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Name Category Published
County of Humboldt v. Appellate Division of the Superior Court of Humboldt County
Superior court order resolving de novo appeal in unlimited civil mater under Government Code 53069.4 is a final judgment appealable to an intermediate appellate court.
Government 1DCA/1 Mar. 13, 2020
Kim v. Reins International California Inc.
Settlement of individual claims does not strip aggrieved employee of standing as the state's authorized representative to pursue PAGA remedies.
statutory_interpretation CASC Mar. 13, 2020
Milton (William) on H.C.
Order
CASC Mar. 13, 2020
Barranco v. 3D Systems Corp.
District court did not abuse its discretion when it excluded evidence of plaintiff's arbitration award as irrelevant and unduly prejudicial.
Evidence 9th Mar. 13, 2020
Allied Professionals Insurance Company v. Anglesey
Washington state anti-arbitration statute was preempted by Federal Liability Risk Retention Act of 1986 as applied to risk retention groups chartered in another state.
Constitutional Law 9th Mar. 13, 2020
Modification: Fowler v. City of Lafayette
Pursuant to Ralph M. Brown Act, litigation threats must be reduced to writing and included in agenda materials made available to public but because plaintiffs suffered no prejudice, judgment was affirmed.
Administrative Agencies 1DCA/4 Mar. 13, 2020
Modification: People v. Superior Court (Quarles)
A Sexually Violent Predator can only be conditionally released if a court of law determines they pose no danger to others in the community.
Criminal Law and Procedure 4DCA/1 Mar. 13, 2020
Los Angeles Leadership Academy v. Prang
Charter Schools Act does not suggest that charter schools are to be treated as public school districts for taxation purposes.
Tax 2DCA/8 Mar. 12, 2020
Alexander v. Community Hospital of Long Beach
Civil FEHA actions require exhaustion of administrative remedies even where defendant had actual notice of complaint and opportunity to participate in administrative processes.
Employment Law 2DCA/1 Mar. 12, 2020
People v. Corrales
Trial court's stay-away order was stricken because trial court did not have authority to grant the order under Penal Code Section 136.2.
Criminal Law and Procedure 2DCA/8 Mar. 12, 2020
People v. Lopez
Defendant's motion to suppress blood test results properly denied because defendant voluntarily consented to test after receiving admonitions and did not object or resist.
Criminal Law and Procedure 3DCA Mar. 12, 2020
Mai v. U.S.
Prohibiting people whom state court committed involuntarily to mental institution from bearing arms was a reasonable fit with government's important interest in reducing gun violence.
Constitutional Law 9th Mar. 12, 2020
Victrola 89, LLC v. Jaman Properties 8 LLC
Parties may not use California law to circumvent an agreement to arbitrate under the FAA when the FAA has been incorporated into the agreement.
Arbitration 2DCA/4 Mar. 12, 2020
People v. Garcia
Defendant's felony murder special circumstance finding was reversed because prosecutor had to prove beyond reasonable doubt that defendant 'personally killed' victim.
Criminal Law and Procedure 6DCA Mar. 11, 2020
Jones v. Mississippi
Order
USSC Mar. 11, 2020
Pierson v. U.S.
Order
USSC Mar. 11, 2020
Skidmore v. Led Zeppelin
Under the 1909 Copyright Act, protection was circumscribed to the material actually deposited and nothing else could be used to show substantial similarity.
Copyright 9th Mar. 10, 2020
McAdory v. DNF Associates
Entity that meets 'principal purpose' definition of debt collector cannot avoid liability merely by hiring a third party to collect its debt.
Consumer Law 9th Mar. 10, 2020
County of Kern v. Alta Sierra Holistic etc.
Elections Code Section 9145, requiring county to 'entirely repeal ordinance' when valid referendum petition protesting ordinance was received, was not violated because there was a material change in regulation of marijuana dispensaries.
statutory_interpretation 5DCA Mar. 10, 2020
Facebook, Inc. v. Super. Ct.
Social media providers may defend against criminal subpoenas by either establishing an unjustified burden to produce or that the information is obtainable by other means.
statutory_interpretation 1DCA/5 Mar. 10, 2020
People v. Cervantes
Penal Code Section 1170.95's new felony murder definition is not automatic, rather the petitioning process is the exclusive means to seek relief under Senate Bill 1437.
Criminal Law and Procedure 4DCA/2 Mar. 10, 2020
People v. Graves
Trial court correctly determined that defendant should be punished under Penal Code Section 647.6(c)(2) based on his prior convictions because two prior felony convictions authorized court to impose four-year sentence on defendant.
statutory_interpretation 1DCA/3 Mar. 10, 2020
Modification: Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game.
Torts 2DCA/7 Mar. 10, 2020
Woods v. Dunn
Order
USSC Mar. 9, 2020
Matson v. S.B.S. Trust Deed Network
A party is not entitled to rescission of nonjudicial foreclosure sale absent evidence of irregularity, fraud or unfairness in nonjudicial foreclosure notice and sale proceedings.
Real Property 4DCA/1 Mar. 9, 2020
Zhang v. Chu
To prove malice in malicious prosecution claim, plaintiff must show defendant acted for purposes unrelated to merits of underlying claim.
Torts 2DCA/8 Mar. 9, 2020
People v. Kareem A.
Sanctions under Code of Civil Procedure Section 177.5 may apply to persons other than witnesses, parties, and parties' counsel that are involved in the proceedings.
Criminal Law and Procedure 2DCA/1 Mar. 9, 2020
Moofly Productions, LLC v. Favila
Cause of action for fraudulent transfer was not entitled to jury trial because it was essentially one in equity and relief sought depended upon application of equitable doctrines.
Civil Procedure 2DCA/1 Mar. 6, 2020
Brewer v. Remington
Granting summary judgment on statute of limitations grounds constituted an error of law because there were factual disputes about the statute-triggering injury.
Civil Procedure 5DCA Mar. 6, 2020
Innovation Law Lab v. Wolf
Migrant Protection Protocols, under which non-Mexican asylum seekers who present themselves at southern border of US are required to wait in Mexico while asylum applications are adjudicated, conflicts with Immigration Nationality Act.
Immigration 9th Mar. 6, 2020