidate and individual-to-group contribution limit of $500 per year is unconstitutional under the factors set forth by the Court in 'Randall v. Sorrell'.
Constitutional Law USSC Nov. 26, 2019
People v. Johnson
A prosecutor's peremptory strike of three out of five black jurors coupled with launching a background check into another black juror is insufficient to sustain a Batson/Wheeler motion.
Constitutional Law CASC Nov. 26, 2019
People v. Lopez
'In re Arturo D.' is overruled to the extent that it created an exception to the Fourth Amendment warrant requirement for searches to locate a driver's identification following a traffic stop.
Constitutional Law CASC Nov. 26, 2019
People v. Rhoades
Although defendant's constitutional right to confront his witness was violated, the violation did not affect the jury's verdict because other evidence more strongly tied the murder to defendant's truck.
Criminal Law and Procedure CASC Nov. 26, 2019
In re J.R.
Juvenile court did not abuse its discretion in terminating dependency jurisdiction because ample evidence showed, among other things, that minor's best interests were considered most important and discussed throughout proceedings.
Dependency 3DCA Nov. 26, 2019
Briganti v. Chow
Defamation claim should not be stricken because although defendant contended that his Facebook comment was hyperbole, plaintiff need only establish her claim had at least minimal merit under anti-SLAPP analysis.
Anti-SLAPP 2DCA/4 Nov. 26, 2019
Chen v. Los Angeles Truck Centers, LLC
Because Indiana had a real interest in applying its law, and California's interest was only hypothetical, the trial court correctly applied Indiana products liability law.
Civil Procedure 2DCA/8 Nov. 26, 2019
In re Jones
The Legislature had a rational basis to narrow Penal Code Section 1170(d)(2)'s resentencing provision to juvenile LWOP defendants, while denying the same opportunity to 18 - 25 year old LWOP defendants.
Juveniles 1DCA/4 Nov. 26, 2019
Manhani v. Barr
An Immigration Judge's finding that an applicant submitted a frivolous asylum claim bars the applicant from seeking further benefits and removability waivers available under the Immigration and Naturalization Act.
Immigration 9th Nov. 26, 2019
Fares v. Barr
Board of Immigration Appeals erroneously interpreted Immigration and Nationality Act Section 212(e), and since petitioner was admissible under various statutory provisions, he was 'otherwise admissible' for INA Section 237(a)(1)(H) waiver purposes.
Immigration 9th Nov. 26, 2019
Global Protein Products, Inc. v. Le
Appellants' claim that respondent's trade secret was invalid was insufficient to dissolve permanent injunction.
Civil Procedure 6DCA Nov. 25, 2019
R.E. v. Superior Court (Santa Clara)
Welfare and Institutions Code Section 208.5(a) should not be interpreted to deny juvenile courts the authority to order commitment for wards who violate probation after they turn 19.
Juveniles 6DCA Nov. 25, 2019
Natarajan v. Dignity Health
There is no constitutional right to hospital admitting privileges; private medical institution's revocation proceedings are governed by common law fair procedure rules, not procedural due process.
Administrative Agencies 3DCA Nov. 25, 2019