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U.S. v. Studhorse
Attempted first degree murder conviction is proper basis for deeming defendant violent felon under 18 U.S.C. Section 16.
Criminal Law and Procedure 9th Mar. 5, 2018
Leyva v. Garcia
Where defendant shows causation is uncertain and plaintiff offers no further evidence, summary judgment in negligence proper as causation element 'remained an unknown matter.'
Torts 5DCA Mar. 5, 2018
Medical Board of California v. Superior Court
Accusation, notice of default, and revocation of doctor's license done through certified mail without return receipt required represents sufficient service.
Civil Procedure 1DCA/3 Mar. 5, 2018
People v. Aledamat
Where trial court allows legally incorrect jury instruction, reversal required unless record shows jury relied on legally sound instruction in reaching its conviction.
Criminal Law and Procedure 2DCA/2 Mar. 5, 2018
Sakai v. Massco Investments, LLC
Intervening conduct by a third party that is not a likely hazard which causes injury is unforeseeable under 'Rowland'
Torts 2DCA/1 Mar. 5, 2018
W.P. v. Superior Court
Welfare & Institutions Code statute allowing court to discontinue family reunification services misapplied where statute requires sibling group remain intact, but court had split them.
Juveniles 4DCA/2 Mar. 5, 2018
Lusnak v. Bank of America
Dodd-Frank provision providing for 'applicable state laws' requiring escrow account interest be paid indicates that state law so requiring is not preempted.
statutory_interpretation 9th Mar. 5, 2018
Weiss v. People ex rel. Department of Transportation
Statute applicable exclusively to eminent domain actions cannot be imported into body of inverse condemnation law in view of policy against case-dispositive motions in limine.
Civil Procedure 4DCA/3 Mar. 5, 2018
In re M.A.
Collateral estoppel precludes court from reconsidering biological father's status as 'Kelsey S' father.
Family Law 4DCA/2 Mar. 2, 2018
Bel Air Internet, LLC v. Morales
Special motion to strike may be supported purely by fact that allegations in complaint target protected activity.
Anti-SLAPP 2DCA/2 Mar. 2, 2018
Khorsand v. Liberty Mutual Fire Insurance Co.
Appraiser's declaration admissible under 'Cobler' to determine whether award procured by fraud or other undue means
Arbitration 2DCA/4 Mar. 2, 2018
Amended Opinion: Shaibi v. Berryhill
Claimant must raise issue of accuracy of vocational expert's job estimates during administrative proceedings to preserve challenge on appeal; claimant's failure to do so constitutes waiver.
Administrative Agencies 9th Mar. 2, 2018
People v. Perez
A defense attorney burdened by an 'actual' conflict of interest violates a defendant's constitutional right to effective counsel
Criminal Law and Procedure CASC Mar. 2, 2018
Elmakhzoumi v. Sessions
Non-consensual sodomy conviction properly disqualifies naturalization applicant as lacking good moral character.
Immigration 9th Mar. 2, 2018
California Sea Urchin Commission v. Bean
U.S. Fish and Wildlife Service's cessation of sea otter relocation program in harmony with goals of the Endangered Species Act reasonable under 'Chevron'
Environmental Law 9th Mar. 2, 2018
Modification: City of Montclair v. Cohen
City or county designated housing successors for former redevelopment agencies that report to, are components of, or are controlled by city or county are not eligible for housing entity cost allowance.
Municipal Law 3DCA Mar. 2, 2018
In re Marriage of Cassinelli
Opinion
4DCA/2 Mar. 2, 2018
People v. Gutierrez
Felony conviction for unlawfully taking a vehicle reversed and remanded where jury is instructed on invalid legal theory and conviction is not based on valid ground.
Criminal Law and Procedure 2DCA/7 Mar. 1, 2018
City of South San Francisco v. Workers' Compensation Appeals Board
Lack of proximate cause established by a preponderance of the evidence rebuts the presumption an employer is responsible for a worker's injury under 'Section 3212'
Workers' Compensation 1DCA/5 Mar. 1, 2018
Victaulic Co. v. American Home Assurance Co.
Trial court must exercise great caution when examining a witness so as not to influence jury
Civil Procedure 1DCA/2 Mar. 1, 2018
People v. Bedrossian
After D.A. does not press charges against arrestee, the waiting period required to petition court for determination of factual innocence does not violate procedural due process
Criminal Law and Procedure 1DCA/3 Mar. 1, 2018
Redfearn v. Trader Joe's Company
Intentional interference of contractual relations tort may be successfully brought even against nonparty whose performance is contemplated in sued-over contract.
Torts 2DCA/7 Mar. 1, 2018
Pittman v. Beck Park Apartments
Denial of motion to vacate vexatious litigant order as void affirmed where trial court retains jurisdiction to issue order even after case is dismissed.
Civil Procedure 2DCA/7 Mar. 1, 2018
Aptos Residents Association v. County of Santa Cruz
Project involving 13 small, scattered microcell transmitters properly deemed as within categorical exemption to CEQA environmental review requirements.
Environmental Law 6DCA Mar. 1, 2018
Inversiones Papaluchi S.A.S. v. Superior Court
Petition challenging court order denying motion to quash in case governed by Hague Service Convention granted where forum state's requirements for accomplishing proof of service are not met.
Civil Procedure 2DCA/5 Mar. 1, 2018
Delgadillo v. Television Center, Inc.
Under 'Seabright,' hirer delegates to independent contractor responsibility to comply with statutory or regulatory safety requirements applicable to contractor's work.
Torts 2DCA/3 Mar. 1, 2018
U.S. v. Campbell
Revocation of supervised release may not be based on violations alleged after release term ends, at least where such alleged violations are factually unrelated to ones raised prior to the term's expiration.
Criminal Law and Procedure 9th Mar. 1, 2018
U.S. v. Evans
Supervised release condition inconsistent with 'mens rea' requirement prohibiting criminal activity is unconstitutionally vague and overbroad
Criminal Law and Procedure 9th Mar. 1, 2018
Cal Fire Local 2881 v. Public Employment Relations Board
State board does not unlawfully fail to meet and confer with employee association regarding changes board makes to its regulations where parties have no employer-employee relationship.
Labor Law 3DCA Feb. 28, 2018
People v. Arevalo
Permissible for court to reduce good conduct credits to 15 percent of those stipulated at probation, where defendant convicted of violent felony subsequently violates probation.
Criminal Law and Procedure 1DCA/1 Feb. 28, 2018