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People v. Harrison
Prosecution's failure to disclose digital in-car video of defendant's alleged confession, despite 'cryptic' reference in police report, constitutes 'Brady' violation, warranting reversal.
Criminal Law and Procedure 2DCA/6 Oct. 27, 2017
Modification: Briggs v. Brown
Proposition 66--the Death Penalty Reform and Savings Act of 2016--upheld despite concerns over separation of powers, where measure's stated deadlines are directive rather than mandatory.
Criminal Law and Procedure California Courts of Appeal Oct. 27, 2017
Revels v. Berryhill
Order denying supplemental security income and disability insurance benefits reversed where administrative law judge fails to provide substantial evidence for rejecting treating contradicted physician opinion.
Administrative Agencies 9th Oct. 27, 2017
YDM Management Co. Inc. v Sharp Community Medical Group Inc.
Company that acquired medical provider's accounts receivables not entitled to additional reimbursement where it failed to establish services rendered were for emergency.
Civil Procedure 4DCA/1 Oct. 26, 2017
Midbrook Flowerbulbs Holland B.V. v. Holland America Bulb Farms Inc.
In business dispute between American and Dutch companies, American company unsuccessful in challenging enforcement of adverse Dutch judgment under Uniform Foreign-Country Money Judgments Recognition Act.
International Law 9th Oct. 26, 2017
U.S. v. Wallen
Conviction for killing endangered species vacated and remanded where magistrate judge fails to apply 'subjective' good faith belief standard to defendant's self-defense theory.
Criminal Law and Procedure 9th Oct. 26, 2017
People v. Mathews
Motion to suppress properly denied on estoppel grounds, where defendant gave false name to police and record check failed to reveal defendant was in fact subject to probation search condition.
Criminal Law and Procedure 1DCA/1 Oct. 26, 2017
Trump v. Hawaii
Order
USSC Oct. 26, 2017
IPC (USA) Inc. v. Ellis (In re Pettit Oil Co.)
Consignor who fails to perfect interest in consigned goods properly relegated as unsecured creditor whose rights in consigned goods are subordinate to trustee's.
Bankruptcy BAP Oct. 25, 2017
Modification: People v. Mooring
Criminalist's use of Indent-A-Drug Website to identify drugs found in defendants' possession do not violate hearsay law or confrontation clause.
Criminal Law and Procedure 1DCA/5 Oct. 25, 2017
Kendall v. Scripps Health
Denial of class certification appropriate where administrative cost to identify class is so substantial that it renders potential class benefits de minimis.
Civil Procedure 4DCA/1 Oct. 25, 2017
Gholipour v. Superior Court
Transferring court retains jurisdiction over restitution on remand until it determines the amount of restitution.
Criminal Law and Procedure 4DCA/1 Oct. 25, 2017
People v. Malik
Defendant's confrontation rights violated under 'Sanchez' where prosecutor's cross-examination of defendant's PTSD expert involved case-specific testimonial hearsay not covered under any hearsay exception.
Criminal Law and Procedure 3DCA Oct. 25, 2017
Comerica Bank v. Runyon (Facciuto)
Debtor's application for contribution from judgment co-debtors improperly denied as untimely although creditor had not filed acknowledgment, rendering judgment not fully satisfied.
Civil Procedure 4DCA/3 Oct. 24, 2017
Amended Opinion: Contest Promotions LLC v. City and County of San Francisco
San Francisco's billboard-related regulations that distinguish between commercial and noncommercial signs passes intermediate scrutiny under 'Central Hudson,' warranting dismissal of advertiser's First Amendment claims.
Civil Rights 9th Oct. 24, 2017
Makah Indian Tribe v. Quileute Indian Tribe
Indian tribe's 'right of taking fish' under Treaty of Olympia encompasses whales and seals, but dispute over fishing boundaries warrants partial reversal and remand.
Native American Affairs 9th Oct. 24, 2017
People v. Gonzales
Jury instructions regarding uncharged offenses may have been erroneous, but any error was not prejudicial to warrant reversal of child sex convictions.
Criminal Law and Procedure 2DCA/6 Oct. 24, 2017
Modification: People v. Lin
Holding in 'People v. Sanchez' regarding expert's use of case-specific facts applies equally to cases involving commitments of mentally disordered offenders.
Criminal Law and Procedure 2DCA/6 Oct. 24, 2017
Lair v. Motl
Montana's limits on campaign contributions improperly invalidated, where limits are justified by state's interest in preventing quid pro quo corruption.
Civil Rights 9th Oct. 24, 2017
People ex rel. Harris v. Shine
Pendente lite fees improperly awarded to former trustee of charitable trust accused of mismanagement and where trustee failed to demonstrate ultimate entitlement to fees.
probate_and_trusts 1DCA/5 Oct. 24, 2017
Curtis Engineering Corp. v. Superior Court (Sutherland)
Demurrer improperly sustained, where relation-back doctrine cannot save plaintiff from noncompliance with statutory deadline for filing required certificate of merit.
Civil Procedure 4DCA/1 Oct. 24, 2017
Morrill v. Scott Financial Corporation
Court lacks personal jurisdiction over defendant where conduct is not directed toward forum state.
Attorneys 9th Oct. 24, 2017
In re Aiden L.
Failure to make necessary findings supporting jurisdiction under UCCJEA results in vacated order terminating parental rights and remand.
Dependency 2DCA/7 Oct. 24, 2017
Aviles v. Swearingen
Newly-enacted Probate Code 'no contest clause' construed strictly; such clauses not effective unless specifically set forth or referred to in amended trust documents.
probate_and_trusts 2DCA/6 Oct. 24, 2017
Lyons v. Colgate-Palmolive Company
Summary judgment reversed where expert testimony provides triable issue of material fact.
Civil Procedure 1DCA/3 Oct. 23, 2017
Harrington v. City of Davis (LeBlanc)
Neighbor fails to challenge city's approval of conditional use permit allowing for continued use of residence located in changing neighborhood as professional office space.
Municipal Law 3DCA Oct. 23, 2017
Morales-Simental v. Genentech
Summary judgment affirmed where plaintiff fails to present evidence showing that employer is liable for its employee's conduct under special errand rule.
Employment Law 1DCA/4 Oct. 23, 2017
Modification: People v. Bona
Mentally disordered offender fails to overturn commitment based on counsel's alleged failure to challenge trial court's repeated continuances of hearing on petition challenging determination.
Criminal Law and Procedure 2DCA/6 Oct. 23, 2017
McNabb v. Dunn
Order
USSC Oct. 23, 2017
Jones v. Las Vegas Metropolitan Police Department
Summary judgment improperly granted to police in civil rights action, where triable issues of fact remain regarding entitlement to qualified immunity following man's death from repeated tasing.
Civil Rights 9th Oct. 23, 2017