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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
Modification: 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 Jan. 6, 2020
Modification: 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 Jan. 3, 2020
Patel v. Mercedes-Benz USA
The Song-Beverly Consumer Act prohibits lower court from limiting attorney's fees to two different plaintiffs in vehicle breach of warranty case.
Consumer Law 2DCA/4 Jan. 3, 2020
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. 3, 2020
Ojjeh v. Brown
Trial court erred in denying defendants anti-SLAPP motion after defendants allegedly failed to produce complete Syrian refugee documentary and solicited funds.
Anti-SLAPP 1DCA/3 Jan. 3, 2020
In re: Richard L. Black
Bankruptcy court erred in requiring debtor to dedicate the excess proceeds of postpetition sale of prepetition real estate to pay unsecured creditors under chapter 13 plan.
Bankruptcy BAP Jan. 3, 2020
People v. Lowery
Defendants' failure to object to court imposed fines, fees, and assessments forfeits their appellate claim that the court improperly failed to hold an ability-to-pay hearing.
Criminal Law and Procedure 5DCA Jan. 3, 2020