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Name Category Published
People v. Kerbs
Extension of a civil commitment under Penal Code Section 1026.5(b) must be buttressed by substantial evidence; conjectural testimony regarding an individual's future dangerousness cannot justify a commitment's extension.
Criminal Law and Procedure 1DCA/2 Jan. 30, 2020
Parsons v. Ryan
A coercive and compensatory contempt order is civil in nature and thus does not provide the same due process protections as a criminal contempt order.
Criminal Law and Procedure 9th Jan. 30, 2020
People v. Adams
'People v. Duenas's holding was in error; indigent defendants do not have a due process right entitling them to an ability-to-pay hearing prior to the court imposing fines and fees.
Criminal Law and Procedure 6DCA Jan. 30, 2020
Department of Homeland Security v. New York
Order
USSC Jan. 29, 2020
Thimon v. City of Newark
City was not liable for creating dangerous condition of public property when victim was hit by driver in crosswalk because there was no history of collisions involving pedestrians in 10 years.
Torts 1DCA/2 Jan. 29, 2020
Fenimore v. The Regents of the University of California
Lower court relied on incorrect dates when it denied plaintiff's motion to amend since complaint was filed within the statue-governed two year limitation.
Civil Procedure 2DCA/8 Jan. 29, 2020
People v. Vasquez
Substantial evidence supported trial court's implied finding that defendant acted with separate objective and intent when he stabbed victim than he did when he bit her; thus, multiple punishments were appropriate.
Criminal Law and Procedure 2DCA/5 Jan. 29, 2020
People v. Cota
Penal Code Section 954 prohibits dual convictions for assault under Section 245(a)(1) and (a)(4) because they are different statements of the same offense.
Criminal Law and Procedure 4DCA/3 Jan. 29, 2020
Modification: People v. Roles
A record affirmatively showing defendant acknowledged his right to a jury with extensive conversations with defense counsel is a knowing and intelligent waiver.
Criminal Law and Procedure 3DCA Jan. 29, 2020
Lopez-Aguilar v. Barr
Oregon Revised Statutes Section 164.395's robbery elements do not match the generic robbery offense elements; thus, petitioner's conviction was not an aggravated felony subjecting him to removal under the INA.
Immigration 9th Jan. 29, 2020
Davis v. U.S.
Order
USSC Jan. 28, 2020
In re J.M.
Welfare and Institutions Code Section 336.26(c)(4) allows the juvenile court to select a permanent plan under specified conditions without first finding a child adoptable.
Juveniles 6DCA Jan. 28, 2020
In re Q.R.
An electronic search condition is not unconstitutionally overbroad as applied to minor if the nature of minor's crimes is directly related to using electronic devices.
Juveniles 6DCA Jan. 28, 2020
The Democratic National Committee v. Hobbs
Arizona's criminalization of third-person ballot delivery and categorical disqualification of out-of-precinct ballots was racially motivated; thus, it violated Section 2 of the Voting Rights Act and the Fifteenth Amendment.
Civil Rights 9th Jan. 28, 2020
Hance v. Super Store Industries
Contracts which violate the canons of professional ethics of attorneys may for that reason be void.
Contracts 5DCA Jan. 27, 2020
In re A.J.
Respondents created a fundamental unfairness that constituted prejudice when they failed to provide incarcerated juvenile with custody hearing notice and refused to appoint him counsel.
Juveniles 2DCA/5 Jan. 27, 2020
Jensen v. iShares Trust
The Investment Company Act of 1940 does not grant investors who purchased securities on the secondary market standing to bring a claim under the Security and Exchange Act of 1933.
Securities 1DCA/2 Jan. 27, 2020
U.S. v. Cooley
Order
9th Jan. 27, 2020
Conde Quevedo v. Barr
Guatemalans who only report criminal activity of gangs to police without doing more are not a cognizable distinct social group for purposes of withholding removal.
Immigration 9th Jan. 27, 2020
Presbyterian Camp and Conference Centers v. S.C. (California Dept. of Forestry and Fire Protection)
Order
CASC Jan. 24, 2020
Hensel Phelps Construction Co. v. Superior Court
Parties to construction contract may not contractually determine when statute of limitations begins to run under Civil Code Section 941 because statute's date of 'substantial completion' is an objective fact.
Civil Procedure 4DCA/1 Jan. 24, 2020
Schmidt v. Superior Court
A constitutional finding of judicial gender bias warranting reversal on due process grounds is only appropriate when 'extreme facts' demonstrate a probability of actual bias.
Constitutional Law 2DCA/8 Jan. 24, 2020
Hedayatzadeh v. City of Del Mar
No liability for city not erecting a pedestrian barrier preventing the public from willfully accessing hazardous areas.
Torts 4DCA/1 Jan. 24, 2020
Zemek v. Superior Court
A court's denial of a Section 995 motion will be upheld if evidence shows either express malice or implied malice.
Criminal Law and Procedure 4DCA/2 Jan. 24, 2020
Roger v. County of Riverside
Government Claims Act prohibited respondent from using 'timeliness' defense in litigation because respondent failed to notify complainant of defect in claim as required.
Torts 4DCA/2 Jan. 24, 2020
Williams v. 21st Mortgage Corp.
A confirmed Chapter 13 Bankruptcy Plan is a new binding contract on creditors and debtors that prohibits creditors from obtaining previous default proceeds.
Bankruptcy 1DCA/4 Jan. 24, 2020
LAOSD Asbestos Cases
Appellants' documents in opposition to respondent's expert's conclusion that respondent's talcum powder did not contain asbestos did not have 'specific facts' necessary to raise triable issue of material fact.
Torts 2DCA/4 Jan. 24, 2020
Barefoot v. Jennings
Probate Code Sections 17200 and 17202 grant standing to a petitioner who seeks to invalidate trust amendments procured through fraud, if the challenge would render the petitioner a trust beneficiary.
probate_and_trusts CASC Jan. 24, 2020
People v. Leon
Although officers did not alert defendant to his right to have the Mexican consulate notified of his detention, defendant's statements were properly admitted because no prejudice flowed from the omission.
Criminal Law and Procedure CASC Jan. 24, 2020
People v. Partee
A witness's passive failure to testify in murder trial is not an overt act that would justify an 'accessory after the fact' to murder conviction.
Criminal Law and Procedure CASC Jan. 24, 2020