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USSEC v. Feng
Defendant failed to register as broker as required by Securities Exchange Act, and defrauded both his U.S. Immigrant Investor Program clients and U.S. Citizenship and Immigration Services regional centers.
Securities 9th Aug. 26, 2019
People v. Raybon
Order
3DCA Aug. 23, 2019
Modification: Palm Finance Corp. v. Parallel Media LLC
A foreign court order for a monetary judgment is presumptively authenticated and admissible if it is from a nation recognized by the United States and contains a legitimate court seal.
Evidence 2DCA/8 Aug. 23, 2019
Modification: Cal. Advocates for Nursing Home Reform v. Smith
Although Health and Safety Code Section 1418.8 was unconstitutional on its face because it lacked a notice requirement, the court remanded with directions to implement procedural safeguards preserving its constitutionality.
Constitutional Law 1DCA/4 Aug. 23, 2019
Modification: Cleveland Nat. Forest Foundation v. County of San Diego
County Board did not properly consider the connection between residential and agricultural uses as required by Subdivision Map Act Section 66474.4 and the Williamson Act.
Real Property 4DCA/1 Aug. 23, 2019
In re A.E.
Under California Penal Code Section 361.5(c)(2), reunification services will not be provided if by clear and convincing evidence it is not in the child's best interests.
Family Law 4DCA/2 Aug. 23, 2019
Castillo v. Superior Court
Under Penal Code Section 859b's 60-day rule dismissal is required of a felony complaint when the preliminary hearing is continued for more than 60 days from arraignment.
Criminal Law and Procedure 1DCA/3 Aug. 23, 2019
People v. Lopez
Senate Bill 1437 allows appellants to petition for relief as to their convictions for second degree murder under the natural and probable consequences doctrine, but their attempted premeditated murder convictions stand.
Criminal Law and Procedure 2DCA/7 Aug. 23, 2019
Wu v. O'Gara Coach Co., LLC
Plaintiff's counsel's firm's founder, having acquired knowledge about playbook information, lacked material connection with plaintiff's claims while president and chief operating officer at defendant's company; thus, firm was not disqualified.
Attorneys 2DCA/7 Aug. 23, 2019
People v. Torfason
A mentally disordered offender may not be recommitted based on a different mental disorder than the one he was initially committed for under Mentally Disordered Offender Act Section 2966(c).
Criminal Law and Procedure 2DCA/6 Aug. 23, 2019
People v. Foster
Proposition 47 does not apply to retroactively invalidate a properly imposed mentally disordered offender commitment or to invalidate subsequent recommitments.
Criminal Law and Procedure CASC Aug. 23, 2019
Ray v. County of Los Angeles
An erroneous vacatur cannot postpone a rule's effective date until an appellate court corrects the error sometime in the future.
Labor Law 9th Aug. 23, 2019
Fidelity National Financial Inc. v. Friedman
28 U.S.C. Section 1963 does not require that a court have personal jurisdiction over a judgment debtor in order to register an existing judgment.
Civil Procedure 9th Aug. 23, 2019
Modification: Wu v. O'Gara Coach Co., LLC
Modification
Attorneys 2DCA/7 Aug. 23, 2019
People v. Grundfor
Trial court properly ordered defendant to pay full restitution of plaintiff-victim's attorney fees, in part, since a settlement between plaintiff-victim and defendant's insurer only released defendant from further civil liability.
Criminal Law and Procedure 2DCA/6 Aug. 23, 2019
Williams v. Superior Court
Deputy district attorney improperly exercised judicial branch authority by dismissing grand juror in the presence of other grand jurors, and petitioner's motion to dismiss the indictment should have been granted.
Criminal Law and Procedure 3DCA Aug. 22, 2019
Davis v. Mariposa County Board of Supervisors
Government Code Section 50078.17 provides that any appeal from a final judgment in an action brought under this section must be filed within 30 days or it is considered untimely.
Government 5DCA Aug. 22, 2019
Nicholson v. Gutierrez
Because no analogous case existed at the time, district court erred by denying officer qualified immunity on plaintiffs' Fourth Amendment substantive due process claim.
Qualified Immunity 9th Aug. 22, 2019
Panah v. Chappell
Even without serology testimony regarding bodily fluid stains found in defendant's bedroom, and assuming counsel's performance was deficient, the overwhelming evidence supported guilt and defendant was not prejudiced.
Civil Rights 9th Aug. 22, 2019
Harris v. Harris
Dismissals for refusal to exercise supplemental jurisdiction, failure to serve, and quasi-judicial immunity are not grounds giving rise to strikes under the Prison Litigation Reform Act.
Prisoners' Rights 9th Aug. 22, 2019
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 Aug. 22, 2019
Murray v. Mayo Clinic
For claims under the Americans with Disabilities Act, the but-for causation standard is the appropriate standard to include in the jury instruction.
Employment Discrimination 9th Aug. 21, 2019
Dorman v. Charles Schwab Corp.
'American Express Co. v. Italian Colors Restaurant' was intervening Supreme Court authority irreconcilable with 'Amaro v. Continental Can Co.', so ERISA claims may now be subject to mandatory arbitration.
Arbitration 9th Aug. 21, 2019
Dyroff v. The Ultimate Software Group
Website operator was fully immune from liability because it did not publish its own content, published users' posts without materially contributing to them, and owed no duty to plaintiff's deceased son.
Immunity 9th Aug. 21, 2019
Valtierra v. Medtronic
Under the Americans with Disabilities Act and the Equal Employment Opportunity Commission guidelines, morbid obesity is not a physical impairment to be categorized as a disability for employment discrimination lawsuits.
Employment Discrimination 9th Aug. 21, 2019
Zuniga v. Barr
Petitioner had right to counsel in reasonable fear review proceedings initiated under 8 U.S.C. Section 1228, and Immigration Judge failed to obtain valid waiver of that right.
Immigration 9th Aug. 21, 2019
Fuller v. Department of Transportation
Jury's special verdict was not inconsistent because the dangerous condition finding did not necessitate finding the dangerous condition created reasonably foreseeable risk that the relevant kind of incident would occur.
Government California Courts of Appeal Aug. 21, 2019
In re Rigsby
A prisoner possesses items in his cell when he has knowledge of the items and the items are located in an area accessible to all prisoners residing in that cell.
Prisoners' Rights 5DCA Aug. 21, 2019
Blech v. Blech
Creditor may file Probate Code Section 15301(b) petition to enforce a money judgment against a nondiscretionary principal distribution before that distribution is due and payable.
probate_and_trusts 2DCA/3 Aug. 20, 2019
People v. Rodriguez
Under Penal Code Section 1473.7, a criminal defendant's motion to vacate may not be considered untimely if the statute was enacted later on in his trial proceedings.
Criminal Law and Procedure 4DCA/2 Aug. 20, 2019