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U.S. v. Myers
When weighing whether the state or federal government violated someone's right to a speedy trial under the Sixth Amendment, the court must consider the nature and circumstances of the delay.
Criminal Law and Procedure 9th Jul. 23, 2019
U.S. v. Mixon
Appellant's arguments for attorneys' fees award under Hyde Amendment centered on investigating agents' conduct, rather than any independent prosecutorial misconduct or the government's litigating position, and thus failed.
Criminal Law and Procedure 9th Jul. 23, 2019
Wilson v. Cable News Network, Inc.
Anti-SLAPP statute contains no exception for discrimination or retaliation claims; thus, journalist's termination for alleged plagiarism constituted 'conduct in furtherance of' employer's 'speech in connection with' public matter.
Anti-SLAPP CASC Jul. 23, 2019
Chen v. Los Angeles Truck Centers, LLC
Trial court was not required to revisit choice of law ruling which found Indiana law applied because plaintiffs' settlement with Indiana-based defendant was not such an exceptional circumstance warranting such reexamination.
Civil Procedure CASC Jul. 23, 2019
Hollywoodians Encouraging Rental Opportunities v. City of L.A.
City properly concluded that hotel project would have no impact on population and housing because it would not displace any tenants or eliminate any rental units; thus, CEQA claim failed.
Environmental Law 2DCA/3 Jul. 23, 2019
People v. North River Insurance Co.
A motion to vacate forfeiture and exonerate a bail bond may be granted when the criminal defendant fails to appear under Section 1305(a) of the California Penal Code.
Criminal Law and Procedure 6DCA Jul. 23, 2019
People v. Cooper
Defendant's statements to police regarding inability to perform field sobriety tests and refusal to submit to breath or blood tests were voluntary and not barred by the Fifth Amendment.
Criminal Law and Procedure 2DCA/3 Jul. 22, 2019
People v. Rubio
When officers have reason to suspect that a crime is being perpetrated or that an individual has been injured, a warrantless entry does not violate the Fourth Amendment.
Criminal Law and Procedure 1DCA/4 Jul. 22, 2019
Sacramentans for Fair Planning v. City of Sacramento
Project approval under general plan policy authorizing more intense development than zoning otherwise allowed was rationally related to city's legitimate goal of obtaining quality infill development that provided significant community benefit.
Constitutional Law 3DCA Jul. 22, 2019
In re A.M.
Under Section 213.5 of the Welfare and Institutions Code, a juvenile court may issue a restraining order against a father if doing so is in daughter's best interest.
Juveniles 2DCA/2 Jul. 22, 2019
Roque De La Fuente v. Alex Padilla
California's ballot access laws reasonably relate to California's important regulatory interest in managing its democratic process and were proportionate to California's large voter population.
Civil Rights 9th Jul. 22, 2019
Disability Rights Montana v. Batista
Plaintiff's complaint, which described the horrific treatment of prisoners, was supported by factual allegations more than sufficient to 'state a claim to relief that was plausible on its face.'
Constitutional Law 9th Jul. 22, 2019
City of Hesperia v. Lake Arrowead Comm. Serv. Dist.
Community Services District failed to establish Government Code Sections 53091(e) and 53096(a) provided an absolute or qualified exemption from compliance with City's zoning requirements.
Government 4DCA/1 Jul. 22, 2019
Brown v. City of Sacramento
Although plaintiff's suspension was a discrete act, plaintiff's claim based on suspension was timely because suspension only became final within the one-year statute of limitations for filing an administrative complaint.
Civil Procedure 3DCA Jul. 19, 2019
Ortiz v. Dameron Hospital Assn.
Employer's disparaging comments about an employee's ability to speak English amounted to discriminatory harassment under California's Fair Employment and Housing Act.
Employment Law 3DCA Jul. 19, 2019
Galvan v. Dameron Hospital Assn.
Reasonable trier of fact could conclude supervisory employee intentionally created intolerable working conditions, and that a reasonable person faced with those conditions would have felt compelled to leave.
Employment Discrimination 3DCA Jul. 19, 2019
Flores v. Barr
To show prejudice in ineffective assistance of counsel, the petitioner only needs to show plausible grounds for relief and need not substantially support his claim in his motion to reopen.
Immigration 9th Jul. 19, 2019
Anderson v. Ghaly
Federal Nursing Home Reform Amendments provided the right to state-provided process capable of providing relief, but did not require state to implement hearing decisions directly through a state agency.
Administrative Agencies 9th Jul. 19, 2019
Marinelarena v. Sessions
California conviction for conspiracy to sell and transport controlled substance was ambiguous as to whether it constituted controlled substance offense under federal law; thus, petitioner was not ineligible for cancellation of removal.
Immigration 9th Jul. 19, 2019
Satele v. Superior Court
Trial court erred in denying access to evidence based on defendant's failure to establish 'good cause' under Penal Code Section 1054.9(d) because statute does not apply to request for access to court exhibits.
Criminal Law and Procedure CASC Jul. 19, 2019
In re Arroyo
Proposition 57 did not dictate timing of inmate's parole suitability hearing, only that the inmate was suitable for hearing, and petitioner already received all relief requested in his habeas petition.
Civil Rights 4DCA/3 Jul. 19, 2019
Doe v. Dept. of Children & Family Services
Nonsuit was proper because plaintiff's evidence failed to establish private defendants had duty to protect plaintiff from third-parties' crimes, and county defendants' breaches of mandatory duties were not proximate cause of harm.
Torts 2DCA/8 Jul. 19, 2019
Williams v. Fremont Corners, Inc.
Under California law, landowners are required to maintain land in their possession and control in a reasonably safe condition, but they have no duty to protect from third party conduct.
Torts 6DCA Jul. 19, 2019
In re Harley C.
Government Code Section 68070 permits application of local rules when they are not inconsistent with the law or with the rules adopted and prescribed by Judicial Council.
Juveniles 2DCA/7 Jul. 18, 2019
Nodal v. Cal-West Rain, Inc.
Juror's statements during deliberations injected opinions explicitly based on outside information that were contrary to the evidence, instructions, and theories tried and thus, influenced jurors and prejudiced plaintiff.
Civil Procedure 2DCA/6 Jul. 18, 2019
People v. Williams
Defendants who made a plea deal must obtain a certificate of probable cause before asking, on appeal, for a remand for resentencing under Senate Bill No. 1393.
Criminal Law and Procedure 2DCA/8 Jul. 18, 2019
McCleery v. Allstate Ins. Co.
Plaintiffs' trial plan was properly rejected because it failed to address means to fairly establish defendants' liability on a class-wide basis as to any claim.
Civil Procedure 2DCA/1 Jul. 17, 2019
Ixchel Pharma v. Biogen
Order
9th Jul. 17, 2019
In re Kevan Harry Gilman
When creditor voluntarily files Code of Civil Procedure Section 685.080 motion with bankruptcy court for postpetition attorneys' fees, Bankruptcy Code Section 108(c) does not toll two-year limitation in Section 685.080.
Bankruptcy BAP Jul. 16, 2019
Smith v. Davis
Order
9th Jul. 16, 2019