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Name Category Published
Londono-Gonzalez v. Barr
Order
USSC Mar. 31, 2020
Brownback v. King
Order
USSC Mar. 31, 2020
Curcio v. Pels
Appellant's Facebook post, expressing opinions of appellee, did not rise to disturbing someone's peace under Domestic Violence Prevention Act to justify issued restraining order.
Family Law 2DCA/3 Mar. 31, 2020
People v. Cowan
Sentencing court must allow defendants facing imposition of minimum restitution fine or assessments to present evidence and argument why these financial exactions exceed his ability to pay.
Criminal Law and Procedure California Courts of Appeal Mar. 31, 2020
Zolly v. City of Oakland
Franchise fee may constitute a tax subject to article XIII C to the extent it is not reasonably related to the value received from the government.
Constitutional Law 1DCA/1 Mar. 31, 2020
Dougherty v. Roseville Heritage Partners
Trial court properly found arbitration agreement between parties was both procedurally and substantively unconscionable.
Arbitration 3DCA Mar. 31, 2020
Marriage of Everard
Mutual protective order properly granted because sufficient evidence proved history of physical violence.
Family Law 4DCA/1 Mar. 31, 2020
Lewis v. Liberty Mutual Insurance Co.
The provisions of the insurance contract that bind the insured will also bind a third-party judgment creditor.
Civil Procedure 9th Mar. 31, 2020
Colbert v. Haynes
Removal of victim-restitution condition from sentencing judgment did not create new, intervening judgment; thus, habeas petition was a second or successive petition.
Criminal Law and Procedure 9th Mar. 31, 2020
In re: Jesslyn Renee Anderson
For purposes of homestead exemption, debtor's intent to continue to reside in residence was not required if she occupied property as of petition date.
Bankruptcy BAP Mar. 30, 2020
In re: Leiann Toni Fountain
Chapter 13 bankruptcy case properly dismissed after Debtor originally filed unsecured claims exceeding limits of Bankruptcy Code Section 109(e).
Bankruptcy BAP Mar. 30, 2020
In re: Javier Jimenez
Appellee had not shown that evidence of a scheme existed to warrant relief under 11 U.S.C. Section 362(d)(4).
Bankruptcy BAP Mar. 30, 2020
People v. Torres
Trial court erred in ruling defendant was ineligible for relief under SB 1437 on basis of jury's robbery murder special circumstances true findings.
Criminal Law and Procedure 2DCA/5 Mar. 30, 2020
People v. Wilkes
Differential treatment of youth offenders sentenced pursuant to Three Strikes Law for purposes of youth offender parole hearings does not violate equal protection.
Criminal Law and Procedure 1DCA/5 Mar. 30, 2020
People v. Medeiros
Penal Code Section 12022.6. does not permit repealing enhancements; rather it permits review of the amount of loss, as part of enhancement.
statutory_interpretation 1DCA/1 Mar. 30, 2020
Padilla v. Immigration and Customs Enforcement
Noncitizens who were detained after entering United States were likely to prevail on their due process claim.
Immigration 9th Mar. 30, 2020
May v. Ryan
Petitioner's lawyer did not render ineffective assistance by failing to object to resumption of jury deliberations after trial court declared mistrial.
Prisoners' Rights 9th Mar. 30, 2020
Berryman v. Wong
Reasonable jurists could conclude that admission of further mitigating evidence would not have led to reasonable probability of different sentence.
Criminal Law and Procedure 9th Mar. 30, 2020
In re C.P.
Absolute statutory bar to placement of child in grandparents' custody would be unconstitutional as to them if they establish on remand that they have parental relationship.
Dependency 4DCA/2 Mar. 30, 2020
J.M. v. W.T.
Trial court abused its discretion in denying plaintiff's request for continuance due to spinal surgery; thus, denial of protective order was reversed.
Family Law 2DCA/5 Mar. 27, 2020
People v. Orozco
Proposition 47's amendment to general statute that criminalizes receipt of stolen property does not extend to convictions for receiving stolen vehicle.
Criminal Law and Procedure CASC Mar. 27, 2020
People v. Wang
Heat of passion jury instruction that was erroneously omitted from murder trial was harmless error due to jury's premeditation finding.
Criminal Law and Procedure 2DCA/2 Mar. 26, 2020
In re D.S.
Juvenile court's finding that ICWA did not apply was proper because Agency's further inquiry and due diligence was 'proper and adequate.'
Dependency 4DCA/1 Mar. 26, 2020
Spencer v. Mowat
Tortious acts appellants were alleged to have conspired in did not involve protected speech or petitioning activity.
Anti-SLAPP 2DCA/5 Mar. 26, 2020
Reynaud v. Technicolor Creative Services USA
Jury could conclude if not for defendant's negligence, PERM application filed for plaintiff would probably have been approved and he would have obtained green card.
Torts 2DCA/2 Mar. 26, 2020
Lopez v. Ledesma
Agency relationship with supervising physician defines scope of physician assistant's license, for purposes of Civil Code Section 3333.2's damages limitation.
Remedies 2DCA/2 Mar. 26, 2020
Milam v. Harrington
District court erred by refusing to consider petitioner's mental impairment as cause of untimely filing of habeas petition simply because he was represented by counsel.
Prisoners' Rights 9th Mar. 26, 2020
Redgrave v. Ducey
9th Mar. 26, 2020
Modification: King and Gardiner Farms, LLC v. County of Kern
Mitigation measure for project's significant impacts to water supplies inappropriately deferred formulation of the measures and thus violated California Environmental Quality Act.
Environmental Law 5DCA Mar. 25, 2020
Modification: People v. Cota
Requiring probationer to surrender electronic devices to search at any time was burdensome and intrusive; thus a correspondingly substantial and particularized justification was required.
Criminal Law and Procedure 4DCA/1 Mar. 25, 2020