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Name Category Published
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
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