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Boatworks, LLC v. City of Alameda
Trial court erred in ruling City could not treat certain areas as parks, in order to analyze development impact fees needed to support new development.
Municipal Law 1DCA/4 May 17, 2019
California Charter Schools Assn. v. City of Huntington Park
Mere inquiries, requests, and meetings are not sufficient to show current and immediate threat to public health, safety and welfare in order to adopt an urgency ordinance under Government Code Section 65858.
Municipal Law 2DCA/3 May 17, 2019
Modification: SSL Landlord v. County of San Mateo
County Assessment Appeals Board's findings enabled reviewing court to trace and examine the agency's mode of analysis; thus, plaintiff not entitled to attorney fees under Revenue and Taxation Code Section 1611.6.
Tax 1DCA/3 May 17, 2019
Gomes v. Mendocino City Community Services Dist.
Ordinance requiring property owners to obtain groundwater extraction permit was void because it was not adopted pursuant to notice, hearing and protest procedures under Water Code Sections 10703-10706.
Water Rights 1DCA/4 May 16, 2019
Sands v. Walnut Gardens Condominium Assn.
Reasonable jurors could have concluded homeowners association breached covenants, conditions, and restrictions by failing to keep property unit in first class condition; thus, trial court erred in granting nonsuit judgment.
Contracts 2DCA/8 May 15, 2019
Global Financial Distributors v. Superior Court
Trial court erroneously ruled defendants' forum non conveniens motion was untimely solely because it was filed after defendants made a general appearance.
Civil Procedure 2DCA/7 May 15, 2019
Modification: People v. Salcido
The Immigration Consultant Act was not preempted by Department of Homeland Security regulations 8 C.F.R. Sections 1.1, 1.2, and 292.1 (2018) as to defendant.
Immigration 4DCA/2 May 15, 2019
U.S. v. Audette
Defendant who deliberated with counsel before stating he wished to proceed pro se and disagreed solely about the means of achieving objectives, knowingly, and intelligently waived assistance of counsel.
Criminal Law and Procedure 9th May 15, 2019
Adamson v. Port of Bellingham
Order
9th May 15, 2019
Moran v. The Screening Pros
'Connor v. First Student, Inc.'s holding that California's Investigative Consumer Reporting Agencies Act overlaps with Consumer Credit Reporting Agencies Act, foreclosed argument that the statutory scheme was unconstitutionally vague.
Consumer Law 9th May 15, 2019
County of Orange v. Seneca Insurance Co.
The trial court did not err in concluding appellant may not act as a surety on bail since the defendant failed to appear and the bail bond remained unpaid thereafter.
Criminal Law and Procedure 4DCA/3 May 15, 2019
People v. Zamora
Defendant was entitled to remand for the trial court to exercise its newly-granted discretion whether to strike firearm and serious felony enhancements under Senate Bills No. 620 and 1393.
Criminal Law and Procedure 4DCA/2 May 15, 2019
D.Z. v. Los Angeles Unified School Dist.
Because trial court drew a bright line excluding all evidence of teacher's conduct other than touching, it arbitrarily excluded evidence that was relevant to appellant's claim for negligence against school district.
Evidence 2DCA/4 May 15, 2019
Le Mere v. Los Angeles Unified School Dist.
Appellant's failure to comply with the Government Claims Act barred the cause of action alleging violations of Labor Code Section 1102.5.
Civil Procedure 2DCA/8 May 15, 2019
Franchise Tax Bd. of California v. Hyatt
States retain their sovereign immunity from private suits brought in courts of other States; thus, 'Nevada v. Hall' was overruled, and California Tax Board was immune from respondent's suit in Nevada.
Immunity USSC May 14, 2019
Cochise Consultancy, Inc. v. United States ex rel. Hunt
A relator-initiated, nonintervened suit is subject to the limitation periods in 31 U.S.C. Section 3731(b)(1) and (b)(2).
statutory_interpretation USSC May 14, 2019
Apple, Inc. v. Pepper
Plaintiffs who purchased apps from Apple's App Store were direct purchasers under 'Illinois Brick Co. v. Illinois' and may sue Apple for alleged monopolization of the iPhone app retail market.
Antitrust USSC May 14, 2019
Switzer v. Wood
Jury's specific and unequivocal finding of each factual element necessary to establish a violation of Penal Code Section 496(a) entitled prevailing party to treble damages under Section 496(c).
Civil Procedure 5DCA May 14, 2019
People v. Johnson
A trial court's assessment of defendant's ability to pay restitution and fines includes an assessment of defendant's ability to obtain prison wages; thus, restitution fine was affirmed.
Criminal Law and Procedure 1DCA/4 May 14, 2019
Kayer v. Ryan
There was a reasonable probability defendant's sentence would have been less than death if trial counsel had presented evidence of his mental illness at sentencing; thus, death sentence reversed.
Criminal Law and Procedure 9th May 14, 2019
In re R.G.
Penal Code Section 1170.95 applies to juvenile defendant whose murder allegation was sustained by the juvenile court on a natural and probable consequences theory prior to Senate Bill 1437's enactment.
Juveniles 2DCA/6 May 14, 2019
Modification: People v. Julian
Statistical probabilities go beyond the scope of the child sexual abuse accommodation syndrome theory; thus, the trial court erred in allowing expert witness to testify regarding statistical evidence.
Criminal Law and Procedure 2DCA/6 May 14, 2019
Front Line Motor Cars v. Webb
Section 2982.5 of the Rees-Levering Motor Vehicles Sales and Finance Act allows the sanctioning of dealers who do not intend in good faith to enter into bona fide credit-sales with buyers.
Commercial Law 4DCA/3 May 14, 2019
Prado v. Barr
Although appellant had her conviction, which deemed her removable, reduced to misdemeanor under California's Proposition 64, she remained removable under immigration law because it was reclassified for rehabilitative purposes.
Immigration 9th May 13, 2019
U.S. v. Fultz
Although Supreme Court invalidated 'residual clause' of Armed Career Criminal Act, defendant's robbery conviction qualified as 'crime of violence' under 'elements clause;' thus, he was ineligible for relief.
Criminal Law and Procedure 9th May 13, 2019
U.S. v. Ruvalcaba-Garcia
The district court's failure to make an explicit reliability finding before admitting expert testimony constituted an abuse of discretion; however, the error was harmless.
Criminal Law and Procedure 9th May 13, 2019
U.S. v. Orona
'Voisine v. United States' and 'Fernandez-Ruiz v. Gonzales' were not so irreconcilable that the court was not bound by 'Fernandez-Ruiz', which held Arizona Revised Statute Section 13-1203 was not a violent felony.
Criminal Law and Procedure 9th May 13, 2019
In re H.D.
Although mother failed to communicate with and financially support daughters for over a year while getting clean and sober, she did not intend to abandon them; thus, termination of parental rights reversed.
Family Law 4DCA/2 May 10, 2019
People v. Ramirez
Defendants, who committed crime at age 16 in 2007, were entitled to a juvenile court transfer hearing before resentencing and after remand under Proposition 57 and 'People v. Lara.'
Criminal Law and Procedure 4DCA/3 May 10, 2019
U.S. v. Carpenter
District court did not err in ordering public disclosure of defendant's duress defense in pre-trial offer of proof because right of access presumption can only be overcome by compelling reason.
Criminal Law and Procedure 9th May 10, 2019