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People v. Hampton
Trial court's dismissal of criminal complaint is a final judgment divesting it of further jurisdiction; thus, it may not later vacate its dismissal in order to reactivate complaint. 		Criminal Law and Procedure 3DCA Nov. 5, 2019
County of Los Angeles v. Christopher W.
Those who are biologically responsible for the child's existence should bear the burden of the expense that its existence necessitates, regardless of another person performing fatherly duties. 		Family Law 2DCA/1 Nov. 5, 2019
U.S. v. Norris
No Fourth Amendment search occurred when FBI used wireless-tracking software to detect signal strength of address of defendant's device because wireless signal reached outside defendant's residence to connect to neighbor's wireless router. 		Criminal Law and Procedure 9th Nov. 5, 2019
U.S. v. Dailey
Defendant's Travel Act conviction was a sex offense requiring registration under the Sex Offender Registration and Notification Act (SORNA) in light of SORNA's residual clause and admissions in defendant's plea agreement. 		Criminal Law and Procedure 9th Nov. 5, 2019
Lee v. Kim
Appellant failed to demonstrate a probability of prevailing on his claim; thus, trial court properly granted anti-SLAPP motion. 		Anti-SLAPP 2DCA/1 Nov. 4, 2019
Handoush v. Lease Finance Group, LLC
Forum selection clauses are unenforceable in California if they will lead to a jury trial waiver in the designated forum state. 		Civil Procedure 1DCA/3 Nov. 4, 2019
O'Grady v. Merchant Exchange Productions, Inc.
'Service charge' may be a 'gratuity' that Labor Code Section 351 requires to go only to the non-managerial employees involved with the actual serving of the food and beverages. 		Labor Law 1DCA/2 Nov. 4, 2019
Carroll v. City and County of San Francisco
Plaintiff alleged that each disability retirement check provides her reduced benefits and that age was substantial motivating factor for payment of reduced benefits; thus, plaintiff's claim was timely under 'continuous accrual doctrine.' 		Employment Discrimination 1DCA/4 Nov. 4, 2019
Conservatorship of D.P.
For conservatorship hearings, a jury needs to only be instructed with the definition of 'gravely disabled' that is based on the express language of Welfare and Institutions Code Section 5350. 		Conservatorship 2DCA/5 Nov. 4, 2019
People v. Martell
Proposition 47 applies to Vehicle Code Section 10851; thus, the vehicle must be worth more than $950 to sustain a felony conviction on a taking theory. 		Criminal Law and Procedure 4DCA/2 Nov. 4, 2019
Sturgeon v. Frost
Order 		9th Nov. 4, 2019
Liu v. Securities and Exchange Commission
Order 		USSC Nov. 4, 2019
Marriage of Deluca
Property was community property because contract transferring title to husband from his sister did not operate as instrument of devise that changed property from his sister's inherited property to his inherited property. 		Family Law 4DCA/1 Nov. 1, 2019
Davis v. TWC Dealer Group, Inc.
Three separate arbitration agreements presented by defendant were unenforceable due to procedural and substantive unconscionability given their contents and the circumstances surrounding their signing. 		Contracts 1DCA/2 Nov. 1, 2019
Stafford v. Attending Staff Assn.
A defendant's decision to pursue a judicial remedy before completing the administrative process does not forfeit his right to pursue administrative remedies. 		Civil Procedure 2DCA/2 Nov. 1, 2019
County of El Dorado v. Superior Court
A one year statute of limitations applies to claims brought under the Mitigation Fee Act, Government Code Section 66001, in light of 'County of San Diego v. Milotz.' 		Civil Procedure 3DCA Nov. 1, 2019
Marriage of Lee and Lin
A spouse can demonstrate conduct consistent with intent to dissolve a marriage with acts such as moving from the family home, ceasing holiday celebrations, and ceasing vacations. 		Family Law 6DCA Nov. 1, 2019
Lopez v. The Hillshire Brands Co.
CACI No. 435 is appropriate to determine causation in an asbestos case; whether the defendant is a manufacturer or premises owner is irrelevant. 		Torts 1DCA/5 Nov. 1, 2019
City of Los Angeles v. Barr
34 U.S.C. Section 10102(a)(6) did not authorize the Department of Justice to require all Edward Byrne Memorial Justice Assistance Grant Program funding recipients comply with its notice and access conditions. 		Government 9th Nov. 1, 2019
Nayab v. Capital One Bank
Under the Fair Credit Reporting Act, a consumer only needs to prove that a third party obtained her credit report for an unauthorized purpose in order to establish judicial standing. 		Constitutional Law 9th Nov. 1, 2019
U.S. v. Garcia-Morales
Defendant was not silent in response to agent's questioning on topic of co-conspirators because the exchange merely demonstrated that defendant did not want to discuss his co-conspirators on video tape. 		Criminal Law and Procedure 9th Nov. 1, 2019
Bakersfield College v. California Community College Athletic Assn.
Arbitration agreement contained procedural unconscionability coupled with substantive unconscionability because it lacked mutuality; thus, arbitration agreement was unenforceable. 		Contracts 3DCA Nov. 1, 2019
MTC Financial Inc. v. California Dept. of Tax and Fee Admin.
A trust deed must sufficiently describe the property securing it to be enforceable. A parcel number, address, and trustor names are insufficient to describe trust property to avoid voidability. 		probate_and_trusts 4DCA/3 Nov. 1, 2019
Berroteran v. Superior Court
Real party in interest had a similar motive to cross-examine its own witnesses in prior litigation; thus, trial court abused discretion in granting motion to exclude depositions. 		Evidence 2DCA/1 Oct. 31, 2019
Kalta v. Fleets
Individuals who use their business to purchase goods or services for personal use have standing to sue under the Consumer Legal Remedies Act 		Consumer Law 2DCA/8 Oct. 31, 2019
Grafilo v. Soorani
California Board of Medicine demonstrated that subpoenas for patient records relating to defendant's prescription practices were supported by a compelling interest and the information sought was relevant and material to its investigation. 		Constitutional Law 2DCA/2 Oct. 31, 2019
Diaz Martinez v. Barr
Premature pro se petitions to the 9th Circuit can be cured by ripening once the BIA issues a subsequent and final decision. 		Immigration 9th Oct. 31, 2019
California Insurance Guarantee Assn. v. San Diego County Schools
Workers' Compensation Appeals Board's exclusive jurisdiction does not extend to contract-based disputes between a self-insured employer and its excess carrier; thus, trial court had jurisdiction. 		Workers' Compensation 4DCA/3 Oct. 31, 2019
In re M.S.
Imperial County Department of Social Services did not establish unknown whereabouts of minor's mother to support juvenile court setting a Welfare and Institutions Code Section 366.26 hearing. 		Family Law 4DCA/1 Oct. 31, 2019
People v. Khan
Penal Code Section 1001.36, which provides a scheme for pretrial diversion for mental health treatment of defendants, did not apply retroactively to defendant who is currently serving his sentence. 		Criminal Law and Procedure 6DCA Oct. 30, 2019
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