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Name Category Published
Royal Wulff Ventures v. Primero Mining
Act of state doctrine bars U.S. court from granting relief that would require it to 'pass judgment on the validity' of administrative judgment rendered by another sovereign.
International Law 9th Sep. 18, 2019
First Amendment Coalition v. Ryan
Arizona unconstitutionally restricted witnesses' ability to hear executions. Neither the right of access to governmental proceedings, nor the right of access to courts, provided plaintiffs grounds to requested information regarding their executions.
Constitutional Law 9th Sep. 18, 2019
In re Cobbs
Petitioner's first degree murder conviction under either a felony murder or natural and probable consequences theory must be vacated and the matter remanded for resentencing in light of Senate Bill 1437.
Criminal Law and Procedure 3DCA Sep. 18, 2019
In re: Colusa Regional Medical Center
Bankruptcy court applied an incorrect legal standard with regards to the objective test for surcharge, and improperly found Trustee satisfied the correct objective and subjective tests for surcharge.
Bankruptcy BAP Sep. 17, 2019
City of Dana Point v. New Method Wellness, Inc.
Unlicensed properties operating as drug treatment facilities violated City's zoning ordinance and constituted a public nuisance, warranting issuance of a permanent injunction.
Real Property 4DCA/3 Sep. 17, 2019
Reynolds v. Lau
Under San Francisco Residential Rent Stabilization and Arbitration Ordinance Section 37.9, a landlord may evict a tenant to occupy that unit so long as it is done in good faith.
Real Property 1DCA/1 Sep. 17, 2019
People v. Aviles
'People v. Duenas' was wrongly decided; thus, constitutional challenge to imposition of fines, fees, and assessments should be based on Excessive Fines Clause of Eighth Amendment instead of due process.
Criminal Law and Procedure 5DCA Sep. 17, 2019
U.S. v. Schopp
State statutes of convictions concerning sexual assault and sexual abuse not categorical match to federal definition of sexual exploitation of children; thus, district court erred by applying multiple-conviction enhancement.
Criminal Law and Procedure 9th Sep. 17, 2019
In re Alpha Media Resort Investment Cases
There was no reason to override trial court's reasoned judgment that plaintiffs met their burden to prove impracticability in bringing cause of action to trial within 5 years of commencement.
Civil Procedure 1DCA/3 Sep. 17, 2019
Modification: People v. Caro
Because jury would not have reached a different result had the court excluded challenged statements under 'Miranda v. Arizona,' admission was harmless; thus, death sentence affirmed.
Criminal Law and Procedure CASC Sep. 16, 2019
People v. Caceres
Defendant's threats against his child's mother constituted domestic violence under Family Code Section 6211, a statutory section expressly cross-referenced in Penal Code Section 136.2(i)(1); thus, trial court properly issued protective order.
Criminal Law and Procedure 2DCA/1 Sep. 16, 2019
In re A.W.
To enhance the crime of vandalism to a felony under California Penal Code Section 594, average costs may not be used to prove the defendant inflicted $400 or more in damages.
Criminal Law and Procedure 4DCA/3 Sep. 16, 2019
People v. Thomas
Substantial evidence supported the trial court's conclusion petitioner intended to cause great bodily injury and not true finding on great bodily injury allegation did not preclude trial court's conclusion in resentencing eligibility context.
Criminal Law and Procedure 2DCA/2 Sep. 16, 2019
In re L.M.
Juvenile court did not err in considering minor's proposed placement, rather than solely removal, in applying the best interest standard, and juvenile court's finding was supported by substantial evidence.
Dependency 4DCA/1 Sep. 16, 2019
Crouch v. Trinity Christian Center of Santa Ana, Inc.
Flying into tirade at 13-year-old girl who had been drugged and raped and yelling at her that she was stupid and it was her fault was sufficiently extreme and outrageous to impose liability.
Torts 4DCA/3 Sep. 16, 2019
Levin v. Winston-Levin
In order to be liable for double damages under Probate Code Section 859, it must be proven that the accused person acted in bad faith.
probate_and_trusts 4DCA/3 Sep. 16, 2019
The Lake Norconian Club Foundation v. Dept. of Corrections
Department of Corrections and Rehabilitation was under no statutory duty to maintain former hotel it owned, so failure to act was not correctible by writ of mandate.
Environmental Law 1DCA/4 Sep. 16, 2019
Calaveras Telephone Company v. Public Utilities Commission
Public Utilities Commission's resolution and decision departed from well-established requirements governing issuance of funding from California High Cost Fund A; thus, Commission abused its discretion.
Utilities 3DCA Sep. 16, 2019
J.H. Boyd Enterprises, Inc. v. Boyd
While denial of motion to compel arbitration is appealable, that statute does not mention judicial reference; thus, there was no statutory authority for review of order denying judicial reference.
Civil Procedure 5DCA Sep. 13, 2019
ZB, N.A. v. Superior Court (Kalethia Lawson)
Labor Code Section 558 provides no private right of action and plaintiff could not recover unpaid wages under Section 558 in a Private Attorneys General Act claim as she requested.
statutory_interpretation CASC Sep. 13, 2019
Friend (Jack Wayne) on H.C.
Order
CASC Sep. 13, 2019
People v. Gentile
Order
CASC Sep. 13, 2019
Ixchel Pharma v. Biogen
Order
CASC Sep. 13, 2019
Bennett v. Superior Court
Trial court's consideration of inadmissible case-specific hearsay was central to its finding of probable cause to commit petitioner as a sexually violent predator, so petitioner's writ petition must be granted.
Evidence 2DCA/2 Sep. 13, 2019
People v. Hughes
Penal Code Section 1001.36 applies retroactively to cases in which judgment is not yet final for criminal defendants.
Criminal Law and Procedure 1DCA/5 Sep. 13, 2019
Roberts v. City and County of Honolulu
The appropriate legal standard for determining the prevailing hourly rate for reasonable attorney's fees is to examine the rates in the local legal community for similar work by comparable attorneys.
Attorneys 9th Sep. 13, 2019
Enigma Software v. Malwarebytes, Inc.
The immunity provided in Section 230 of the Communications Decency Act does not apply to software that the provider finds objectionable for anti-competitive reasons.
Cyber Law 9th Sep. 13, 2019
U.S. v. Hong
Defendant did not attempt to pass himself off as his patients in fraudulent billing scheme; thus, defendant did not 'use' patient's identities within meaning of aggravated identity theft statute.
Criminal Law and Procedure 9th Sep. 13, 2019
Barr v. East Bay Sanctuary Covenant
Order
USSC Sep. 13, 2019
Machado v. Myers
Trial court correctly granted Code of Civil Procedure Section 664.6 motion for entry of judgment, but the judgment actually entered improperly modified the terms of the parties' settlement agreement.
Civil Procedure 4DCA/1 Sep. 12, 2019