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People v. Aguilar
Under California Penal Code Section 289, 'force' includes circumstances where the victim did not want to engage in the act and did not positively cooperate with it.
Criminal Law and Procedure 2DCA/8 Nov. 8, 2019
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. 8, 2019
Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive.
Constitutional Law 5DCA Nov. 7, 2019
People v. Patton
Given the nature of defendant's offense, there was a relationship between theft of electronic devices and the imposition of an electronic device search condition.
Criminal Law and Procedure 4DCA/1 Nov. 7, 2019
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies.
Torts 2DCA/7 Nov. 7, 2019
Rhines v. Young
Order
USSC Nov. 6, 2019
Modification: Sprengel v. Zbylut
In determining whether an attorney entered into an 'implied' attorney-client relationship to represent the interests of the individual partners of an entity a court must assess the totality of circumstances.
Attorneys 2DCA/7 Nov. 6, 2019
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies.
Torts 2DCA/7 Nov. 6, 2019
Asian Americans Advancing Justice-Los Angeles v. Padilla
The California Voting Rights Act allows the Secretary of State to assess the need for language assistance accommodations by individual precinct, not on a county-wide basis.
Government 1DCA/1 Nov. 6, 2019
Minaya v. U.S.
Order
USSC Nov. 5, 2019
Walker v. U.S.
Order
USSC Nov. 5, 2019
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