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Name Category Published
Salcido v. Superior Court (People)
Proposition 66's directive that habeas petitions be heard by 'court which imposed the sentence' is clear and unambiguous; thus, original sentencing court may not transfer petitions to another venue.
Criminal Law and Procedure 1DCA/4 Feb. 6, 2020
People v. Wear
Because record affirmatively shows that some jurors convicted defendant based on insufficiently supported premeditated-murder theory, the court reversed.
Criminal Law and Procedure 1DCA/1 Feb. 6, 2020
U.S. v. Chavez-Diaz
An unconditional guilty plea waives a defendant's right to appeal a conviction on constitutional grounds; the 'Menna-Blackledge' exception is narrowly construed to only allow appeals that will render re-trial impossible.
Criminal Law and Procedure 9th Feb. 6, 2020
Vargas v. Howell
A significant reduction in attorney's fees requires a thorough explanation; thus, trial court did not adequately justify the dramatic cut that it imposed.
Civil Procedure 9th Feb. 6, 2020
Alaniz v. Sun Pacific Shippers, L.P.
Trial court prejudicially erred when it omitted 'Privette and Hooker' doctrine limitations from its instructions on negligence and premises liability.
Torts 2DCA/6 Feb. 6, 2020
People v. Flores
Senate Bill 1437 does not provide relief to persons convicted of manslaughter; the plain language limits relief only to qualifying persons convicted of murder.
Criminal Law and Procedure 4DCA/1 Feb. 5, 2020
U.S. v. George
U.S.S.G. Section 2B1.1(b)(2)(C) requires the sentencing court to determine whether the victims suffered a loss that was significant in light of their individual financial circumstances.
Criminal Law and Procedure 9th Feb. 5, 2020
Calvary Chapel Bible Fellowship v. County of Riverside
Riverside County did not violate the Religious Land Use and Institutionalized Person's Act's equal terms provision because it prohibited both religious and secular institutions from staging events without charging a fee.
Real Property 9th Feb. 5, 2020
S.F. Print Media Co. v. The Hearst Corp.
Experts testifying in court may not opine on an issue by using another expert's unrelated methodology without providing further foundation for the conclusion.
Civil Procedure 1DCA/3 Feb. 4, 2020
Amended Opinion: Prado v. Barr
Although appellant had her conviction, which deemed her removable, reduced to misdemeanor under California's Proposition 64, she remained removable under immigration law because it was reclassified for rehabilitative purposes.
Immigration 9th Feb. 4, 2020
Amended Opinion: Floyd v. Filson
Petitioner's constitutional rights were not violated by admission of victim's mother's testimony about her son's difficult life and previous experiences with violent crime because testimony did not unduly prejudice petitioner.
Criminal Law and Procedure 9th Feb. 4, 2020
Orn v. City of Tacoma
Qualified immunity only extends to officers using deadly force with an objectively reasonable basis for believing their own safety or safety of others is at risk.
Civil Rights 9th Feb. 4, 2020
People v. Frederickson
Penal Code Section 318 provides a narrow exception to a capital defendant's general Sixth Amendment right to plead guilty because it advances a compelling state interest in preventing erroneous executions.
Criminal Law and Procedure CASC Feb. 4, 2020
Amended Opinion: People v. Palomar
A reasonable jury could find defendant's act of threats and fatally knocking the victim down unconscious, satisfied the elements for implied malice murder.
Criminal Law and Procedure 2DCA/6 Feb. 4, 2020
Rojas v. Federal Aviation Administration
Order
9th Feb. 3, 2020
Becerra v. Superior Court
Senate Bill 1421 amended the California Public Records Act to mandate disclosure of all law enforcement personnel records held by any public agency, including the California Department of Justice.
Government 1DCA/3 Feb. 3, 2020
Pacific Pioneer Ins. Co. v. Superior Court
Insurers may appeal default judgments in small claims court entered against their clients who failed to appear in court under Code of Civil Procedure Section 116.710.
Civil Procedure 4DCA/3 Feb. 3, 2020
People v. Cervantes
Felony murder rule under Senate Bill No. 1437 Section 1170.95 is not applicable to the crime of voluntary manslaughter when petitioning for re-sentencing.
Criminal Law and Procedure 2DCA/6 Feb. 3, 2020
In re Howerton
Under Penal Code Section 3051, defendant was not eligible for release on parole at youth offender parole hearing because he was previously entitled to parole consideration hearing pursuant to another statutory provision.
Criminal Law and Procedure 5DCA Feb. 3, 2020
People v. Winn
SB 136 allows imposition of one-year enhancement for prison prior term only if prior conviction is for a sexually violent offense; thus, defendant's five one-year prison terms were stricken.
Criminal Law and Procedure 6DCA Feb. 3, 2020
Jeppson v. Ley
Internet posts on community blog about feud between three neighbors did not transform otherwise private dispute into matter of 'public interest' protected by Anti-SLAPP statute.
Anti-SLAPP 2DCA/8 Feb. 3, 2020
Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc.
Petition to compel arbitration should have been granted because defendant was an intended beneficiary under the insurance policy which contained a binding arbitration clause.
Arbitration 3DCA Feb. 3, 2020
Vazquez v. County of Kern
Prisoner presented sufficient facts to establish violation of her right to bodily privacy when she alleged that officer looked at her inappropriately three or four times while she was showering.
Civil Rights 9th Feb. 3, 2020
Clark v. Chappell
Order
9th Feb. 3, 2020
People ex rel. Lacey v. Robles
Government Code Section 1099 precludes an individual from simultaneously serving as director of the Water Replenishment District of Southern California and as mayor of a WRD client city.
Government 2DCA/5 Jan. 31, 2020
Morales v. Sherman
A petition is not second or successive when there is an amended judgment and the petition is the first one following that amended judgment.
Criminal Law and Procedure 9th Jan. 31, 2020
Karasek v. Regents of the University of California
Under Title IX of the Education Amendments of 1972, liability attaches when a school's official policy is deliberately indifferent to sexual harassment in any context subject to the school's control.
Civil Rights 9th Jan. 31, 2020
People v. Hoyt
Capital defendant's showing that trial counsel was unqualified to try a capital case per the California Rules of Court was not enough to sustain an ineffective assistance of counsel claim.
Criminal Law and Procedure CASC Jan. 31, 2020
K.J. v. Los Angeles Unified School District
In notices of appeal, an omitted attorney must be included when it is reasonably clear that the attorney intended to join in the appeal, and respondent was not prejudiced by omission.
Civil Procedure CASC Jan. 31, 2020
Brome v. Cal. Highway Patrol
Officer was routinely denied backup assistance during enforcement stops due to his sexual orientation; thus, working conditions were so intolerable that reasonable employee would have been forced to resign.
Employment Discrimination 1DCA/5 Jan. 30, 2020