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People v. Maya
Compliance with prison regulations in an institutional setting does not satisfy the requirement for an 'honest and upright life' provided by Penal Code Section 1203.4a.
Criminal Law and Procedure 2DCA/6 Mar. 22, 2019
Obduskey v. McCarthy & Holthus LLP
Law firm engaged in no more than nonjudicial foreclosure proceedings is not a 'debt collector' under Fair Debt Collection Practices Act; thus, act's other requirements did not apply.
Real Property USSC Mar. 21, 2019
Frank v. Gaos
'Spokeo' standard that 'concrete injury' is required for standing even in context of statutory violation requires remand of class action suit over Stored Communication Act violations.
Constitutional Law USSC Mar. 21, 2019
Barenborg v. Sigma Alpha Epsilon Fraternity
The special relationship exception for duty of care does not apply for a negligence cause of action between a national fraternity and its local chapters
Torts 2DCA/4 Mar. 21, 2019
Marriage of C.T. and R.B.
Courts considering changing physical custody of a child shall consider factors stated in *In re Marriage of LaMusga* and decline relocation if it is not in the child's best interest.
Family Law 4DCA/2 Mar. 21, 2019
Jarvis v. Jarvis
Disqualification of attorney representing partnership affirmed; attorney was paid and directed by one partner, his representation may not be in the best interests of Partnership, and he may unnecessarily deplete assets.
Attorneys 6DCA Mar. 21, 2019
People v. Medina
"Kill zone" jury instructions are inappropriate when defendant lacked a primary target and did not specifically intend to kill everyone in the area around that target to ensure his death.
Criminal Law and Procedure 2DCA/1 Mar. 21, 2019
Herrera v. City of Palmdale
Because state nuisance enforcement action brought by City was a civil enforcement proceeding akin to criminal prosecutions, abstention in an action brought pursuant to 42 U.S.C. Section 1983 was proper.
Civil Rights 9th Mar. 21, 2019
Jessop v. City of Fresno
The Fourth and Fourteenth Amendment do not apply when there is theft by city officers who execute a valid search warrant and have qualified immunity
Civil Rights 9th Mar. 21, 2019
Duran-Rodriguez v. Barr
Two death threats, without concrete action and allowing recipient's relocation within Mexico, were insufficient to establish past persecution, fear of future persecution, or qualification for relief under the Convention Against Torture.
Immigration 9th Mar. 21, 2019
Ione Valley Land, Air, and Water etc. v. County of Amador
Where issues with original environmental impact report were or could have been litigated in initial challenge, such issues are precluded by res judicata from being re-raised against revised report.
Environmental Law 3DCA Mar. 21, 2019
Washington State Dept. of Licensing v. Cougar Den, Inc.
The Yakama Treaty of 1855 created a right for Yakama Nation members to be exempt from state taxes on off-reservation commercial activity making use of public highways.
Native American Affairs USSC Mar. 20, 2019
Nielsen v. Preap
Adverb cannot modify noun; thus mandatory detention provision applies to individuals apprehended by DHS years after their release relating to qualifying predicate offenses.
Immigration USSC Mar. 20, 2019
Air & Liquid Systems Corp. v. DeVries
In maritime tort context, manufacturer has duty to warn when manufacturer's product requires later incorporation of dangerous part, such as asbestos, in order for integrated product to function as intended.
Maritime Law USSC Mar. 20, 2019
Martinez-Cedillo v. Barr
Order
9th Mar. 20, 2019
Phongmanivan v. Haynes
Order
9th Mar. 20, 2019
Pinkney v. U.S.
Order
USSC Mar. 19, 2019
Kansas v. Garcia
Order
USSC Mar. 19, 2019
Mathena v. Malvo
Order
USSC Mar. 19, 2019
Ramos v. Louisiana
Order
USSC Mar. 19, 2019
Kahler v. Kansas
Order
USSC Mar. 19, 2019
Garcia v. Salvation Army
Title VII of Civil Rights Act of 1964's religious organization exemption foreclosed plaintiff's claims for hostile work environment and retaliation against defendant; thus, summary judgment was proper.
Employment Discrimination 9th Mar. 19, 2019
Morris v. California Physicians' Service
The Medical Loss Ratio provision in the Affordable Care Act makes no distinction between in-network and out-of-network providers; thus, district court's dismissal was proper.
Health Care 9th Mar. 19, 2019
Boyer v. Ventura County
Minimum candidate ballot qualifications for the office of county sheriff under Government Code Section 24004.3 do not conflict with, nor are preempted by, the California Constitution.
Government 2DCA/6 Mar. 19, 2019
People v. Chatman
Under Proposition 47, identity theft can be treated as a misdemeanor, if the value of the personal identifying information does not exceed $950, as petty theft under Penal Code Section 490.2.
Criminal Law and Procedure 1DCA/4 Mar. 19, 2019
Synergy Project Management, Inc. v. City and County of S.F.
Objective of Public Contract Code Section 4107(a) is to prevent bid peddling and bid shopping and no risk existed when prime contractor wanted to retain subcontractor; thus, City's substitution of subcontractor was valid.
statutory_interpretation 1DCA/1 Mar. 18, 2019
U.S. v. Korte
Warrantless placement of a GPS tracker on a parolee's car was permissible in light of 'United States v. Johnson' which held that the warrantless search of a parolee's cell phone was permissible.
Criminal Law and Procedure 9th Mar. 18, 2019
VHT Inc. v. Zillow Group
The mere possibility of future display of another's copyrighted images did not violate the copyright owner's display right, and an alleged infringer's active participation is required for direct infringement.
Copyright 9th Mar. 18, 2019
Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation
Defendant prevailing on anti-SLAPP motion is entitled to attorney fees under Code of Civil Procedure Section 425.16(c) despite the fee-shifting provision of the Cartwright Act.
Anti-SLAPP 1DCA/2 Mar. 18, 2019
Modification: People v. Perry
Although Proposition 64 legalized possession of not more than 28.5 grams of cannabis, it did not affect cannabis laws in prison; thus, appellant was not entitled to resentencing.
Criminal Law and Procedure 1DCA/2 Mar. 18, 2019