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U.S. v. Town of Colorado City
For civil rights statutes, 'respondeat superior' liability applies and therefore a city may be liable for the unconstitutional conduct of its police officers or agents.
Constitutional Law 9th Aug. 27, 2019
U.S. v. Fitzgerald
Under 'United States v. Johnson,' when determining whether or not a sentencing enhancement applies to a 'wobbler' conviction, the court must observe how the lower court treated the conviction.
Criminal Law and Procedure 9th Aug. 27, 2019
Assn. for L.A. Deputy Sheriffs v. Superior Court
Although identities of officers on Los Angeles County Sheriff's Department's 'Brady' list were confidential, disclosure of limited information only to prosecutors with need-to-know to ensure 'Brady' compliance was permissible.
Evidence CASC Aug. 27, 2019
People v. Fontenot
Although attempted kidnapping is not a lesser included offense of kidnapping, Penal Code Section 1159 also allows the factfinder to find defendant guilty of an attempt of the charged crime.
Criminal Law and Procedure CASC Aug. 27, 2019
People v. Aledamat
Trial court erroneously permitted jury to consider box cutter an inherently deadly weapon but given the additional jury instruction, the error was harmless.
Criminal Law and Procedure CASC Aug. 27, 2019
In re: Ubaldo Juarez
Exempt property is excluded from 'any property' under Bankruptcy Code Section 1129(b)(2)(B)'s absolute priority rule, in part, because a debtor retains exempt property only due to exemption statutes.
Bankruptcy BAP Aug. 26, 2019
In re: Michael Allen Zito and Elizabeth Zito
Bankruptcy court prematurely awarded creditor attorney's fees after it found that its debt was not discharged because state court litigation regarding enforceability of personal guarantee was still pending.
Bankruptcy BAP Aug. 26, 2019
Stopthemillenniumhollywood.com v. City of Los Angeles
Conceptual development scenarios in environmental impact report did not qualify as a stable or finite proposed project, and such nebulous descriptions prejudiced public participation in the CEQA process.
Environmental Law 2DCA/3 Aug. 26, 2019
FTC v. Qualcomm Inc.
Order
9th Aug. 26, 2019
Edmo v. Corizon
Prisoner established that 'course of treatment' chosen to alleviate her gender dysphoria 'was medically unacceptable under the circumstances' and thus established Eighth Amendment claim.
Constitutional Law 9th Aug. 26, 2019
Bird v. State of Hawaii
Plaintiff's claim was time-barred because she had knowledge of injury giving rise to her claim over two years ago.
Civil Procedure 9th Aug. 26, 2019
Pleitez-Lopez v. Barr
Denial of a continuance for not updating fingerprints is an abuse of discretion if the immigrant defendant reasonably relied on his lawyer's advice that resubmitting his fingerprints was unnecessary.
Immigration 9th Aug. 26, 2019
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