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Hale v. U.S.
Order
USSC Oct. 8, 2019
Robinson v. U.S.
Order
USSC Oct. 8, 2019
Jackson v. U.S.
Order
USSC Oct. 8, 2019
McCormick v. U.S.
Order
USSC Oct. 8, 2019
Parks v. U.S.
Order
USSC Oct. 8, 2019
Householder v. Philip Randolph Inst.
Order
USSC Oct. 8, 2019
Chabot v. Philip Randolph Inst.
Order
USSC Oct. 8, 2019
Flynt v. Shimazu
Assuming California Business & Professions Code Sections 19858 and 19858.5 violated Dormant Commerce Clause, plaintiffs demonstrated continuing violation; thus, statute of limitations period begins anew with each new injury.
Civil Procedure 9th Oct. 8, 2019
Amended Opinion: U.S. v. Green
Sentencing court erred by concluding that it could not first hear defendant's allocution before determining whether reduction for acceptance of responsibility was warranted under Sentencing Guidelines.
Criminal Law and Procedure 9th Oct. 8, 2019
Abir Cohen Treyzon Salo, LLP v. Lahiji
Reviews posted on an Internet website meet the definition of 'protected activity' under anti-SLAPP law, even if the reviewer denies that she made the review.
Anti-SLAPP 2DCA/2 Oct. 7, 2019
Crooks v. Housing Authority of the City of L.A.
Providing false information about marital status is a material violation of a family's reporting obligations and is grounds for termination from the federally funded Section 8 program.
Government 2DCA/2 Oct. 7, 2019
County of L.A. v. Civil Service Com. of the County of L.A.
Sheriff's Deputy's failure to report two incidents of abuse of an inmate constituted inexcusable neglect of duties and his subsequent lies harmed the public service, making discharge the proper remedy.
Government 2DCA/1 Oct. 7, 2019
In re J.M.
Court errs when it dismisses petition for lack of sufficient evidence of current risk of harm when reason why such evidence is lacking is because parent absconded with children.
Juveniles 2DCA/5 Oct. 7, 2019
People v. Vital
CALCRIM No. 1128 was improper and prejudicial because it did not reflect the minimum age requirement for Penal Code Section 288.7(b) conviction as applying only to the direct perpetrator.
Criminal Law and Procedure 2DCA/3 Oct. 7, 2019
Amended Opinion: Capp v. County of San Diego
Defendant not entitled to qualified immunity because plaintiff pled a plausible First Amendment retaliation claim; thus, district court's dismissal reversed in part.
Constitutional Law 9th Oct. 7, 2019
Litinsky v. Kaplan
Malicious prosecution claim could not succeed because evidence showed that attorney had probable cause to prosecute prior lawsuit against plaintiff on behalf of her client; thus, anti-SLAPP motion properly granted.
Civil Procedure 2DCA/2 Oct. 7, 2019
Garcia v. Myllyla
Punitive damages were neither improper nor excessive, and the jury could consider the effect of events prior to the statute of limitations period on plaintiffs' sensitivity to events during the period.
Remedies 2DCA/2 Oct. 7, 2019
Jimenez v. Superior Court
Superior court abused its discretion by issuing discovery order in habeas proceedings since district attorney's attempt to compel disclosures was premature and did not defeat qualified work-product protection.
Civil Rights 2DCA/4 Oct. 4, 2019
Rosenblatt v. City of Santa Monica
When a city ordinance limiting short-term property rentals in residential zones applies to in-state and out-of-state residents equally, the Dormant Commerce Clause is not violated.
Constitutional Law 9th Oct. 4, 2019
Modification: People v. Financial Casualty & Surety, Inc.
Appellant failed to establish the trial court failed any requirement to forfeit bond at hearing for which the clerk failed to indicate whether or not defendant was present.
Criminal Law and Procedure 4DCA/1 Oct. 4, 2019
Chico Advocates for a Responsible Economy v. City of Chico
Likely loss of "close and convenient shopping" was not an environmental issue requiring review under CEQA, and the City of Chico's reasons for its decisions were not clearly inadequate or unsupported.
Environmental Law 3DCA Oct. 4, 2019
People v. Lee
Under Proposition 64, a legal amount of cannabis found in possession of a driver during a traffic stop, may not establish probable cause to perform a warrant-less search.
Criminal Law and Procedure 4DCA/1 Oct. 4, 2019
Nejadian v. County of Los Angeles
Plaintiff failed to present sufficient evidence to support the jury's verdict on both of his retaliation causes of action, and the trial court's jury instruction on plaintiff's FEHA claim was erroneous.
Employment Law 2DCA/4 Oct. 3, 2019
B.M. v. Superior Court
Senate Bill 1391 protects minors from transfers to criminal court and is valid because it furthers each of Proposition 57's express purposes, including the bill's goal of limiting prosecutorial discretion.
Juveniles 4DCA/2 Oct. 3, 2019
People v. Gastelum
'People v. Chiu' holding does not extend to first degree lying-in-wait murder due to this type of murder being morally and legally distinguishable from first degree premeditated murder.
Criminal Law and Procedure 4DCA/1 Oct. 3, 2019
Tesoro Logistic Operations, LLC v. City of Rialto
A tax that taxes the ownership of a facility's storage tanks regardless of whether the tanks are used is a real property tax, not a business license tax.
Real Property 4DCA/2 Oct. 3, 2019
People v. Tejeda
Defendant's conduct at trial was inconsistent with assumptions underlying previous competency finding to such an extent that the trial court was under a duty to declare doubt as to defendant's competence.
Criminal Law and Procedure 4DCA/1 Oct. 3, 2019
Travelers Property Casualty v. Workers' Comp. Appeals Bd.
Under Insurance Code Section 116633, an agreement between insurers of general and special employers regarding injuries to special employees does not need to be signed in order to be enforceable.
Workers' Compensation 2DCA/1 Oct. 3, 2019
Modaraei v. Action Property Management, Inc.
Trial court's denial of plaintiff's motion for class certification, based on findings that individual questions would predominate and plaintiff's trial plan was inadequate, was not erroneous.
Civil Procedure 2DCA/1 Oct. 2, 2019
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. 2, 2019