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People v. Serrano
While the California Racial Justice Act allows defendants to file a stand-alone post-judgment discovery motion before filing a habeas petition, an order denying post-judgment discovery is not appealable.
Criminal Law and Procedure 3DCA Oct. 31, 2024
Batta v. Hunt
A finding of a granted easement, an implied easement, and a prescribed easement was fatally conflicting and irreconcilable.
Real Property 2DCA/8 Oct. 31, 2024
Hart v. City of Redwood City
Order
9th Oct. 31, 2024
People v. Villagrana
Petitioner was ineligible for resentencing relief on voluntary manslaughter offense where his plea and admission to enhancement allegations demonstrated he could presently be convicted of murder.
Criminal Law and Procedure 2DCA/6 Oct. 31, 2024
In re M.T.
Request to seal entire record should have been granted because requestor's safety and privacy interests in concealing her transgender identity overcame the public's right of access.
Civil Procedure 5DCA Oct. 31, 2024
Vaghashia v. Vaghashia
Party was judicially estopped from seeking to vacate settlement agreement that it had previously moved to enforce even though the trial court adopted an adverse interpretation of the agreement.
Civil Procedure, Contracts 2DCA/8 Oct. 30, 2024
Lucky Chances, Inc. v. California Gambling Control Com.
Though the Gambling Control Commission is authorized to impose additional license conditions, it may not impose disciplinary measures where it does not find any law, regulation, or license violations.
Gaming 3DCA Oct. 30, 2024
People v. Field
Equal protection principles were violated by requiring defendants to testify during their commitment trials under the Sexually Violent Predators Act.
Constitutional Law, Criminal Law and Procedure 4DCA/1 Oct. 30, 2024
Muha v. Experian Information Solutions
Fair Credit Reporting Act plaintiffs lacked standing because they did not allege a concrete injury.
Consumer Law, Civil Procedure 4DCA/3 Oct. 30, 2024
U.S. v. Nasri
Due process required a district court to establish control or constructive control over property in a forfeiture action to exercise in rem jurisdiction over the property.
Civil Procedure 9th Oct. 30, 2024
JCCrandall v. County of Santa Barbara
Conditional use permit for cannabis cultivation should not have been granted where owner of servient tenement objected to the use of easement for transportation of federally illegal cannabis across property.
Real Property 2DCA/6 Oct. 30, 2024
In re H.B.
Agency's failure to make reasonable efforts to prevent the need for removal of children from father's custody warranted reversal of juvenile court's order.
Dependency 1DCA/2 Oct. 30, 2024
Gooden v. County of Los Angeles
Where County's amendment to proposed land use plan did not alter the plan's main features, California Environmental Quality Act was not violated.
Environmental Law, Municipal Law 2DCA/2 Oct. 29, 2024
People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts.
Criminal Law and Procedure, Evidence 4DCA/1 Oct. 29, 2024
People v. Rogers
Transferring to a different county's probation department was not a factual basis for modifying probation to include drug and alcohol-related conditions.
Criminal Law and Procedure 4DCA/2 Oct. 29, 2024
In re G.R.
An alleged father had no standing as an aggrieved party to an order requiring his visits be monitored.
Family Law 2DCA/8 Oct. 29, 2024
People v. Thompson
Successive limited habeas corpus petition was the proper vehicle for capital defendant seeking resentencing relief under ameliorative changes to murder statutes due to the requirements of voter-approved Proposition 66.
Habeas Corpus, Criminal Law and Procedure 4DCA/2 Oct. 29, 2024
Alafi v. Cohen
Trial court's failure to issue requested statement of decision was prejudicial error given that it forestalled appropriate appellate review.
Civil Procedure, Business Law 6DCA Oct. 29, 2024
In re Marriage of Shayan
Judgment for attorney fees entered by the family court did not expire until fully satisfied, so writ of execution issued more than 10 years after the judgment's entry was proper.
Family Law, Civil Procedure 2DCA/8 Oct. 29, 2024
Modification: People v. Briscoe
Penal Code Section 3051 violated equal protection as applied to defendant's challenge to life without parole sentence for special circumstance murder.
, Criminal Law and Procedure 1DCA/4 Oct. 29, 2024
Horseracing Integrity and Safety Authority, Inc. v. National Horsemen's Benevolent and Protective Assn.
Order
USSC Oct. 29, 2024
U.S. v. Sharma
Federal sentencing enhancements involving child pornography did not violate Due Process Clause.
Criminal Law and Procedure 9th Oct. 29, 2024
Heckman v. Live Nation Entertainment Inc.
Arbitration agreement to be conducted under New Era's Expedited/Mass Arbitration rules was unconscionable, due in part to its bellwether process.
Arbitration 9th Oct. 29, 2024
Loffman v. California Dept. of Education
The Individuals with Disabilities Education Act violated the Free Exercise Clause of the Constitution by limiting access to benefits to those who attended nonsectarian educational institutions.
Constitutional Law, Education 9th Oct. 29, 2024
North American Title Company v. Superior Court (Cortina)
Statement of disqualification alleging judicial bias must be presented at the earliest practicable opportunity after discovery of facts constituting grounds, and failure to do so is forfeiture of the right.
Judges, Civil Procedure CASC Oct. 29, 2024
Reich v. Reich
Because IRAs are nonprobate transfers, decedent's widow was not entitled to omitted spouse's share of decedent's IRA whose beneficiaries were separate trusts created by the decedent's testamentary trust.
Trust and Estates 2DCA/2 Oct. 28, 2024
Richard v. Union Pacific Railroad Co.
Exclusion of expert testimony was error where the witness had experience and knowledge operating trains on tracks where accident occurred that could have assisted the jury in making its determination.
Evidence 2DCA/3 Oct. 28, 2024
U.S. v. Shih
The higher base offense level for a violation of the International Emergency Economic Powers Act was appropriate to use in sentencing an individual who exported monolithic microwave integrated circuits for a Chinese military weapons developer.
Criminal Law and Procedure, International Law 9th Oct. 28, 2024
People ex rel. Bonta v. County of Lake
Environmental impact report insufficiently disclosed information regarding increased wildfire risks, as required by the California Environmental Quality Act.
Environmental Law 1DCA/4 Oct. 25, 2024
People v. Royal
Arson's malice requirement was met where defendant caused a fire while manufacturing a controlled substance.
Criminal Law and Procedure 1DCA/2 Oct. 25, 2024