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People v. The North River Insurance Co.
A fugitive defendant's undocumented immigration status and pending United States visa application approval do not establish a temporary disability under California Penal Code Section 1305(e).
Criminal Law and Procedure 6DCA Oct. 30, 2019
MGA Entertainment v. Mattel
Under California law, the same suspicions that allowed plaintiff to plead unclean hands defense were sufficient to trigger the statute of limitation for its trade secret claim.
Civil Procedure 2DCA/8 Oct. 30, 2019
Hodges v. County of Placer
California counties do not owe a fiduciary duty to property owners while holding the owner's property in a trust account after a tax sale.
probate_and_trusts 3DCA Oct. 30, 2019
McCormick v. California Public Employees' Retirement System
Government Code Section 21156 requires employer-specific analysis under which employee's capability to perform her duties outside her usual workplace is irrelevant to eligibility for disability retirement.
Government 1DCA/1 Oct. 29, 2019
People v. Lucero
A declaration may constitute a 'paper' or any 'other matter or thing' for Penal Code Section 134 purposes, and Section 134 was not precluded by Section 118, the perjury statute.
Criminal Law and Procedure 3DCA Oct. 29, 2019
Magic Carpet Ride v. Rugger Investment Group
Evidence that defendant deposited lien release into escrow only eight days after it was required to do so raised triable issue of material fact whether defendant substantially performed under contract.
Contracts 4DCA/3 Oct. 29, 2019
Denham, LLC v. City of Richmond
Under Government Code Section 65754, when an ordinance conflicts with the general plan of a city, the city should be permitted to correct the conflict.
Real Property 1DCA/4 Oct. 29, 2019
NLRB v. IAB Local 229
Union speech aimed at encouraging an unlawful secondary boycott under the NLRA is not subject to strict scrutiny under the First Amendment
Labor Law 9th Oct. 29, 2019
Man v. Barr
In removal proceedings commenced against noncitizen after non-citizen has already entered country, Immigration Judge lacks authority to grant non-citizen U visa waiver of inadmissibility under 8 U.S.C. Section 1182(d)(3)(A)(ii).
Immigration 9th Oct. 25, 2019
Modification: People v. Capers
Witness' refusal to testify did not violate defendant's due process right to present defense under Sixth Amendment because there was no prosecutorial misconduct.
Criminal Law and Procedure CASC Oct. 25, 2019
People v. Allen
Denying mandatory expungement on the basis of an indigent defendant's outstanding victim restitution obligation does not violate due process or equal protection.
Criminal Law and Procedure 4DCA/1 Oct. 24, 2019
Lipschultz v. Charter Advanced Services
Order
USSC Oct. 23, 2019
People v. Kingston
Trial court did not violate defendant's due process rights by imposing fines without ascertaining ability to pay, since the fines neither interfered with defendant's access to courts nor resulted in her incarceration.
Criminal Law and Procedure 2DCA/1 Oct. 23, 2019
People v. Sanchez
When an action is dismissed by a magistrate on constitutional grounds, the dismissal cannot be reinstated under California Penal Code Section 871.5.
Criminal Law and Procedure 1DCA/3 Oct. 23, 2019
Miller Marital Deduction Trust v. Zurich American Insurance Co.
Trial court properly denied defendant's anti-SLAPP motion, because anti-SLAPP statute does not apply to cause of action for breach of implied covenant of good faith and fair dealing.
Anti-SLAPP 1DCA/3 Oct. 23, 2019
Dai v. Barr
Order
9th Oct. 23, 2019
Rojas v. Federal Aviation Administration
Freedom of Information Act and Privacy Act exemptions allowed the FAA to withhold its rules and practices for scoring its Biographical Assessment, along with plaintiff's score on the test.
Administrative Agencies 9th Oct. 23, 2019
Monster Energy v. City Beverages
Vacatur of an arbitration award is supported where the arbitrator fails to disclose to the parties any dealings with an involved party that might create an impression of possible bias.
Arbitration 9th Oct. 23, 2019
State of California v. Little Sisters of the Poor
Preliminary injunction barring enforcement in several states of final agency rules that exempted certain entities from Affordable Care Act's requirement that group health plans cover contraceptive care without cost sharing was affirmed.
Remedies 9th Oct. 23, 2019
Marriage of Bittenson
After Family Law Attorney's Real Property Lien is recorded, Family Code Section 2034(c) vests the family law court with jurisdiction to resolve any dispute arising from its existence.
Family Law 2DCA/6 Oct. 23, 2019
Modification: O.G. v. Superior Court
Senate Bill No. 1391 was inconsistent with Proposition 57 as a matter of law because it prohibited what Proposition 57 authorized, so petitioner may be prosecuted in adult court.
Juveniles 2DCA/6 Oct. 23, 2019
Ruiz-Martinez v. Super. Ct.
Improper dismissal of grand jurors in violation of Penal Code Section 939.5 did not violate the separation of powers doctrine or violate petitioner's due process rights.
Criminal Law and Procedure 6DCA Oct. 22, 2019
Cal200, Inc., v. Apple Valley Unified School Dist.
Appellants did not have standing to assert cause of action for injunctive relief and public interest standing exception has been consistently applied only in the context of mandamus proceedings.
Education 1DCA/2 Oct. 22, 2019
In re Jeremiah S.
Patsearch of robbery suspect violated the Fourth Amendment because officers only believed suspect may have been armed because he was a robbery suspect, and no other facts showed danger to officers' safety.
Constitutional Law 3DCA Oct. 22, 2019
P. v. Carkhum-Murphy
Defendant's statement was exculpatory by asserting defendant committed lesser included offense of misdemeanor theft but did not commit serious and violent felony of robbery; thus, prior convictions to impeach defendant properly admitted.
Evidence 3DCA Oct. 22, 2019
Faisal Nabin Kashem v. William Barr
The No Fly List criteria is not unconstitutionally vague merely because it was based on a threat assessment involving a prediction of future criminal conduct.
Constitutional Law 9th Oct. 22, 2019
In re R.C.
Under the natural and probable consequences doctrine, a juvenile aider and abettor is guilty of the offense that was a likely consequence of the crime committed, despite his adolescence.
Juveniles 2DCA/6 Oct. 22, 2019
Chatfield v. League of Women Voters
Order
USSC Oct. 22, 2019
Johnson v. United States
Order
USSC Oct. 22, 2019
Watkins v. United States
Order
USSC Oct. 22, 2019