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City of Commerce v. Argumedo
Council member's record of conviction did not show his guilty plea to obstruction of justice constituted 'malfeasance in office' and it was not a crime specifically enumerated as a disqualifying conviction. 		Government 2DCA/1 Oct. 19, 2018
Orange Catholic Foundation v. Arvizu
Under Restatement Second of Trusts Section 205, the good faith exception imbues a court with the power to excuse a trustee from liability where he has acted honestly and reasonably. 		probate_and_trusts 4DCA/3 Oct. 19, 2018
People v. Valdez
Penal Code Section 243.9 applies to persons who are confined in any local detention facility, even when temporarily outside of the walls of the facility. 		Criminal Law and Procedure 2DCA/3 Oct. 19, 2018
Monterey Coastkeeper v. State Water Resources Control Board
Trial court's findings as to the inadequacy of State Board's tiering provisions of its modified waiver of discharge requirements was not supported by substantial evidence; thus the judgment was modified but otherwise affirmed. 		Environmental Law 3DCA Oct. 19, 2018
People v. Jones
Evidence Code Section 1101(b) clarifies that evidence of a person's conduct is admissible when that evidence is relevant to demonstrate a fact other than character or propensity. 		Criminal Law and Procedure 1DCA/2 Oct. 19, 2018
Pagnini v. Union Bank, N.A.
Counsel's mistake in misapprehending the time for filing an amended complaint was 'functional equivalent' of a default; thus, trial court erred in denying appellant's motion under Code of Civil Procedure Section 473(b). 		Civil Procedure 1DCA/5 Oct. 19, 2018
In re Complaint of Judicial Misconduct
Order 		9th Oct. 19, 2018
Lat v. Farmers New World Life Ins. Co.
Under the notice prejudice rule, an insurance company cannot deny an insured's claim under an occurrence policy based on lack of timely notice unless it shows actual prejudice from the delay. 		Insurance 2DCA/1 Oct. 18, 2018
Modification: Chacker v. JPMorgan Chase Bank, N.A.
Section 14 in deed of trust permits the lender to add attorney fees incurred to the outstanding amount owed; it does not authorize a separate fee award. 		Contracts 2DCA/5 Oct. 18, 2018
E.V. v. Robinson
Military judge's evidentiary ruling was allegedly a 'mistake of fact or law' and not beyond his authority; thus appellant's non-constitutional claims were 'against the government' and barred by sovereign immunity. 		Immunity 9th Oct. 18, 2018
Beach and Bluff Conservancy v. City of Solana Beach
Code of Civil Procedure Section 30801 provides that a person may file a Section 1094.5 petition for a writ of mandate for final decisions or actions made by the Commission. 		Civil Procedure 4DCA/1 Oct. 18, 2018
People v. Superior Court (Dominguez)
Company that makes DNA testing program is not 'part of prosecution team;' People cannot be compelled to disclose evidence or information, such as program source code, solely in company's possession. 		Criminal Law and Procedure 4DCA/1 Oct. 18, 2018
Mallano v. Chiang
Order 		2DCA/2 Oct. 17, 2018
Hashimi v. U.S.
Order 		USSC Oct. 16, 2018
People v. Hudson
Trial court's reliance on preliminary hearing transcript to determine whether appellant's prior conviction qualified as a serious felony and, in turn, a strike, was impermissible and violated the Sixth Amendment. 		Criminal Law and Procedure 5DCA Oct. 16, 2018
People v. Adams
Where trial court did not have opportunity to assess whether juvenile non-homicide offender would have 'meaning opportunity' to demonstrate 'fitness to reenter society in the future,' reconsideration of 35-year sentence must be reviewed. 		Criminal Law and Procedure 2DCA/5 Oct. 16, 2018
Modification: People v. Adams
The United States Supreme Court, has placed limitations on juvenile sentencing, such as, "no juvenile who commits a nonhomicide offense may be sentenced to life without the possibility of parole." 		Criminal Law and Procedure 2DCA/5 Oct. 16, 2018
U.S. v. Sellers
The rigorous discovery standard formed in 'United States v. Armstrong,' does not apply in the context of selective enforcement claims involving stash house reverse-sting operations. 		Criminal Law and Procedure 9th Oct. 16, 2018
Modification: CA Dept. of St. Hospitals v. A.H.
Not violation of Free Exercise Clause to require mentally disordered offender to consume antipsychotic drugs where offender is otherwise a danger to self and others, and where purported conflicting beliefs appear dubious. 		Constitutional Law 2DCA/6 Oct. 16, 2018
R.B. v. D.R.
Under the UCCJEA, if California is the home state of a child, a California court has exclusive jurisdiction, however, once a court finds that California is an inconvenient forum, another state thereby gains exclusive jurisdiction. 		Family Law 4DCA/2 Oct. 15, 2018
Durnford v. MusclePharm
Food, Drug, and Cosmetic Act did not preempt appellant's claim that Supplement's label misled consumers because it was premised on protein composition and not protein amount. 		Consumer Law 9th Oct. 15, 2018
People v. Yushchuk
No instructional error where jury was instructed separately on murder elements and there was no reasonable likelihood the jury would have employed the inference instructions to supplant the malice instructions for purposes of murder liability. 		Criminal Law and Procedure 3DCA Oct. 15, 2018
In re A.S.
Under the ICWA, tribal customary adoption is intended to provide an Indian child with the same stability and permanency as traditional adoption, without the termination of parental rights. 		Family Law 4DCA/1 Oct. 15, 2018
People v. Megown
Defendant's uncharged prior acts of domestic violence were admissible under Evidence Code Section 1109 with respect to cohabitant's mother because cohabitant was present; thus, the circumstances of these crimes involved domestic violence. 		Evidence 4DCA/1 Oct. 15, 2018
Modification: People v. Bailey
It is the oral declarations of the jurors - not the submission of the written verdict forms - that constitute the return verdict. 		Criminal Law and Procedure 2DCA/3 Oct. 12, 2018
B.(B.) v. County of Los Angeles
Order 		2DCA/3 Oct. 12, 2018
People v. Frazier
Order 		2DCA/5 Oct. 12, 2018
People v. Lemcke
Order 		4DCA/3 Oct. 12, 2018
Apelt v. Ryan
Order 		9th Oct. 12, 2018
Bunker Holdings v. Yang Ming Liberia
Appellant did not provide 'necessaries to a vessel on the order of...a person authorized by the owner' because fuel broker lacked authority to bind the vessel; thus its maritime lien failed. 		Maritime Law 9th Oct. 12, 2018
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