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Wilson v. Southern California Edison Co.
Potential of harm due to stray voltage may support plaintiff's nuisance claim, where plaintiff is neighbor of electrical substation. 		Torts 2DCA/4 Mar. 27, 2018
People v. Partee
Defendant’s refusal to testify is sufficient to make defendant accessory after the fact to crime where defendant has duty to testify and intent to assist the perpetrator in avoiding punishment, trial, arrest, or conviction. 		Criminal Law and Procedure 2DCA/5 Mar. 26, 2018
People v. Mendez
Modified jury instruction asking jurors to base their finding on a particular outcome that was entirely speculative was misleading and thus had a prejudicial effect led to reversible error. 		Criminal Law and Procedure 1DCA/1 Mar. 26, 2018
Eng v. Brown
Court properly ruled entity with corporate nature not be deemed a partnership as a matter of law, in limine motion. 		Business Law 4DCA/1 Mar. 26, 2018
Covina Residents for Responsible Development v. City of Covina
Denial of writ petition affirmed where California environmental quality act exempts ‘parking impacts from CEQA review for qualifying infill projects located within a half-mile of a major transit stop.’ 		Environmental Law 2DCA/7 Mar. 26, 2018
In re E.D.
Evidence was insufficient to support a juvenile court's finding of dependency jurisdiction over a child, as there was no evidence of substantial risk of serious harm to the child. 		Juveniles 2DCA/1 Mar. 26, 2018
Hayes v. Temecula Valley Unified Sch. Dist.
Reassignment notice need only be sent to, or signed by, school administrator for it to be effective under Education Code timeliness provisions. 		Education 4DCA/1 Mar. 26, 2018
U.S. v. Kootswatewa
Statements made to medical expert that identify defendant and describe harm suffered are exception to hearsay where statements are made for purpose of medical diagnosis or treatment. 		Criminal Law and Procedure 9th Mar. 26, 2018
Fox v. Superior Court
Trial court improperly denied severely ill petitioner's motion for trial preference under Code of Civil Procedure Section 36(a), by applying mistakenly burdensome evidentiary standard. 		Civil Procedure 1DCA/4 Mar. 23, 2018
McGlynn v. State of California
Judges did not obtain vested right in retirement plan that was in effect at the time they were elected, but instead did so the date they took office. 		statutory_interpretation 1DCA/1 Mar. 23, 2018
Austin v. Medicis
Statute of limitations period not tolled under civil code of procedure section 340.6(a)(4) where plaintiff serving pretrial custody in county jail is not 'imprisoned on a criminal charge.' 		statutory_interpretation 2DCA/3 Mar. 23, 2018
Eleanor Licensing LLC v. Classic Recreations LLC
Cause of action for return of personal property is timely filed within requisite three-year limitations period where action is based on event that occurred just months before filing action. 		Civil Procedure 2DCA/7 Mar. 23, 2018
In re Christian K.
Court did not abuse its discretion when it denied dependent minor's request to postpone overseas trip in order to receive more therapy services prior to being adopted. 		Juveniles 1DCA/1 Mar. 23, 2018
Lawson v. ZB, N.A.
Order 		4DCA/1 Mar. 23, 2018
Regents of the University of California v. Superior Court (Los Angeles)
Based on special relationship doctrine, colleges owe students duty of care to protect them from 'foreseeable violence during curricular activities.' 		Torts 2DCA/7 Mar. 23, 2018
Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism
Defendant filing anti-SLAPP motion must move to strike within 60 days of service of the earliest complaint containing the cause of action defendant is attempting to strike. 		Civil Procedure 4DCA/3 Mar. 23, 2018
U.S. v. Paixao
Recipient of Veterans Affairs federal assistance need not be primary beneficiary to be convicted under federal statute forbidding misuse of 'benefits' derived from federal assistance program. 		Criminal Law and Procedure 9th Mar. 23, 2018
Lawrence v. Superior Court
Seizure and holding by CHP of antique car valued at one million dollars violate due process of person in possession of the car, where suspicion of theft not supported by preponderance of evidence. 		Civil Procedure 1DCA/1 Mar. 22, 2018
People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense. 		Criminal Law and Procedure 5DCA Mar. 22, 2018
Marinello v. U.S.
Nexus must exist between defendant's breach of tax law and particular IRS administrative action before defendant may be convicted of felony statutes forbidding interference with 'due administration' of Internal Revenue Code. 		Tax USSC Mar. 22, 2018
Ayestas v. Davis
Court misinterprets 18 U.S.C. Section 3599(f) where it interprets the section as requiring funding applicant to show ‘substantial need’ to obtain funds provided by section. 		Criminal Law and Procedure USSC Mar. 22, 2018
Delzer v. Berryhill
Order 		9th Mar. 22, 2018
Glazing Health & Welfare Fund v. Lamek
Unpaid contributions to employee benefit funds are not plan assets; employers contractually committed to make such payments are not fiduciaries under ERISA. 		probate_and_trusts 9th Mar. 22, 2018
Williams v. Gaye
Jury instruction as to scienter requirement in copyright case does not warrant new trial, particular where instructions, as a whole, make plain the applicable law. 		Copyright 9th Mar. 22, 2018
Cyan, Inc. v. Beaver County Employees Retirement Fund
Securities Litigation Uniform Standards Act of 1998 does not strip state courts of their jurisdiction over class actions claiming only 1933 Act violations. 		statutory_interpretation USSC Mar. 21, 2018
People v. Arredondo et al.
Prosecutor repeatedly referring to defendants as cockroaches amounts to misconduct, requires reversal of jury's gang findings. 		Attorneys 1DCA/4 Mar. 21, 2018
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. 		Environmental Law 9th Mar. 21, 2018
People v. Tran
Case remanded where juvenile sentencing hearing precedes decision that affords such offenders right to present evidence for possibility of future parole. 		Criminal Law and Procedure 4DCA/3 Mar. 21, 2018
Nielsen v. Preap
Order 		USSC Mar. 20, 2018
People v. Aguirre
Total amount of counterfeit currency possessed by defendant properly determines whether defendant qualifies for Prop 47 resentencing based on $950 benchmark. 		Criminal Law and Procedure 1DCA/1 Mar. 20, 2018
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