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U.S. v. Rodriguez
In 18 U.S.C. Section 3582(c)(2) sentence reduction proceedings, the court must determine the drug quantity attributable to the defendant and may conduct supplemental fact-finding if necessary to make this determination.
Criminal Law and Procedure 9th Apr. 25, 2019
Emulex Corp. v. Varjabedian
Order
USSC Apr. 24, 2019
Oxford Preparatory Academy v. Edlighten Learning Solutions
Trial court erred in denying petition to compel arbitration because subsequent termination agreement did not supersede the arbitration clause in the prior agreement.
Contracts 4DCA/3 Apr. 24, 2019
County of San Diego Dept. of Child Support Services v. C.A.
Under Family Code Section 3951(a), parent is not obligated to compensate relative for voluntary support of parent's child, but once relative has legal physical custody, support is no longer voluntary.
Family Law 4DCA/1 Apr. 24, 2019
Western Watersheds Project v. Grimm
Plaintiffs alleging procedural injury need only show they have a procedural right that, if exercised, even if only on a temporary basis, could protect their concrete interests.
Civil Procedure 9th Apr. 24, 2019
Lopez-Aguilar v. Barr
Although Oregon Revised Statutes Section 164.395 incorporates theft by deception and generic theft does not, it was merely theoretical that Oregon would prosecute such conduct; thus, it qualified as categorical theft offense.
Immigration 9th Apr. 24, 2019
Acosta v. City National Corp.
Additional offsets from a self-dealing damages award will not be awarded when the party seeking offsets cites estimated or average expenses incurred rather than adequate records of actual expenses.
Employment Law 9th Apr. 24, 2019
Redlin v. U.S.
If a second claim is deemed to be an amendment, it is untimely if it was mailed after an agency's final decision; thus the district court did not err in dismissing the action.
Torts 9th Apr. 24, 2019
John Doe v. Westmont College
College deprived student of fair hearing when Student Conduct Panel credited certain portions of nontestifying witnesses' statements based solely on investigative reports in finding student committed sexual assault.
Constitutional Law 2DCA/6 Apr. 24, 2019
Bostock v. Clayton County, GA
Order
USSC Apr. 23, 2019
Altitude Express Inc. v. Zarda
Order
USSC Apr. 23, 2019
R.G. & G.R. Harris Funeral Homes v. EEOC
Order
USSC Apr. 23, 2019
Citgo Asphalt Refining v. Frescati Shipping Co.
Order
USSC Apr. 23, 2019
Barton v. Barr
Order
USSC Apr. 23, 2019
Key v. Tyler
Anti-SLAPP statute applies to petition seeking enforcement of no contest clause, and movant's presentation of an underlying ruling provided sufficient evidence demonstrating probability of success on movant's No Contest Petition.
Anti-SLAPP 2DCA/2 Apr. 23, 2019
In re Taylor
Actions after the fact of robbery murder insufficient to show that accomplice acted with reckless indifference to human life.
Criminal Law and Procedure 1DCA/1 Apr. 23, 2019
U.S. v. Guerrero
After amendments to Federal Rule of Criminal Procedure 12, good-cause standard, rather than plain error review, continues to apply when defendant attempts to raise new theories on appeal for motion to suppress.
Criminal Law and Procedure 9th Apr. 23, 2019
People v. Novoa
Substantial evidence supported trial court's finding that counsel's representation of defendant fell below standard of reasonableness under prevailing professional norms when he failed to explain adverse immigration consequences of defendant's plea.
Criminal Law and Procedure 4DCA/1 Apr. 23, 2019
N.T. v. H.T.
Knowing violations of a TRO justified issuing a domestic violence restraining order (DVRO), and the particular acts alleged would have independently qualified as abuse supporting the issuance of a DVRO.
Family Law 4DCA/3 Apr. 23, 2019
Du-All Safety, LLC v. Superior Court
Defendant had right to supplement its expert witness exchange by adding experts to cover subjects on which other party indicated it planned to offer expert testimony; thus, trial court erred.
Civil Procedure 1DCA/2 Apr. 22, 2019
Lulac v. Wheeler
Order
9th Apr. 22, 2019
People v. Bipialaka
Defendant who donned mask with intent to scare others and who ran red light while swerving at cars in intersection properly conviction of assault with deadly weapon.
Criminal Law and Procedure 2DCA/8 Apr. 19, 2019
People v. Shiga
Penal Code Section 451 delineates a single offense of arson, and its subdivisions provide for sentencing depending on the burning's end result, so conviction under two subdivisions was improper.
Criminal Law and Procedure 2DCA/7 Apr. 19, 2019
U.S. v. State of California
The intergovernmental immunity doctrine and conflict preemption doctrine did not provide grounds for fully enjoining enforcement of California immigration statutes AB 450, AB 103, and SB 54.
Immigration 9th Apr. 19, 2019
People v. Superior Court (J.C. Penney Corp., Inc.)
Demurrer based on vagueness should not be sustained to complaint that stated a cognizable theory of liability under the statute which clearly applied to some or all of defendants' conduct.
Constitutional Law 2DCA/4 Apr. 18, 2019
Brown v. Goldstein
The text of parties' agreement, interpreted with aid of extrinsic evidence submitted, showed that parties intended that performance royalties would be included in revenue-sharing provision; thus, judgment reversed.
Contracts 2DCA/7 Apr. 18, 2019
Washington v. Ryan
Defense counsel's performance was ineffective when counsel failed to adequately investigate, develop, and present mitigating evidence to the jury at the penalty phase of defendant's capital punishment trial.
Criminal Law and Procedure 9th Apr. 18, 2019
Cox v. Griffin
Appellant barred from adding theory of malicious prosecution on appeal because it was not litigated in the trial court, and the facts presented at trial were conflicting rather than undisputed.
Civil Procedure 4DCA/1 Apr. 18, 2019
Xue Lu v. United States
Because district court did not have the benefit of 'Goodyear Tire & Rubber Co. v. Haeger' when it issued an award of attorneys' fees, it failed to apply the appropriate legal framework.
Government 9th Apr. 18, 2019
Summers v. Colette
No continuous directorship requirement should be read into Corporations Code Sections 5233(c), 5142(a), and 5223(a), and refusal to grant leave to amend to join an indispensable party was erroneous.
statutory_interpretation 2DCA/7 Apr. 17, 2019