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Point San Pedro Road Coalition v. County of Marin
Marin County's approval of Resolution No. 2015-108 unlawfully extended or enlarged San Rafael Rock Quarry Inc.'s nonconforming use, violating Marin County Code Section 22.122.010.A and the County's zoning ordinance.
Real Property 1DCA/3 Apr. 5, 2019
Mutee v. U.S.
Conviction under North Carolina's breaking-or-entering statute qualifies as predicate felony under Armed Career Criminal Act after Court in 'United States v. Stitt' held that generic burglary includes burglary of mobile structures.
Criminal Law and Procedure 9th Apr. 5, 2019
People v. Aranda
Trial court's failure to receive partial acquittal verdict on first degree murder when jury indicated it acquitted on that offense rendered declaration of mistrial without legal necessity; thus, dismissal of that charge affirmed.
Criminal Law and Procedure 4DCA/2 Apr. 5, 2019
T-Mobile West LLC v. City and County of San Francisco
San Francisco Ordinance No. 12-11, requiring permits for installation or maintenance of wireless equipment along public rights-of-way, was not preempted by Public Utilities Code Section 7901, nor violated Section 7901.1.
statutory_interpretation 1DCA/5 Apr. 5, 2019
In re J.G.
A juvenile court may impose reasonable conditions on probation orders so long as they are tailored to specifically meet the needs of the juvenile.
Juveniles 2DCA/6 Apr. 5, 2019
Friends of Spring Street v. Nevada City
Trial court erroneously determined plaintiff was not successful at a practical level, and abused its discretion finding plaintiff did not enforce an important right affecting public interests.
Civil Procedure 3DCA Apr. 5, 2019
Modification: Sass v. Cohen
'Cassel' not good law; complaint for accounting must plead specific damage amount sought; amount awarded in default judgment over amount sought is void.
Civil Procedure 2DCA/2 Apr. 5, 2019
Shoen v. Zacarias
Trial court's grant of an irrevocable license was an abuse of discretion because the court construed the 'substantial expenditure' requirement too permissively; thus, grant of irrevocable license reversed.
Real Property 2DCA/2 Apr. 5, 2019
Western Heritage Insurance Co. v. Frances Todd, Inc.
Generally, subrogation is not permitted when the policy is intended by the parties to the lease to benefit the lessee.
Insurance 1DCA/5 Apr. 4, 2019
National Asian American Coalition v. Newsom
Trial court may order retransfer of funds the director of finance unlawfully appropriated from the National Mortgage Special Deposit Fund to the General Fund without violating separation of powers principles.
Government 3DCA Apr. 4, 2019
Grafilo v. Wolfsohn
A Department of Consumer Affairs subpoena issued during a Medical Board investigation seeking production of patients' medical records must be supported by good cause justifying invasion of patient privacy.
Health Care 2DCA/1 Apr. 4, 2019
Modification: People v. Joseph
Filing a false CHP-180 form violates Vehicle Code Section 10501(a) and commonly results in violation of Penal Code Section 118, so the specific Section 10501(a) preempts the general Section 118.
statutory_interpretation 2DCA/5 Apr. 4, 2019
Workman v. Colichman
Communication only affecting small group of interested buyers in private home does not constitute 'public issue' under anti-SLAPP law. Appeal over anti-SLAPP motion denial sanctioned.
Anti-SLAPP 2DCA/4 Apr. 4, 2019
Bank of America v. Arlington West Twilight HOA
A private lender can preserve its first deed of trust on a property and help homeowners explore alternatives to foreclosure by paying off the superpriority portion of the homeowners Association Lien.
Real Property 9th Apr. 4, 2019
Komorsky v. Farmers Insurance Exchange
Insurance Code Section 11580.2(a)(1) expressly excludes umbrella automobile insurance policies, and a policy's plain language, not the language of an underlying policy, determines who shall be paid benefits.
Insurance 2DCA/4 Apr. 3, 2019
Kansas v. Glover
Order
USSC Apr. 2, 2019
Biestek v. Berryhill
Vocational expert's refusal to provide private market-survey data upon applicant's request does not categorically preclude the expert's testimony from counting as substantial evidence.
Evidence USSC Apr. 2, 2019
Bucklew v. Precythe
Eighth Amendment 'does not guarantee a prisoner a painless death;' where prisoner's suggested execution alternative is not 'feasible' and 'readily implemented,' it cannot provide basis for relief.
Constitutional Law USSC Apr. 2, 2019
People v. Weir
Penal Code Section 530.5(c)'s identity theft provision not subject to reclassification under Proposition 47; Section 490.2's petty theft provision only reclassifies theft offenses, and violation of Section 530.5(c) is a nontheft offense.
Criminal Law and Procedure 4DCA/1 Apr. 2, 2019
Rel v. Pacific Bell Mobile Services
The death knell doctrine does not apply to a pretrial order that does not qualify as a trial for Code of Civil Procedure Section 583.310 purposes.
Civil Procedure 1DCA/5 Apr. 2, 2019
Estate of Herzog
Code of Civil Procedure Section 1930 states that in order for the mark on a document to be an official 'seal,' it must include a signature by a public official.
probate_and_trusts 4DCA/2 Apr. 2, 2019
Mesa RHF Partners v. City of Los Angeles
Under Code of Civil Procedure Section 664.6 court may retain jurisdiction to enforce settlement if request is made by parties themselves; thus, trial court was without jurisdiction when counsel made such request.
Civil Procedure 2DCA/1 Apr. 2, 2019
Bravo v. RADC Enterprises, Inc.
The choice-of-law clause in an arbitration agreement that states "the laws of the State of California will apply" is consistent with the parties' intent to arbitrate all disputes.
Employment Law 2DCA/8 Apr. 2, 2019
People v. Chamagua
Where law enforcement officers 'simply ask questions,' consensual encounter does not implicate Fourth Amendment.
Constitutional Law 2DCA/8 Apr. 2, 2019
Wright v. County of San Mateo
Although plaintiffs formed LLC to enable construction loan, for purposes of Revenue and Taxation Code Section 69.5, plaintiffs' replacement dwelling was 'newly constructed' by plaintiffs, not LLC; thus, summary judgment reversed.
Tax 1DCA/4 Apr. 2, 2019
Walnut Creek Police Officers' Assn. v. City of Walnut Creek
Order
1DCA/4 Apr. 2, 2019
Amended Opinion: Martin v. City of Boise
The Eighth Amendment's prohibition on cruel and unusual punishment bars city from prosecuting individuals criminally for sleeping outside on public property where said individuals have no home or available shelter elsewhere.
Constitutional Law 9th Apr. 2, 2019
Sanchez v. Barr
Order
9th Apr. 2, 2019
Zakaryan v. The Men's Warehouse, Inc.
No portion of a Private Attorneys General Act claim is "private" and PAGA claims cannot be split into separate claims for underpaid wages and for per-pay-period penalties.
Employment Law 2DCA/2 Apr. 1, 2019
JPMorgan Chase Bank, N.A. v. Ward
Although defendant did not indicate his signing capacity, deed of trust conveyed good title to property; thus, judgment was reversed.
Real Property 4DCA/1 Apr. 1, 2019