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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Penal Code Section 632(d)'s exclusionary remedy was superseded by Proposition 8 and since reenactments of Section 632(d) were merely technical, they were insufficient to revive the exclusionary remedy.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
California Taxpayers Action Network v. Taber Construction, Inc.
Defendant was hired by public school district to provide preconstruction services in anticipation of itself completing the project for the district, so it did not violate Government Code Section 1090.
Government 1DCA/2 Dec. 3, 2019
People v. Bryant
Defendant's electronic search condition was invalid under 'People v. Lent' because nothing in record suggested defendant ever used electronic device or social media in connection with criminal conduct.
Criminal Law and Procedure 2DCA/1 Dec. 3, 2019
United Artists Theater Circuit v. Regional Water Quality Control Board
Prior owner may be named in cleanup order as one who 'permitted' discharge if it knew or should have known that lessee's activity presented a reasonable possibility of hazardous waste discharge.
Environmental Law 1DCA/5 Dec. 3, 2019
People v. Beck and Cruz
Evidence was collectively sufficient to corroborate accomplice's testimony and to demonstrate that defendants were part of a conspiracy to kill the victims.
Criminal Law and Procedure CASC Dec. 3, 2019
U.S. v. Burke
Armed robbery involving controlled substances described in 18 U.S.C. Section 2118(c)(1) is a crime of violence under 18 U.S.C. Section 924(c)(3)(A).
Criminal Law and Procedure 9th Dec. 3, 2019
Johnson v. Metro-Goldwyn Mayer Studios
District court adequately explained its decision to conduct its own lodestar calculation and apply a 25 percent cut to class counsel's hours in awarding less attorneys' fees than plaintiff requested.
Civil Procedure 9th Dec. 3, 2019
Anderson v. City of San Jose
Shortage of affordable housing is 'statewide concern' such that Surplus Lands Act preempts locality's ability to dispose of property in manner that conflicts with the state law.
Constitutional Law 6DCA Dec. 2, 2019
County of Los Angeles Child Support Services Dept. v. Watson
The defendant bears the burden to show he was not intentionally evading service of his child support petition; the trial court's payment reduction was improper, absent such a showing.
Family Law 2DCA/7 Dec. 2, 2019
In re Mohammad
The leap taken by Department of Corrections and Rehabilitation from 'a nonviolent felony offense' to a 'nonviolent offender' was unjustifiable and inconsistent with the constitutional text of Proposition 57.
Constitutional Law 2DCA/5 Dec. 2, 2019
Placencia v. Strazicich
Probate court did not err by denying petitioner's right of survivorship to joint bank account because decedent left clear statements in his will that he did not want petitioner to have the right of survivorship.
probate_and_trusts 4DCA/3 Dec. 2, 2019
Modification: 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 Dec. 2, 2019