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Sacramentans for Fair Planning v. City of Sacramento
Project approval under general plan policy authorizing more intense development than zoning otherwise allowed was rationally related to city's legitimate goal of obtaining quality infill development that provided significant community benefit.
Constitutional Law 3DCA Jul. 22, 2019
In re A.M.
Under Section 213.5 of the Welfare and Institutions Code, a juvenile court may issue a restraining order against a father if doing so is in daughter's best interest.
Juveniles 2DCA/2 Jul. 22, 2019
Roque De La Fuente v. Alex Padilla
California's ballot access laws reasonably relate to California's important regulatory interest in managing its democratic process and were proportionate to California's large voter population.
Civil Rights 9th Jul. 22, 2019
Disability Rights Montana v. Batista
Plaintiff's complaint, which described the horrific treatment of prisoners, was supported by factual allegations more than sufficient to 'state a claim to relief that was plausible on its face.'
Constitutional Law 9th Jul. 22, 2019
City of Hesperia v. Lake Arrowead Comm. Serv. Dist.
Community Services District failed to establish Government Code Sections 53091(e) and 53096(a) provided an absolute or qualified exemption from compliance with City's zoning requirements.
Government 4DCA/1 Jul. 22, 2019
Brown v. City of Sacramento
Although plaintiff's suspension was a discrete act, plaintiff's claim based on suspension was timely because suspension only became final within the one-year statute of limitations for filing an administrative complaint.
Civil Procedure 3DCA Jul. 19, 2019
Ortiz v. Dameron Hospital Assn.
Employer's disparaging comments about an employee's ability to speak English amounted to discriminatory harassment under California's Fair Employment and Housing Act.
Employment Law 3DCA Jul. 19, 2019
Galvan v. Dameron Hospital Assn.
Reasonable trier of fact could conclude supervisory employee intentionally created intolerable working conditions, and that a reasonable person faced with those conditions would have felt compelled to leave.
Employment Discrimination 3DCA Jul. 19, 2019
Flores v. Barr
To show prejudice in ineffective assistance of counsel, the petitioner only needs to show plausible grounds for relief and need not substantially support his claim in his motion to reopen.
Immigration 9th Jul. 19, 2019
Anderson v. Ghaly
Federal Nursing Home Reform Amendments provided the right to state-provided process capable of providing relief, but did not require state to implement hearing decisions directly through a state agency.
Administrative Agencies 9th Jul. 19, 2019
Marinelarena v. Sessions
California conviction for conspiracy to sell and transport controlled substance was ambiguous as to whether it constituted controlled substance offense under federal law; thus, petitioner was not ineligible for cancellation of removal.
Immigration 9th Jul. 19, 2019
Satele v. Superior Court
Trial court erred in denying access to evidence based on defendant's failure to establish 'good cause' under Penal Code Section 1054.9(d) because statute does not apply to request for access to court exhibits.
Criminal Law and Procedure CASC Jul. 19, 2019
In re Arroyo
Proposition 57 did not dictate timing of inmate's parole suitability hearing, only that the inmate was suitable for hearing, and petitioner already received all relief requested in his habeas petition.
Civil Rights 4DCA/3 Jul. 19, 2019
Doe v. Dept. of Children & Family Services
Nonsuit was proper because plaintiff's evidence failed to establish private defendants had duty to protect plaintiff from third-parties' crimes, and county defendants' breaches of mandatory duties were not proximate cause of harm.
Torts 2DCA/8 Jul. 19, 2019
Williams v. Fremont Corners, Inc.
Under California law, landowners are required to maintain land in their possession and control in a reasonably safe condition, but they have no duty to protect from third party conduct.
Torts 6DCA Jul. 19, 2019
In re Harley C.
Government Code Section 68070 permits application of local rules when they are not inconsistent with the law or with the rules adopted and prescribed by Judicial Council.
Juveniles 2DCA/7 Jul. 18, 2019
Nodal v. Cal-West Rain, Inc.
Juror's statements during deliberations injected opinions explicitly based on outside information that were contrary to the evidence, instructions, and theories tried and thus, influenced jurors and prejudiced plaintiff.
Civil Procedure 2DCA/6 Jul. 18, 2019
People v. Williams
Defendants who made a plea deal must obtain a certificate of probable cause before asking, on appeal, for a remand for resentencing under Senate Bill No. 1393.
Criminal Law and Procedure 2DCA/8 Jul. 18, 2019
McCleery v. Allstate Ins. Co.
Plaintiffs' trial plan was properly rejected because it failed to address means to fairly establish defendants' liability on a class-wide basis as to any claim.
Civil Procedure 2DCA/1 Jul. 17, 2019
Ixchel Pharma v. Biogen
Order
9th Jul. 17, 2019
In re Kevan Harry Gilman
When creditor voluntarily files Code of Civil Procedure Section 685.080 motion with bankruptcy court for postpetition attorneys' fees, Bankruptcy Code Section 108(c) does not toll two-year limitation in Section 685.080.
Bankruptcy BAP Jul. 16, 2019
Smith v. Davis
Order
9th Jul. 16, 2019
In re Rogers
Petitioner was entitled to habeas corpus relief because material false evidence was presented at his trial, namely that witness testified falsely both in her identification of petitioner and concerning circumstances surrounding it.
Criminal Law and Procedure CASC Jul. 16, 2019
Quigley v. Garden Valley Fire Protection Dist.
Government Code Section 850.4 immunity is not jurisdictional, but rather operates as an affirmative defense and must be adequately pleaded as such.
Government CASC Jul. 16, 2019
People v. Marsh
Defendant 'used' victim's own vehicle as a deadly weapon which was 'likely to produce death or great bodily injury' when defendant purposely severed both of its brake lines.
Criminal Law and Procedure 4DCA/1 Jul. 16, 2019
People v. Sexton
Reasonable jurors would not understand CALCRIM No. 850 to mean that if they found characteristics of intimate partner battering satisfied, then the alleged victim was necessarily telling the truth.
Criminal Law and Procedure 4DCA/1 Jul. 16, 2019
Bottinelli v. Salazar
Congress provided 'clear direction' in First Step Act of 2018 to delay the implementation of good time credit amendment until Attorney General establishes the 'risk and needs assessment system.'
Criminal Law and Procedure 9th Jul. 16, 2019
In re Michael Younessi
Modified confirmation order's changes were not housekeeping matters, but rather of great significance; thus, the modification reset 180-day deadline for creditor to seek revocation of debtor's chapter 11 plan confirmation.
Bankruptcy BAP Jul. 15, 2019
Oxford Preparatory Academy v. Chino Valley Unified School Dist.
District's administrative decision was quasi-adjudicatory because review of plaintiff's renewal petition required application of standards set by existing statutes and regulations, and no new policy was crafted for future application.
Administrative Agencies 4DCA/1 Jul. 15, 2019
In re J.S.
Juvenile forfeited constitutional objections to probation conditions that permitted searches of his electronic devices by not raising claims in trial court and claims were not facial overbreadth challenges warranting review.
Juveniles 4DCA/1 Jul. 15, 2019