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Perez v. City of Roseville
Precedent was not so clear that every reasonable official would understand terminating plaintiff due to her extramarital relationship with a fellow police officer violated her constitutional right to privacy.
Constitutional Law 9th May 22, 2019
People v. Grandberry
Defendant failed to explain or deny incriminating fact that was within his knowledge to address; thus, jury instruction pursuant to CALCRIM No. 361 was not error.
Criminal Law and Procedure 1DCA/1 May 22, 2019
Citizens Oversight v. Vu
The California Public Records Act, through Election Code Sections 15370 and 17301, specifically and clearly protected ballots from public disclosure, so the court was bound by the provisions' plain meaning.
statutory_interpretation 4DCA/1 May 22, 2019
Richard Molina v. The Superior Court of Orange County
A superior court judge cannot mandate another superior court judge to vacate a judgment; thus, the writ of mandamus is denied.
Criminal Law and Procedure 4DCA/3 May 21, 2019
Mission Product Holdings, Inc. v. Tempnology, LLC
Bankruptcy debtor's rejection of an executory contract under Bankruptcy Code Section 365 had the same effect as breach of the contract outside bankruptcy, and rejection did not rescind previously-granted rights.
Bankruptcy USSC May 21, 2019
Modification: People v. Carter
Multiple punishments were justified under Penal Code Section 654 when it was reasonable to find defendant's objective in robbing victim was independent of his objective in murdering him.
Criminal Law and Procedure 4DCA/1 May 21, 2019
Murray v. BEJ Minerals
Order
9th May 21, 2019
People v. Reyes
Trial court abused discretion by excluding as unreliable confession by co-defendant that firearm in question belonged to him, especially when confession had provided support for earlier case against that co-defendant.
Criminal Law and Procedure 1DCA/2 May 21, 2019
Jose Alanniz v. William Barr
Petitioner's parole did not qualify as an 'admission' under 8 U.S.C. Section 1229b(a), and petitioner's conviction within seven years of obtaining lawful permanent resident status made him ineligible for cancellation of removal.
Immigration 9th May 21, 2019
Herrera v. Wyoming
Tribe's hunting rights under Treaty did not expire upon Wyoming's statehood; thus, judgment of state appellate court vacated.
Native American Affairs USSC May 21, 2019
Barber v. CA State Personnel Bd.
Appellant not entitled to increased tax liability recovery under Government Code Section 19584 caused by receiving lump sum of back pay award for improper termination of employment.
Government 4DCA/2 May 21, 2019
Paxton v. Bd. of Admin., CalPERS
Department of Social Services consultant's bonuses were not pensionable because they meant to compensate for additional work outside regular duties, despite completion of the extra work within normal work hours.
Administrative Agencies California Courts of Appeal May 21, 2019
Merck Sharp & Dohme Corp. v. Albrecht
Court of Appeals treated pre-emption question as one of fact, not law, and it did not have an opportunity to consider fully the standards described; thus, judgment vacated and remanded.
Consumer Law USSC May 21, 2019
People v. Montiel
The plain language and structure of Penal Code Section 1202.4(k)(3) led to conclusion that parents of children who are sexually abused may be awarded restitution for noneconomic losses.
Criminal Law and Procedure 1DCA/1 May 20, 2019
People v. Jimenez
Defendant's due process rights were violated when trial court imposed terms of 25 years to life based on unpleaded sentencing enhancements, of which defendant was not put on notice.
Criminal Law and Procedure 6DCA May 20, 2019
People v. Smith
Penal Code Section 1381 does not apply to a probation violation proceeding in which defendant was previously sentenced to a specific term, but execution of that sentence was suspended.
Criminal Law and Procedure 2DCA/2 May 20, 2019
Colombo v. Kinkle, Rodiger & Spriggs
Res judicata barred vexatious litigant's second request to file the same claims against the same defendants after a determination on the merits was made denying the first request.
Civil Procedure 4DCA/3 May 20, 2019
In re Robinson
Proposition 66 allows petitions filed before its enactment to be subject to its procedures; thus, the Supreme Court's order to show cause for habeas corpus is discharged.
Criminal Law and Procedure 2DCA/2 May 20, 2019
Inzana v. Turlock Irrigation Dist. Bd. of Directors
Substantial evidence supported finding that trees planted too close to pipeline easement unreasonably interfered with Irrigation District's rights to ingress and egress; thus, tree removal order was proper.
Water Rights 5DCA May 20, 2019
Modification: In re McGhee
Proposition 57 mandates parole consideration after inmates serve full term of primary offense; 'two-tiered' system disqualifying certain otherwise eligible-inmates does not comport with the proposition.
Criminal Law and Procedure 1DCA/4 May 20, 2019
Mazik v. GEICO General Insurance Co.
Insurance company's regional liability administrator who had authority over the settlement of claims fit the definition of 'managing agent' involved in any act of bad faith under Civil Code Section 3294(b).
Insurance 2DCA/2 May 20, 2019
Martinez-Cedillo v. Barr
Order
9th May 20, 2019
Lambert v. Tesla
Under the reasoning of 'EEOC v. Luce, Forward, Hamilton & Scripps' addressing the arbitrability of Title VII claims, Section 1981 claims are also arbitrable.
Arbitration 9th May 20, 2019
In re Marriage of George & Deamon
The family court did not err in awarding sanctions based on declaration and documentary evidence alone; thus, the order is affirmed.
Family Law 4DCA/1 May 20, 2019
In re Marriage of Kent
At the time it ruled, family court lacked jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act to modify North Carolina order; thus, family court's order reversed.
Family Law 4DCA/1 May 20, 2019
County L.A. Dept. Pub. Social Svcs. v. Civil Svc. Com. L.A. County
County Civil Service Commission lacked jurisdiction over appellant's appeal that did not concern discrimination, discharge, or reduction, as required by Los Angeles County Charter Sections 35(4) and 35(6).
Government 2DCA/2 May 17, 2019
U.S. v. Singh
The federal government's plenary power under the Constitution provided Congress with power to prohibit foreign nationals from donating and contributing to state and local elections under the Federal Election Campaign Act.
Criminal Law and Procedure 9th May 17, 2019
Garcia v. U.S.
Defendant failed to meet the constitutional requirement in 28 U.S.C Section 2255(h)(2); thus, the denial of his application for authorization to file a second or successive petition was affirmed.
Criminal Law and Procedure 9th May 17, 2019
People v. Dalton
Although trial court erred in imposing death sentence based upon conspiracy conviction because conspiracy to commit murder does not render a defendant death eligible, substantial evidence supported defendant's conviction for first-degree murder.
Criminal Law and Procedure CASC May 17, 2019
Gadlin (Gregory) on H.C.
Order
CASC May 17, 2019