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Willis v. City of Seattle
Appellants failed to proffer sufficient evidence and articulate a practice that was common to the claims of the proposed class in their motion for class certification.
Civil Procedure 9th Dec. 2, 2019
Jones v. Shinn
Trial counsel's failure to properly investigate alternative theories of death in a murder case is reversible error; counsel must sufficiently investigate the underlying facts necessary to be fully informed.
Criminal Law and Procedure 9th Dec. 2, 2019
People v. Moses
Order
CASC Nov. 29, 2019
O.G. v. Superior Court (People)
Order
CASC Nov. 29, 2019
Conservatorship of P. (K.)
Order
CASC Nov. 29, 2019
People v. Superior Court (G.G.)
Order
CASC Nov. 29, 2019
People v. Superior Court (I.R.)
Order
CASC Nov. 29, 2019
People v. Superior Court (S.L.)
Order
CASC Nov. 29, 2019
People v. Superior Court (T.D.)
Order
CASC Nov. 29, 2019
Vaquera (Oscar Manuel) on H.C.
Order
CASC Nov. 29, 2019
Berg v. Colgate-Palmolive Co.
Plaintiffs did not present sufficient evidence to create a triable issue of whether defendant's products to which plaintiff was exposed actually contained asbestos.
Torts 1DCA/1 Nov. 29, 2019
People v. Jennings
Burglary and shoplifting are two distinct offenses; Proposition 47 requires the People to prove intent to take an item worth more than $950 to garner a commercial burglary conviction.
Criminal Law and Procedure 4DCA/1 Nov. 29, 2019
People v. Belloso
Requiring indigent defendants to pay court fees and fines violates due process; the sentencing court must hold an ability-to-pay hearing to determine whether the payment is feasible.
Criminal Law and Procedure 2DCA/7 Nov. 29, 2019
Jackson v. LegalMatch.com
Under Business and Professions Code Section 6155, referral occurs when entity engages in act of directing or sending potential client to attorney; thus, LegalMatch engaged in referral activity.
Attorneys 1DCA/4 Nov. 29, 2019
County of El Dorado v. Superior Court (El Dorado)
Order
3DCA Nov. 29, 2019
Molloy v. Vu
Election Code Section 9147's full text rule does not require referendum petitions to include extraneous information referenced, but not included, in the text of the ordinance or statute being challenged.
Government 4DCA/1 Nov. 29, 2019
People v. Gaynor
Because defendant's crimes of using personal identification information of another and possessing check with intent to defraud were temporally distinct, trial court was not required to stay execution of sentence.
Criminal Law and Procedure 4DCA/1 Nov. 29, 2019
In re Parrish
A felony murder defendant's knowledge that his co-defendants were gang members and carrying guns renders him a LWOP or death-penalty eligible major participant in the underlying offense.
Criminal Law and Procedure 2DCA/8 Nov. 29, 2019
People v. Anderson
Evidence that defendant previously took concrete bunny and string lights from neighbor's yard was admissible at his trial for burglary because that evidence properly could create inference probative of criminal intent.
Evidence 2DCA/8 Nov. 29, 2019
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