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Landau v. Superior Court
Sexually Violent Predator Act was amended to allow district attorneys the explicit authority to subpoena a sexually violent predator's otherwise confidential medical records; thus, petitioner's motion to quash subpoena properly denied.
statutory_interpretation 4DCA/3 Mar. 11, 2019
Southcott v. Julian-Cuyamaca Fire Protection Dist.
District dissolution, subject to a pervasive state regulatory scheme, is an administrative act of local government controlled by the Reorganization Act, and referendum is inappropriate to challenge proposed dissolution.
Government 4DCA/1 Mar. 11, 2019
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 Mar. 11, 2019
Marriage of Wong
When all orders issued in a dispute would technically be postjudgment orders, injunctive orders are appealable and preliminary orders regarding discovery or joinder are not.
Civil Procedure 4DCA/3 Mar. 11, 2019
Boschetti v. Pacific Bay Investments Inc.
California courts lack jurisdiction to order dissolution of foreign state LLC's and LP's when the controlling foreign state's laws do not provide for compulsory buyout rights.
statutory_interpretation 1DCA/4 Mar. 11, 2019
Anderson v. State Farm
The thirty-day removal clock under Code of Civil Procedure Section 1446(b)(1) begins to run when the defendant, not a statutorily designated agent, receives the complaint.
Civil Procedure 9th Mar. 11, 2019
Juen v. Alain Pinel Realtors, Inc.
The policy of a business to take certain actions under certain circumstances is by itself insufficient evidence to establish that the policy was adhered to on a specific occasion.
Evidence 6DCA Mar. 8, 2019
Thuraissigiam v. U.S. Dept. of Homeland Security
8 U.S.C. Section 1252(e)(2) violated the Suspension Clause by failing to provide a meaningful opportunity for petitioner to show he was being held under erroneous application or interpretation of law.
Immigration 9th Mar. 8, 2019
Mairena v. Barr
Board of Immigration Appeals may consider sentencing enhancements in determining that a petitioner was convicted of a per se particularly serious crime for purposes of withholding of removal.
Immigration 9th Mar. 8, 2019
DW Aina Le'A Development v. State of Hawaii Land Use Commission
Order
9th Mar. 8, 2019
Modification: People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware.
Criminal Law and Procedure 2DCA/2 Mar. 8, 2019
Modification: Anderson v. Shiomoto
Person with 'a disorder characterized by lapses of consciousness' may be refused issuance or renewal of driver's license under Vehicle Code Section 12806(c) despite not suffering lapse within three years.
Administrative Agencies 4DCA/2 Mar. 7, 2019
Citrus El Dorado v. Chicago Title Co.
Trustee's sale of real property following nonjudicial foreclosure is subject to tort liability only for the violation of duties established by the deed of trust and governing statutes; thus, defendant's demurrer properly sustained.
Real Property 4DCA/2 Mar. 7, 2019
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 Mar. 7, 2019
People v. Kelly
Certificate of probable cause was required to appeal because defendant challenged the sentence to which she agreed as an integral part of the plea agreement; thus, appeal was dismissed.
Criminal Law and Procedure 2DCA/6 Mar. 7, 2019
People v. Camacho
Defendants moving to vacate a conviction due to prejudicial erroneous information provided by counsel regarding immigration consequences need not meet the *Strickland v. Washington* test showing ineffective assistance of counsel.
Criminal Law and Procedure 2DCA/2 Mar. 7, 2019
In re D.D.
Substantial evidence supported juvenile court's findings that the previous disposition of returning the children to mother's custody had not been effective in protecting the children under Welfare and Institutions Code Section 387.
Dependency 3DCA Mar. 7, 2019
People v. Johnson
Senate Bill No. 620 provides trial courts discretion to strike firearm enhancements in limited circumstances, but does not apply when appellant's judgment of conviction is final.
Criminal Law and Procedure 2DCA/6 Mar. 6, 2019
Preven v. City of Los Angeles
Brown Act violation when plaintiff was denied the opportunity to address the city council at a special meeting based on his comment at a prior committee meeting; thus, dismissal was reversed.
Government 2DCA/1 Mar. 6, 2019
People v. Smith
After a defendant makes a prima facie showing the prosecutor exercised a peremptory challenge based on race, the prosecutor must demonstrate the challenges were made for bona fide race-neutral reasons.
Criminal Law and Procedure 1DCA/4 Mar. 5, 2019
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. 5, 2019
Fourth Estate Pub. Benefit Corp. v. Wall-Street.com
Under 17 U.S.C. Section 411(a), 'registration has been made' not when an application for registration is filed, but when the Register has registered a copyright after examining a properly filed application.
Copyright USSC Mar. 5, 2019
BNSF R. Co. v. Loos
Lost wages awarded to an injured railroad worker under the Federal Employers' Liability Act are generally "compensation" under the Railroad Retirement Tax Act, and are thus taxable.
Employment Law USSC Mar. 5, 2019
Rimini Street, Inc. v. Oracle USA, Inc.
Copyright Act gives courts discretion to award 'full costs' to a party in copyright litigation but courts may not award litigation expenses not specified in Sections 1821 and 1920 absent explicit authority.
Copyright USSC Mar. 5, 2019
Fabian-Baltazar v. U.S.
Order
USSC Mar. 5, 2019
Iancu v. Nantkwest Inc.
Order
USSC Mar. 5, 2019
Spreitz v. Ryan
In evaluating defendant's long-term alcohol and substance abuse, Arizona Supreme Court applied its causal nexus test in violation of 'Eddings v. Oklahoma' and refused to consider it in assessing nonstatutory mitigating circumstances.
Constitutional Law 9th Mar. 5, 2019
Iopa v. Saltchuk-Young Brothers
Excusable neglect analysis is proper when evaluating an untimely petition for attorney's fees under the Longshore Act, and a lack of excusable neglect provides grounds to strike untimely petitions.
statutory_interpretation 9th Mar. 5, 2019
U.S. v. Gilton
Where a magistrate judge erroneously grants a search warrant without supporting probable cause, but police have no reason to question the magistrate's decision, the exclusionary rule will not apply.
Criminal Law and Procedure 9th Mar. 5, 2019
Cal Fire Local 2881 v. Cal. Pub. Employees' Retirement System
Statutory-enacted benefit allowing opportunity for purchase of pension-enhancing credits is not within protection of California Constitution contract clause; may be eliminated by statutory amendment.
Government CASC Mar. 5, 2019