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Name Category Published
In re R.C.
'Concealed' in context of Penal Code Section 647(j)(3)(A) can take on various plain meanings, and defendant's argument attempting to apply only one meaning was unpersuasive. 		Criminal Law and Procedure 2DCA/4 Aug. 30, 2019
Lopez v. Bartlett Care Center, LLC
Resident-Facility Arbitration Agreement was properly found unenforceable due to unconscionability, and the court deferred to the trial court's credibility determination favoring plaintiff in the face of conflicting evidence. 		Arbitration 4DCA/3 Aug. 30, 2019
Bustos v. Wells Fargo Bank, N.A.
Under Section 2924.12(h) of the California Homeowner Bill of Rights attorney fees and costs may be awarded when a prevailing borrower obtains temporary or permanent injunctive relief. 		Remedies 3DCA Aug. 30, 2019
People v. Buchanan
Trial courts have discretion to impose concurrent sentences for multiple serious or violent felonies against a single victim if they were committed on the 'same occasion.' 		Criminal Law and Procedure 1DCA/5 Aug. 30, 2019
Lopez-Aguilar v. Barr
Order 		9th Aug. 30, 2019
Animal Legal Defense Fund v. USDA
5 U.S.C. Section 552(a)(4)(B) provides district courts with authority to order agency to post records in online reading room; thus, dismissal of Freedom of Information Act claim reversed. 		Administrative Agencies 9th Aug. 30, 2019
Modification: In re Ricardo P.
Because there was no indication that defendant used or will use electronic devices in connection with any illegal activity, record was insufficient to justify substantial burdens imposed by electronics search condition. 		Criminal Law and Procedure CASC Aug. 30, 2019
Franco v. Greystone Ridge Condominium
Arbitration agreements retroactively apply to claims filed before the signing of the arbitration agreement, when the agreement is clear and no qualifying language limits its applicability. 		Employment Law 4DCA/3 Aug. 29, 2019
Benton v. Benton
Code of Civil Procedure Section 425.17(e) provides that denial of a special motion to strike an anti-SLAPP complaint because the action is exempt under that section, may not be appealed. 		Anti-SLAPP 4DCA/2 Aug. 29, 2019
Rodriguez v. Workers' Comp. Appeals Bd.
Government Code Section 21174, not Section 21171, provides the applicable time limitation for a CalPERS member to request determination of industrial causation, and petitioner complied with this time limitation. 		Workers' Compensation 6DCA Aug. 29, 2019
People v. Cadena
Defendant's life sentence violated constitutional prohibition against cruel or unusual punishment when defendant briefly touched minor victims over their clothes, was remorseful and had no prior criminal history. 		Criminal Law and Procedure 2DCA/1 Aug. 29, 2019
Stephens v. Union Pacific Railroad
Plaintiff failed to create a genuine issue of fact on whether any asbestos exposure that might have occurred was a substantial factor in causing his disease, so his negligence claim failed. 		Torts 9th Aug. 29, 2019
U.S. v. Hanson
District court violated Ex Post Facto Clause by applying 18 U.S.C. Section 3583(k), enacted after defendant was initially convicted, rather than Section 3583(e)(3), the applicable statute at time of conviction. 		Criminal Law and Procedure 9th Aug. 29, 2019
U.S. v. Lillard
'Period of incarceration' under Section 3664(n) of the Mandatory Victims Restitution Act does not include pretrial detention and therefore does not apply to funds received during periods of pretrial detention. 		Criminal Law and Procedure 9th Aug. 29, 2019
U.S. v. McAdory
An offense is a predicate felony for conviction under Section 922(g)(1) if it is punishable by imprisonment for more than a year and the defendant is exposed to such sentences. 		Criminal Law and Procedure 9th Aug. 29, 2019
Poursina v. USCIS
Decision to grant or to refuse a national-interest waiver in order to seek a permanent employment-based visa comes within 8 U.S.C. Section 1252(a)(2)(B)(ii)'s jurisdictional bar. 		Immigration 9th Aug. 29, 2019
Waldron v. Federal Deposit Insurance Corp.
Because 'In re Parker N. Am. Corp.' was inapplicable, plaintiff was required to exhaust administrative remedies under Financial Institutions Reform, Recovery, and Enforcement Act to provide bankruptcy court subject matter jurisdiction. 		Bankruptcy 9th Aug. 29, 2019
Gilmore v. Lockard
A party need not satisfy good cause or extraordinary circumstances standard provided in 28 U.S.C. Section 636(c)(4) in order to withdraw magistrate judge consent before all parties have consented. 		Civil Procedure 9th Aug. 29, 2019
Churchman v. Bay Area Rapid Transit Dist.
Train operator did not owe passenger heighted duty of care under Civil Code Section 2100 because her injuries were caused by ordinary risks of busy train platform. 		Torts 1DCA/5 Aug. 29, 2019
People v. Sapienza
Defendant failed to appeal imposed judgment which was suspended in order to place him on probation; thus, defendant not entitled to pretrial diversion program because his judgment was final. 		Criminal Law and Procedure 4DCA/2 Aug. 28, 2019
In re J.F.
When a party fails to reference an earlier order in a notice of appeal, a court may not liberally construe the order to include an appeal of the earlier order. 		Juveniles 4DCA/2 Aug. 28, 2019
In re N.C.
Minor's commitment to Division of Juvenile Justice was not based on insufficient evidence of probable benefit, and potential alternative programs were properly deemed ineffective or inappropriate. 		Juveniles 1DCA/3 Aug. 28, 2019
In re Nicole S.
Trial court did not err in ruling that attorney fees pursuant to Code of Civil Procedure Section 1021.5 are not recoverable in a dependency proceeding. 		Juveniles 1DCA/4 Aug. 28, 2019
People v. Gonzalez
Under Penal Code Section 667(c) any sentence imposed will be served consecutive to any other sentence if the defendant is 'already serving' for a prior conviction. 		Criminal Law and Procedure 4DCA/1 Aug. 28, 2019
Marriage of Sahafzadeh-Taeb and Taeb
Trial court's thorough recitation of reasons supporting finding of bad faith constituted an implied finding of bad faith sufficient to support sanctions against appellant's counsel for failure to appear at trial. 		Civil Procedure 1DCA/1 Aug. 28, 2019
People v. Montellano
Trial court's preliminary eligibility determination, alone, did not entitle defendant to a second-strike sentence, so the ruling did not necessarily impact the People's substantial rights and was not appealable. 		Criminal Law and Procedure 2DCA/5 Aug. 28, 2019
Howard Jarvis Taxpayers Assn. v. Newsom
Senate Bill No. 1107 undermines fundamental purpose of Political Reform Act of 1974 by removing ban on publicly funded election campaigns; thus, SB 1107 was invalid. 		Government 3DCA Aug. 28, 2019
Singh v. Barr
Record did not compel conclusion that Punjabi police persecuted petitioner on account of his imputed political opinion; thus, his asylum claim failed. 		Immigration 9th Aug. 28, 2019
Huerta v. City of Santa Ana
There was no 'dangerous condition of public property' or any 'peculiar condition' that would trigger obligation by City to modify its street lighting at accident scene. 		Government 4DCA/3 Aug. 27, 2019
Gates v. Blakemore
Proposed ballot initiatives were properly ruled invalid preelection because their proposed actions violated the California Constitution or the County Budget Act. 		Government 4DCA/2 Aug. 27, 2019
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