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Name Category Published
People v. Solis
Senate Bill No. 1437 did not unconstitutionally amend Proposition 7 and Proposition 115.
statutory_interpretation 4DCA/3 Mar. 20, 2020
People v. Cruz
Making a criminal threat was not a lesser included offense of stalking because it required different statutory elements.
Criminal Law and Procedure 4DCA/3 Mar. 20, 2020
People v. Garcia
Penal Code Section 12022.53 does not grant trial courts discretion to substitute lesser included enhancements where greater enhancement is valid.
Criminal Law and Procedure 2DCA/2 Mar. 20, 2020
In re S.E.
Juvenile court harmlessly erred by applying presumption of causality to victim restitution ordered under Welfare and Institutions Code Section 730.6.
Juveniles 5DCA Mar. 20, 2020
Herrera v. Zumiez Inc.
Requiring employees to call manager thirty minutes to one hour before scheduled shift constitutes 'reporting for work.'
Employment Law 9th Mar. 20, 2020
Save the Agoura Cornell Knoll v. City of Agoura Hills
Petitioners were not barred from recovering attorney's fees based on failing to strictly comply with California Environmental Quality Act's 10-day notice requirement.
Environmental Law 2DCA/7 Mar. 19, 2020
M.G. v. Superior Court (Orange County Social Services Agency)
Welfare and Institutions Code's statutory preference towards parental reunification can only be overcome by preponderance of state's evidence showing that reunification would be detrimental.
Family Law 4DCA/3 Mar. 18, 2020
Citizens of Humanity, LLC v. Hass
Anti-SLAPP motion was properly denied because there were disputed material facts that had to be resolved before court could determine whether defendants had probable cause to pursue litigation.
Anti-SLAPP 4DCA/1 Mar. 18, 2020
Pakdel v. City and County of San Francisco
District court properly dismissed plaintiffs' takings claim as unripe because plaintiffs did not satisfy finality requirement.
Constitutional Law 9th Mar. 18, 2020
Amended Opinion: Lopez-Angel v. Barr
Permanent resident who was deported allowed to proceed with deportation appeal because he was involuntarily removed from the United States.
Immigration 9th Mar. 18, 2020
Wood v. Superior Court (CFG Jamacha LLC)
Trial court did not err by ordering production of email petitioner sent to Department of Fair Employment and Housing because petitioner did not establish basis for attorney-client relationship to invoke privilege.
Evidence 4DCA/1 Mar. 17, 2020
Daniels v. The Walt Disney Co.
Using colors to represent a mood or emotion is an idea that does not fall within the protection of copyright; thus, plaintiff's characters were not protected.
Copyright 9th Mar. 17, 2020
Brown v. Stored Value Cards Inc.
Electronic Fund Transfers Act's prohibition on charging service fees to general use prepaid cards applied to prepaid debit cards given to released inmates because they belonged to general public.
Consumer Law 9th Mar. 17, 2020
K.G. v. S.B.
Providing family members with financial support does not establish a special relationship that imposes a duty on the party providing support to exercise care.
Torts 4DCA/1 Mar. 17, 2020
People v. Sanchez
Senate Bill No. 1437 abrogated natural and probable consequences doctrine in attempted murder prosecutions because it was no longer viable theory to prove attempted murder.
statutory_interpretation 5DCA Mar. 17, 2020
In re N.D.
Under Indian Child Welfare Act, Child Welfare Services has continuous duty to investigate if child is or may be Indian child.
Dependency 2DCA/6 Mar. 17, 2020
Modification: Citizens for South Bay Coastal Access v. City of San Diego
After Commission certifies local government's land use plan, it delegates authority over coastal development permits to local government; thus, state law did not preempt city's municipal code.
Municipal Law 4DCA/1 Mar. 17, 2020
People v. Smith
While unoccupied running car warranted investigation, it did not reasonably suggest crime or emergency was in progress to justify officers' warrantless search.
Criminal Law and Procedure 4DCA/1 Mar. 16, 2020
McHenry v. Asylum Entertainment Delaware, LLC
Superior court correctly ruled that plaintiff's Jones Act claim against production company failed as a matter of law because plaintiff was neither an employee nor 'borrowed' servant of the company.
Torts 2DCA/2 Mar. 16, 2020
Coats v. New Haven Unified School Dist.
The new subdivision (q) in Section 340.1 of Code of Civil Procedure operated as revival provision for claim previously barred by presentation requirement.
Civil Procedure 1DCA/2 Mar. 16, 2020
Lange v. Monster Energy Co.
Parties' arbitration agreement was substantively unconscionable and trial could properly held it could not remove unconscionability merely by severing.
Contracts 2DCA/1 Mar. 16, 2020
People v. Quinonez
Jury very easily could find that prison deputy's nose which defendant fractured and broke constituted great bodily injury resulting in a seriously impaired physical condition.
Criminal Law and Procedure 5DCA Mar. 16, 2020
Montoya v. Ford Motor Co.
Second class action against defendant did not toll plaintiff's claim's four-year statute of limitations.
Civil Procedure 4DCA/3 Mar. 16, 2020
Canyon Crest Conservancy v. County of Los Angeles
Appellant was not entitled to attorney fees under Code of Civil Procedure Section 1021.5 because litigation did not serve to vindicate any of the rights that appellant alleged were violated.
Civil Procedure 2DCA/4 Mar. 16, 2020
Infante v. Martel
Judge had valid reason to excuse juror from trial because he voluntarily expressed concerns about his ability to make an impartial decision.
Criminal Law and Procedure 9th Mar. 16, 2020
Park v. City and County of Honolulu
Section 1983 action requires plausible facts showing sufficient indicia of officer's display of state authority to conclude that they acted in official capacity.
Civil Rights 9th Mar. 16, 2020
People v. Lopez
Although defendant presented meritorious argument with regard to his conspiracy conviction under Penal Code Section 182.5, the count was modified to conform to jury's findings.
Criminal Law and Procedure 5DCA Mar. 16, 2020
People v. Henderson
Penal Code Section 1387's purpose is to prohibit the refiling and pursuit of previously-dismissed charges, not convictions once charges are already brought.
Criminal Law and Procedure 4DCA/1 Mar. 16, 2020
In re: Teina Mari Lionetti
Once debtor establishes elements under Bankruptcy Code Section 523(d), creditor must show there was substantial justification in pursuing its claim.
Bankruptcy BAP Mar. 13, 2020
People ex rel. Becerra v. Shine
Refusing to reduce Attorney General's attorney fees was proper because Attorney General proved seven out of 19 allegations, successfully removed appellant as trustee, and proved appellant was grossly negligent.
Civil Procedure 1DCA/5 Mar. 13, 2020