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Wade v. Superior Court
Principles behind military diversion and purpose of Penal Code Section 1001.80 are rehabilitative, irrespective of misdemeanor charged; thus, defendant may be suitable for placement in military diversion program.
Criminal Law and Procedure 6DCA Apr. 1, 2019
Jackpot Harvesting, Inc. v. Applied Underwriters, Inc.
A collateral agreement materially modifying the dispute resolution terms of an insurance policy must be submitted along with the policy for regulatory approval under Insurance Code Section 11658.
Insurance 6DCA Apr. 1, 2019
In re J.C.
While probation officer has supervision and control over minors, juvenile court retains ultimate authority to determine whether and when minors successfully complete programs; thus, disposition order did not delegate authority to probation officer.
Juveniles 1DCA/5 Apr. 1, 2019
People v. Warren
The Supreme Court has recognized that the crime of indecent exposure invariably entails no physical aggression or even contact; thus, trial court erred in denying defendant's petition.
Criminal Law and Procedure 2DCA/6 Apr. 1, 2019
People v. Salinas-Jacobo
Discharge of a juror for misconduct requires the trial court set forth its reasoning relying on evidence that supports its conclusions that the juror could not perform.
Criminal Law and Procedure 1DCA/2 Apr. 1, 2019
Connelly v. Bornstein
Code of Civil Procedure section 340.6, governs malicious prosecution claims against attorneys who perform professional services in the underlying litigation.
Attorneys 1DCA/5 Apr. 1, 2019
People v. Morales
Because trial court reviewed an ambiguous record of defendant's convictions in order to find true prior strike allegations against him, it violated his constitutional right to a jury trial; thus, matter was remanded.
Criminal Law and Procedure 1DCA/4 Apr. 1, 2019
Chen v. Berenjian
Litigation privilege does not extend to levying on property pursuant to a scheme to defeat a creditor's rights, violating the Uniform Voidable Transactions Act, because such conduct is not communicative.
Civil Procedure 4DCA/3 Apr. 1, 2019
Molinaro v. Molinaro
Piece of restraining order forbidding Facebook posts about divorce are unconstitutionally overbroad prior restraints.
Family Law 2DCA/3 Apr. 1, 2019
In re C.W.
Finding a child is at risk in a parent's custody and yet ordering the child placed with that parent is abuse of discretion, thwarts purpose of dependency juvenile courts.
Dependency 1DCA/2 Apr. 1, 2019
Americans For Prosperity Foundation v. Becerra
Order
9th Apr. 1, 2019
People v. Wilson
Admission of statistical evidence as to rarity of false sexual assault allegations inadmissible, because not helpful to jury regarding specific allegation at issue.
Criminal Law and Procedure 1DCA/4 Mar. 29, 2019
Marriage of Brooks
Substantial evidence supported trial court's finding that contributions of others, rather than Husband's contributions, caused increase in business's value after date of marriage; thus, 'Van Camp' apportionment method was properly applied.
Family Law 6DCA Mar. 29, 2019
Valdez v. Seidner-Miller, Inc.
Correction offer under Civil Code Section 1782(b) that would bar claims not subject to Consumer Legal Remedies Act notice requirements, and was conditioned on unilateral subjective determinations, was inappropriate.
Consumer Law 2DCA/7 Mar. 29, 2019
Johnson v. Raytheon Co.
An independent contractor's employee who suffers a work-related injury and seeks recovery from the contractor's hirer must meet either the *Hooker* or *Kinsman* exception to *Privette*.
Employment Law 2DCA/8 Mar. 29, 2019
Farmers & Merchants Trust Co. v. Vanetik
A contract will be enforced if it is sufficiently definite for the court to ascertain the parties' obligations and to determine if those obligations have been performed or breached.
Contracts 4DCA/3 Mar. 29, 2019
Donohue v. AMN Services
Order
4DCA/1 Mar. 29, 2019
Stancil v. Superior Court (Redwood City)
Order
1DCA/4 Mar. 29, 2019
Yahoo! v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania
Order
CASC Mar. 29, 2019
U.S. v. Artis
After district court properly struck portions of government's affidavit recounting facts establishing probable cause to believe defendant was engaged in credit card fraud, affidavit failed to support finding of probable cause.
Criminal Law and Procedure 9th Mar. 29, 2019
Aguirre Barbosa v. Barr
Under the theft framework, a violation of Oregon Revised Statutes Section 164.395, a crime of robbery in the third degree, is not categorically a crime involving moral turpitude.
Immigration 9th Mar. 29, 2019
Gardner v. Superior Court
Prosecution's pretrial appeal of suppression motion is 'critical stage' of criminal process; California Constitution guarantees misdemeanor appellee's right to appointed counsel.
Constitutional Law 4DCA/2 Mar. 29, 2019
In re H.W.
Liability under Penal Code Section 466 requires intent to use a qualifying tool to break or gain entry into a structure to commit theft or any felony within the structure.
statutory_interpretation 3DCA Mar. 29, 2019
People v. Potts
Rational trier of fact could have found that killings were deliberate and premeditated; defendant brought hatchet, his motive was to steal, and he plunged a lethal weapon into victims' chests.
Criminal Law and Procedure CASC Mar. 29, 2019
Lorenzo v. SEC
Rule 10(b) subsections (a) and (c) 'capture a wide range of conduct,' including the 'dissemination of false or misleading information with the intent to defraud,' whether or not disseminator was 'writer' of information.
Securities USSC Mar. 28, 2019
Grossman v. Santa Monica-Malibu Unified School Dist.
Under Education Code Section 38134(i)(1), school district is not liable for injuries resulting from the negligence of a booster group using school facilities without school district's supervision or input.
Torts 2DCA/7 Mar. 28, 2019
People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome.
Criminal Law and Procedure 3DCA Mar. 28, 2019
People v. Castellano
A defendant who fails to make a timely objection or motion to strike evidence at trial may not later claim that the admission of the evidence was error.
Criminal Law and Procedure 2DCA/7 Mar. 28, 2019
Last Frontier Healthcare Dist. v. Superior Ct.
Giving notice of intent to sue under Code of Civil Procedure Section 364 does not impact jurisdictional deadlines underlying an application for relief from the Government Claims Act.
Civil Procedure 3DCA Mar. 28, 2019
Olson v. Hornbrook Community Services Dist.
District violated Ralph M. Brown Act because it failed to adequately describe items it acted on in its consent agenda; thus, plaintiffs stated cause of action under Government Code Section 54960.1.
Government 3DCA Mar. 28, 2019