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Wang v. City of Sacramento Police Dept.
Government Code Section 53069.4 appeal is available where the amount in controversy exceeds $25,000.
Statutory Interpretation 3DCA Sep. 1, 2021
Amended Opinion: U.S. v. Gear
In order to gain a conviction under 18 U.S.C. Section 922(g)(5)(B), government must prove defendant knew he was admitted into the country under a nonimmigrant visa.
Statutory Interpretation 9th Aug. 31, 2021
Invesco High Yield Fund v. Jecklin
Sanctions under 28 U.S.C. Section 1826(a) also apply to defendant's refusal to answer interrogatories or to produce documents.
Statutory Interpretation 9th Aug. 26, 2021
Modification: City and County of San Francisco v. All Persons Interested in the Matter of Proposition G
Supermajority requirement does not apply to citizens' initiatives.
Statutory Interpretation 1DCA/4 Aug. 18, 2021
Pacific Merchant Shipping Assn. v. Newsom
Assembly Bill 900 deadlines were not meant to be imported into Assembly Bill 734.
Statutory Interpretation 1DCA/1 Aug. 12, 2021
City and County of San Francisco v. All Persons Interested in the Matter of Proposition G
Supermajority requirement does not apply to citizens' initiatives.
Statutory Interpretation 1DCA/4 Jul. 28, 2021
Modification: Moreno v. Bassi
When Labor Code Section 1194 and Code of Civil Procedure Section 1031 overlap, Labor Code Section 1194 controls because it is more specific and its attorney fees provision is more recently enacted.
Statutory Interpretation 5DCA Jul. 1, 2021
Goals for Autism v. Rosas
Under Code of Civil Procedure Section 527.8(o), trial courts are not required to grant respondents continuance once they have responded to petition for restraining order.
Statutory Interpretation 1DCA/5 Jun. 29, 2021
HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Assn.
42 U.S.C. Section 7545(B)(i) permits small refineries to apply for hardship 'extensions' at 'any time' even if their exemptions had lapsed.
Statutory Interpretation USSC Jun. 28, 2021
Collins v. Yellen
Federal Housing Finance Agency did not exceed its authority as conservator of mortgage financing companies by agreeing to new variable dividend formula because it was in public's best interest.
Statutory Interpretation USSC Jun. 24, 2021
Amended Opinion: People v. Jackson
Penal Code Section 3051 excludes persons between ages of 18-25 sentenced to life without possibility of parole from youth parole hearings and there is a rational basis for that exclusion.
Statutory Interpretation 4DCA/1 Jun. 11, 2021
Moreno v. Bassi
When Labor Code Section 1194 and Code of Civil Procedure Section 1031 overlap, Labor Code Section 1194 controls because it is more specific and its attorney fees provision is more recently enacted.
Statutory Interpretation 5DCA Jun. 10, 2021
Perry v. City of San Diego
Trial court properly dismissed homeowners' claims because City's Waste Management Regulation was within the scope of authority conferred upon it by Legislature.
Statutory Interpretation 4DCA/1 Jun. 8, 2021
People v. Graham
Request for 'pretrial diversion' under Penal Code Section 1001.36 is timely only if it is made prior to jury's verdict.
Statutory Interpretation 2DCA/2 Jun. 1, 2021
Terry v. Saul
Social Security Administration's interpretation of 'medium work' can be imputed to qualified vocational experts because experts in the field are presumptively aware of the term.
Statutory Interpretation 9th Jun. 1, 2021
United States v. Palomar-Santiago
When collaterally challenging underlying deportation orders, first two requirements are not satisfied just because noncitizen was removed for offense that should not have rendered him removable.
Statutory Interpretation USSC May 25, 2021
People v. Watson
Trial court did not err in designating defendant's vacated murder conviction as both first degree burglary and first degree robbery under Penal Code Section 1170.95(e).
Statutory Interpretation 1DCA/3 May 24, 2021
Hyatt v. Office of Management and Budget
Office of Management and Budget not required to approve challenged U.S. Patent & Trademark Office's rules because rules did not impose 'collections of information' subject to Paperwork Reduction Act.
Statutory Interpretation 9th May 21, 2021
CIC Services, LLC v. Internal Revenue Service
Plaintiff's suit challenging IRS's reporting requirement was not a suit to restrain the collection of taxes and thus did not trigger the Anti-Injunction Act.
Statutory Interpretation USSC May 18, 2021
People v. Fortman
At Penal Code Section 1170.95(d) hearing, prosecution is required to prove to trial court beyond reasonable doubt that petitioner is guilty of murder under still-viable theory of liability.
Statutory Interpretation 2DCA/2 May 17, 2021
U.S. v. Nishiie
Defendant's criminal charges were not time barred because Wartime Suspension of Limitations Act suspends running of statute of limitations for fraud and property crimes against the United States.
Statutory Interpretation 9th May 13, 2021
People v. Joseph
No ex post facto violation where prosecution established existence of conspiracy to commit human trafficking before and after effective date of statute.
Statutory Interpretation 1DCA/5 May 5, 2021
People v. Williams
Defendant improperly denied mental health diversion since trial court failed to assess whether defendant was likely to commit a super-strike offense.
Statutory Interpretation 1DCA/2 May 4, 2021
Stancil v. Superior Court (City of Redwood City)
An unlawful detainer defendant cannot use a motion to quash to attack a complaint for failure to state a claim.
Statutory Interpretation CASC May 4, 2021
U.S. v. Singh
Defendant properly convicted of operating unlicensed money transmitting business on behalf of the public by transacting with many parties in California, at various locations.
Statutory Interpretation 9th May 4, 2021
California Medical Assn. v. Aetna Health of California Inc.
An association bringing an Unfair Competition Law action on behalf of others must show it personally sustained economic harm from defendant's conduct.
Statutory Interpretation 2DCA/8 May 3, 2021
Billesbach v. Specialized Loan Servicing LLC
Where mortgage servicer's Homeowner Bill of Rights violations stem from its failure to communicate with borrower before recording notice of default, servicer may cure violations.
Statutory Interpretation 2DCA/4 May 3, 2021
People v. James
Senate Bill No. 1437 is an act of lenity that does not implicate defendant's Sixth Amendment right to jury trial.
Statutory Interpretation 1DCA/4 Apr. 29, 2021
People v. Latten
Separate entries of different buildings are divisible conduct where intent to enter each building located on same property is independent of other entries.
Statutory Interpretation 3DCA Apr. 29, 2021
U.S. v. Door
District court erred by not requiring government to prove defendant's knowledge of his convicted felon status, but error had no effect on judgment because of defendant's extensive criminal history.
Statutory Interpretation 9th Apr. 29, 2021