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In re Tony R.
Juvenile ward who had been substantially complying with his rehabilitation plan was not presumptively entitled to a six-month reduction in his baseline term of confinement.
Juveniles 1DCA/2 Jan. 2, 2024
People v. Campbell
Trial court erred in deciding at the prima facie stage that jury's intent to kill findings precluded relief from first-degree murder conviction as a matter of law.
Criminal Law and Procedure 1DCA/2 Jan. 2, 2024
The Pep Boys v. Old Republic Insurance Company
Ambiguous insurance policy language was construed against insurers when extrinsic evidence revealed that insured expected "annual period" to last more than one year.
Insurance 1DCA/4 Jan. 2, 2024
First Amendment Coalition v. Superior Court (Rob Bonta)
Nonconfidential officer-related records subject to disclosure under Penal Code Section 832.7(b) may not be withheld by the Department of Justice under the Government Code, Penal Code, or Unemployment Insurance Code.
Public Records Act 1DCA/3 Jan. 2, 2024
U.S. v. Motley
Warrant obtained using information from a prescription-monitoring program was valid given that defendant had no reasonable expectation of privacy because program was well-established and long-standing.
Evidence 9th Jan. 2, 2024
Paglia & Associates Construction v. Hamilton
Litigation privilege did not extend to defamatory statements posted online because they were merely attempts to communicate with the public and lacked any functional connection to the proceedings.
Anti-SLAPP 2DCA/8 Dec. 29, 2023
Castanares v. Superior Court (City of Chula Vista)
Trial court erred in determining, as a matter of law, that all video footage from police drone program was exempt from Public Records Act requests as "records of investigations."
Public Records Act 4DCA/1 Dec. 29, 2023
U.S. v. Sproat
Judge's instruction to send a deadlocked jury home and return the next morning did not amount to coercion because it did not pressure them to reach a unanimous verdict.
Criminal Law and Procedure 9th Dec. 29, 2023
Alcarez-Rodriguez v. Garland
Board of Immigration Appeals failure to properly evaluate asylum applicant's request to reopen constituted abuse of discretion when application provided documented reasons for missing deadline.
Immigration 9th Dec. 29, 2023
Mayes v. Biden
Order
9th Dec. 29, 2023
Modification: City of Whittier v. Everest National Insurance Company
Insurance Code Section 533 might not bar coverage where city's alleged whistleblower retaliation could be both "willful" and in good faith.
Insurance 2DCA/1 Dec. 28, 2023
U.S. v. Galecki
As defendants failed to establish a personal connection to items seized during a warehouse raid, they lacked standing to assert Fourth Amendment violations.
Criminal Law and Procedure 9th Dec. 28, 2023
Rodriguez-Hernandez v. Garland
Petitioner was not eligible for cancellation of removal because Revised Code of Washington Section 9A.46.020 for misdemeanor harassment was a categorical crime of violence.
Immigration 9th Dec. 28, 2023
Leahy v. Peterson
Detective seeking a second renewal of a civil harassment restraining order against alleged stalker had to show new conduct constituting harassment.
Civil Procedure 4DCA/1 Dec. 27, 2023
People v. McCray
Defendant's appeal from recommitment order was moot where defendant had been subsequently recommitted.
Criminal Law and Procedure 1DCA/4 Dec. 27, 2023
U.S. v. De Leon Guerrero
Convictions for enticement of a minor were not error where there existed a predicate offense for each count that the defendant could have been charged for based on his conduct.
Criminal Law and Procedure 9th Dec. 27, 2023
Cruz v. City of Spokane
Order
9th Dec. 26, 2023
U.S. v. Fortenberry
Venue was improper in California because the essential conduct for the false statement charges was the false statements made in interviews in Nebraska and D.C.
Civil Procedure 9th Dec. 27, 2023
Robinson v. Gutierrez
Free room and board were remuneration, so beneficiary of donative transfer was a care custodian, which gave rise to a presumption the transferring instruments were the result of undue influence.
probate_and_trusts 3DCA Dec. 27, 2023
Modification: People v. Berry-Vierwinden
Defendant's petition for resentencing under Penal Code Section 1172.6 was denied because a direct aider and abettor could not be convicted of lying-in-wait murder on an imputed malice theory.
Criminal Law and Procedure 4DCA/1 Dec. 27, 2023
Doe v. Marysville Joint Unified School District
Under Federal Rules of Civil Procedure 41, second voluntary dismissal in federal court of case involving federal question jurisdiction had claim preclusive effect in third case filed in state court.
Civil Procedure 3DCA Dec. 26, 2023
Greenspan v. County of Los Angeles
Los Angeles County incorrectly calculated value of property after new construction because it did not reduce the value for structures that were removed.
Tax 2DCA/4 Dec. 26, 2023
People v. Olay
Newly amended Penal Code Section 1385(c) did not apply to the Three Strikes law because the Legislature was silent was to whether it did.
Criminal Law and Procedure 1DCA/5 Dec. 26, 2023
San Jose Sharks, LLC v. Superior Court (Factory Mutual Insurace Co.)
Insurance policies' contamination exclusion provisions barred coverage for viral contamination, so National Hockey League and its member teams could not allege covered physical losses to their property resulting from COVID-19.
Insurance 6DCA Dec. 26, 2023
Modification: Center for Biological Diversity v. Public Utilities Com.
The Public Utilities Commission's successor tariff to Public Utilities Code Section 2827.1 bore a reasonable relationship to the statutory purposes and language of the Section.
Administrative Agencies 1DCA/3 Dec. 26, 2023
Amended Opinion: U.S. Wholesale Outlet & Distribution v. Innovation Ventures, LLC
District court made several legal and factual errors regarding whether companies were competitors in antitrust action.
Antitrust 9th Dec. 26, 2023
People v. Ramirez
Compelled use of defendant's finger to unlock his phone did not violate his privilege against compulsory self-incrimination under the Fifth Amendment because it was not testimonial.
Constitutional Law 6DCA Dec. 26, 2023
In re Essure Product Cases
Although plaintiff was an employee welfare benefit plan administrator, its state law tort claims did not relate to ERISA, and therefore were not preempted by ERISA.
Torts 1DCA/3 Dec. 26, 2023
Grayot v. Bank of Stockton
Bank may not avoid potential liability for claims that transpired when it was the holder of the contract by later reassigning it.
Consumer Law 3DCA Dec. 22, 2023
Walsworth v. Superior Court (People)
Criminal defendant was statutorily entitled to dismissal where he was not given a new trial within 60 days of filing a remittitur with a clerk despite a lack of prejudice.
Criminal Law and Procedure 3DCA Dec. 22, 2023