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Modification: Bennett v. Rancho California Water Dist.
Collateral estoppel does not apply when a party obtains a favorable finding based on a lesser burden of proof in a prior proceeding than the party would bear in the subsequent proceeding.
Civil Procedure 4DCA/3 Jun. 14, 2019
People v. Raybon
Under Health and Safety Code Section 11362.1, possession of less than an ounce of cannabis in prison is no longer a felony; thus, defendants' convictions reversed.
Criminal Law and Procedure 3DCA Jun. 13, 2019
Lasalle v. Vogel
Trial judge abused discretion in denying appellant's motion to set-aside default judgment; any doubts in applying Code of Civil Procedure Section 473 must be resolved in favor of party seeking relief from default.
Civil Procedure 4DCA/3 Jun. 13, 2019
City and County of San Francisco v. Uber Technologies
City Attorney's administrative subpoena should be enforced against Uber because it met the requirements of 'California Restaurant Assn. v. Henning' and Uber's preemption arguments were premature.
Administrative Agencies 1DCA/3 Jun. 13, 2019
Gouveia v. Espinda
Trial court's manifest-necessity determination was erroneous because trial court failed to provide any meaningful consideration of alternatives to mistrial; thus, retrying defendant would violate Double Jeopardy Clause.
Criminal Law and Procedure 9th Jun. 13, 2019
DaVinci Aircraft v. U.S.
Property was not seized from plaintiff solely for forfeiture, so sovereign immunity was not rewaived; thus, dismissal of 'Bivens' claims against the United States for lack of subject matter jurisdiction was proper.
Torts 9th Jun. 13, 2019
Torres v. Barr
Petitioner failed to succeed on challenging removal under 8 U.S.C. Section 1182 (a)(6)(A)(i) due to lack of valid entry document and continuous presence in the U.S.
Immigration 9th Jun. 13, 2019
People v. John
A plea of guilty cannot be combined with a plea of not guilty by reason of insanity to the same charges, so defendant's plea agreement was null and void.
Criminal Law and Procedure 4DCA/2 Jun. 13, 2019
People v. Kidd
Officer detained defendant by pulling behind him and shining spotlights on defendant's vehicle without reasonable suspicion that crime was about to occur, so subsequently seized evidence should be excluded.
Criminal Law and Procedure 4DCA/2 Jun. 12, 2019
Esparza v. Safeway, Inc.
Appellants failed to submit evidence raising triable issue of material fact regarding whether defendant's challenged conduct harmed class members in manner entitling them to restitution; thus, summary adjudication was proper.
Labor Law 2DCA/4 Jun. 12, 2019
Estate of Sapp
Administrator of decedent's estate was 'otherwise not qualified' under Probate Code Section 8502(b) and acted in bad faith toward heirs; thus, probate court properly removed her as administrator.
probate_and_trusts 4DCA/2 Jun. 12, 2019
Skidmore v. Led Zeppelin
Order
9th Jun. 12, 2019
U.S. v. Bain
Defendant's inadvertent placement of closed pocket knife on bank counter did not put in jeopardy the life of any person by the use of a dangerous weapon; thus, armed robbery conviction reversed.
Criminal Law and Procedure 9th Jun. 12, 2019
Ross v. County of Riverside
Plaintiff provided sufficient evidence such that defendant should not have been granted summary judgment on his Labor Code Section 1102.5 and Fair Employment and Housing Act claims.
Employment Law 4DCA/1 Jun. 12, 2019
Lincolnshire, IL v. Int'l Union Local 399
Order
USSC Jun. 11, 2019
Atlantic Richfield Co. v. Christian
Order
USSC Jun. 11, 2019
McKinney v. Arizona
Order
USSC Jun. 11, 2019
Intel Corp. Investment v. Sulyma
Order
USSC Jun. 11, 2019
Monasky v. Taglieri
Order
USSC Jun. 11, 2019
Comcast Corp. v. Nat. Assn. of African Am.-Owned Media
Order
USSC Jun. 11, 2019
Parker Drilling Management Services, Ltd. v. Newton
Under the Outer Continental Shelf Lands Act, if federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the outer continental shelf.
Labor Law USSC Jun. 11, 2019
Return Mail, Inc. v. Postal Service
A federal agency is not a 'person' who may petition for post-issuance patent review under the America Invents Act; thus, judgment was reversed.
Patent Law USSC Jun. 11, 2019
Quarles v. United States
Michigan statute underlying defendant's third-degree home invasion prior conviction substantially corresponded to or was narrower than generic burglary; thus, defendant's prior conviction qualified as burglary under Armed Career Criminal Act.
Criminal Law and Procedure USSC Jun. 11, 2019
Beckington v. American Airlines
Employees may not sue their employer under Railway Labor Act for allegedly 'colluding' with union in union's breach of duty; thus district court's judgment dismissing plaintiffs' claim was affirmed.
Labor Law 9th Jun. 11, 2019
Veiseh v. Stapp
Failure to comply with provisions of the California Uniform Transfers to Minors Act does not render grantor's continued possession and control of real property unlawful for purposes of trespass to realty.
Torts 5DCA Jun. 10, 2019
Cuevas-Martinez v. Sun Salt Sand, Inc.
Trial court erred in granting respondents' anti-SLAPP motion to malicious prosecution complaint because respondents lacked probable cause to prosecute two claims in their prior lawsuit.
Anti-SLAPP 4DCA/2 Jun. 10, 2019
Wertheim, LLC v. Currency Corporation
Judgment is not satisfied for purposes of postjudgment enforcement costs pursuant to Code of Civil Procedure Section 685.080 until judgment creditor has been paid; thus, motion for postjudgment costs was timely.
Civil Procedure 2DCA/1 Jun. 10, 2019
U.S. v. Yong
Defendant's guilty plea made in exchange for leniency to third party was not involuntarily because government had probable cause to prosecute third party at time of guilty plea.
Criminal Law and Procedure 9th Jun. 10, 2019
Altera Corp. v. Commissioner of Internal Revenue
Treasury Regulation Section 1.482-7(d)(2) was not invalid under 'Chevron' or 'State Farm' statutory interpretation schemes, as it was not arbitrary and capricious and complied with Administrative Procedure Act's procedural requirements.
Tax 9th Jun. 10, 2019
Amalgamated Transit Union v. San Joaquin Reg. Transit Dist.
Public Utilities Code Sections 50150 and 99159 should be harmonized so 'elected representatives of the employees' is read to mean Board members appointed by the Amalgamated Transit Union, Local 276.
Government 3DCA Jun. 10, 2019