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Jackson v. Lara
Interim adverse judgment rule applied to malicious prosecution claim since trial court previously found evidence of battery sufficient to deny plaintiff's motion for acquittal.
Civil Procedure 4DCA/1 Mar. 11, 2024
VFLA Eventco v. William Morris Endeavor Entertainment
Force majeure provision in musician's Virgin Fest LA contract conditioned their right to the $6 million deposit based on their willingness to perform but for COVID-19.
Contracts 2DCA/8 Mar. 8, 2024
Move Eden Housing v. City of Livermore
Resolution was a legislative act subject to referendum power because it was the initial policy determination regarding use of public funds to construct a park and improvements.
Government 1DCA/5 Mar. 8, 2024
U.S. v. Layfield
Twenty-one-day delay between defendant's detention and first appearance before a judge did not constitute a Speedy Trial Act violation.
Criminal Law and Procedure 9th Mar. 8, 2024
Temple of 1001 Buddhas et al. v. City of Fremont
Fremont's Municipal Code conflicted with Building Code Section 1.8.8.1 because it mandated an appeals process with only one assigned hearing officer rather than an appeals board.
Administrative Agencies 1DCA/4 Mar. 8, 2024
Modification: In re Miguel R.
In examining the factors to determine a minor's amenability to rehabilitation, no single factor is statutorily required to be given greater weight.
Juveniles 4DCA/2 Mar. 8, 2024
Modification: People v. Paul
Police officers' encounter with defendant was not consensual where they stood a few feet from each of his parked car's doors and shined two flashlights into the car simultaneously.
Constitutional Law 2DCA/5 Mar. 8, 2024
People v. Felix
Trial court properly denied motion to suppress defendant's confession given to undercover detective posing as jail cellmate, post-invocation of right to counsel.
Criminal Law and Procedure 2DCA/8 Mar. 8, 2024
In re J.S.
Ward of the court has "satisfactorily completed" probation when there are no new findings of wardship involving moral turpitude or felony convictions during probation.
Juveniles 3DCA Mar. 7, 2024
Hee Shen Cemetery v. Yeong Wo Assn.
Substantial evidence did not show that private voluntary association unreasonably construed a plain and unambiguous provision in its bylaws so judicial intervention was not appropriate.
Civil Procedure 1DCA/2 Mar. 7, 2024
In re F.V.
There was insufficient evidence of future risk to minor--who was sent into the U.S. alone when her father was unable to cross the border--to support juvenile court's jurisdiction.
Dependency 2DCA/1 Mar. 7, 2024
People v. Killian
A charge for tampering with a VIN under Vehicle Code Section 10802 includes a defendant who transfers the registration to himself.
Criminal Law and Procedure 6DCA Mar. 7, 2024
People v. Superior Court (Farley)
Prosecution satisfied low preliminary bar of showing group was an organization, albeit informal, with a common purpose as statutorily required to proceed with prosecution of gang-related special circumstance.
Criminal Law and Procedure 1DCA/4 Mar. 7, 2024
Safety-Kleen of California, Inc. v. Dept. of Toxic Substances Control
Department of Toxic Substances Control could find a Class I hazardous waste violation without finding the waste represented a significant threat to human health or the environment.
Environmental Law 1DCA/3 Mar. 6, 2024
U.S. v. Lemus
A conviction for receiving the proceeds of extortion under 18 U.S.C. Section 880 requires only knowledge that the proceeds were "unlawfully obtained."
Criminal Law and Procedure 9th Mar. 6, 2024
Jones v. Riot Hospitality Group
Terminating sanctions were appropriate where plaintiff took affirmative steps to coordinate deletion of text messages between her and coworkers with the intent to deprive the defendant of their use.
Civil Procedure 9th Mar. 6, 2024
Rieman v. Vasquez
Defendants were not entitled to qualified immunity from suit after making misrepresentations to the juvenile court and failing to provide notice of the hearing.
Immunity 9th Mar. 6, 2024
Applied Medical Distribution Corp. v. Jarrells
Opinion
4DCA/3 Mar. 12, 2024
Modification: Balakrishnan v. The Regents of the University of California
Professor's dismissal from UC Santa Cruz was upheld because his inappropriate sexual conduct towards two non-students at off-campus events related to his relation with the "community."
Torts 1DCA/5 Mar. 5, 2024
TRC Operating Co. v. Shabazian 3
Regulations adopted by CalGEM requiring cessation of oil and gas operations near surface expressions were not in conflict the Public Resources Code authorizing statue.
Administrative Agencies 5DCA Mar. 5, 2024
Trump v. Anderson
States have no power under the Constitution to enforce Section 3 of the Fourteenth Amendment with respect to federal offices, especially the Presidency.
Constitutional Law USSC Mar. 5, 2024
Speech First, Inc. v. Sands
Order
USSC Mar. 5, 2024
Peridot Tree, Inc. v. City of Sacramento
Abstention was improper in cannabis dispensary's dormant Commerce Clause claim because it was unclear how the claim could be avoided by a state-court ruling.
Civil Procedure 9th Mar. 5, 2024
People v. Hardin
Expanded statutory parole system for youthful offenders did not violate equal protection clause by excluding youthful offenders sentenced to life without parole because exclusion was rationally related to government interest.
Criminal Law and Procedure CASC Mar. 5, 2024
Niedermeier v. FCA US LLC
Under California's lemon law, neither trade-in credit nor sale proceeds reduce the statutory restitution remedy where a consumer has been forced to trade in or sell a defective vehicle due to the manufacturer's violation of the statute.
Consumer Law CASC Mar. 5, 2024
Huntsman v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints
Order
9th Mar. 4, 2024
Linthicum v. Wagner
Because a legislator has no First Amendment right to use official powers for expressive purposes, legislative walkouts are not protected activity.
Constitutional Law 9th Mar. 4, 2024
In re Miguel R.
In examining the factors to determine a minor's amenability to rehabilitation, no single factor is statutorily required to be given greater weight.
Juveniles 4DCA/2 Mar. 4, 2024
Lunsted v. Superior Court (People)
Even though a subpoena duces tecum was issued by the prosecution, it was still subject to factor-based legal standard for determining whether good cause existed to overcome motion to quash.
Criminal Law and Procedure 4DCA/2 Mar. 4, 2024
Smith v. Agdeppa
Order
9th Mar. 4, 2024