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Name Category Published
Look v. Penovatz
Family Code Section 3950 does not apply if child support is being paid by the parent from whom reimbursement is being sought.
Family Law 6DCA Apr. 10, 2019
Stokes v. Muschinske
Trial court could have reasonably inferred that juror's failure to disclose two prior lawsuits he was involved in was unintentional; there were no substantive hearings and no indication he was actively involved.
Civil Procedure 2DCA/8 Apr. 10, 2019
United States v. Johnson
Defendant's concessions in district court foreclosed argument that his conviction under California Penal Code Section 245(a)(1) was not a felony crime of violence under U.S. Sentencing Guidelines Manual Section 2k2.1(a)(4)(A); thus, sentence affirmed.
Criminal Law and Procedure 9th Apr. 10, 2019
Demarest v. HSBC Bank USA
Because trustee of traditional trust was sued in its own name, its citizenship was all that mattered for diversity purposes and not citizenship of trust's investors; thus, diversity jurisdiction was proper.
Civil Procedure 9th Apr. 9, 2019
County of San Diego Dept. of Child Support Services v. C.P.
Current Family Code Section 4007.5 applies only to child support orders issued or modified on or after October 8, 2015 and does not save statutory protections of former Section 4007.5.
Family Law 4DCA/1 Apr. 9, 2019
People v. Frandsen
Where statutory elements of a crime are analyzed to determine if violent felony was committed, 'Johnson v. United States's holding regarding unconstitutional vagueness does not apply.
Criminal Law and Procedure 2DCA/8 Apr. 8, 2019
Martinez v. Public Employees' Retirement System
'Haywood v. American River Protection Dist.' and 'Smith v. City of Napa' set out relevant disability retirement law and are binding; thus, judgment denying writ of mandate challenging these cases affirmed.
Government 1DCA/2 Apr. 8, 2019
Murray v. BEJ Minerals
Order
9th Apr. 8, 2019
Modification: People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome.
Criminal Law and Procedure 3DCA Apr. 8, 2019
York v. City of Los Angeles
Trial court did not abuse its discretion in denying plaintiffs' mandate petition because denial of grading request did not preclude plaintiffs from submitting another, more modest, development proposal.
Real Property 2DCA/3 Apr. 8, 2019
In re Palmer
Petitioner successfully utilized techniques set forth in 'In re Lynch' to show serial denials of parole punished him so disproportionately to his individual culpability that it was constitutionally excessive.
Civil Rights 1DCA/2 Apr. 8, 2019
Modification: In re M.S.
A pretrial mental health diversion program for mentally ill adults does not apply to juveniles because the juvenile justice system is separate and distinct from the criminal justice system.
Juveniles 2DCA/6 Apr. 5, 2019
Ryze Claim Solutions LLC v. Superior Court
Forum selection clauses may be given effect, in the court's discretion and in the absence of a showing that enforcement of a given clause would be unfair and unreasonable.
Civil Procedure 1DCA/3 Apr. 5, 2019
Point San Pedro Road Coalition v. County of Marin
Marin County's approval of Resolution No. 2015-108 unlawfully extended or enlarged San Rafael Rock Quarry Inc.'s nonconforming use, violating Marin County Code Section 22.122.010.A and the County's zoning ordinance.
Real Property 1DCA/3 Apr. 5, 2019
Mutee v. U.S.
Conviction under North Carolina's breaking-or-entering statute qualifies as predicate felony under Armed Career Criminal Act after Court in 'United States v. Stitt' held that generic burglary includes burglary of mobile structures.
Criminal Law and Procedure 9th Apr. 5, 2019
People v. Aranda
Trial court's failure to receive partial acquittal verdict on first degree murder when jury indicated it acquitted on that offense rendered declaration of mistrial without legal necessity; thus, dismissal of that charge affirmed.
Criminal Law and Procedure 4DCA/2 Apr. 5, 2019
T-Mobile West LLC v. City and County of San Francisco
San Francisco Ordinance No. 12-11, requiring permits for installation or maintenance of wireless equipment along public rights-of-way, was not preempted by Public Utilities Code Section 7901, nor violated Section 7901.1.
statutory_interpretation 1DCA/5 Apr. 5, 2019
In re J.G.
A juvenile court may impose reasonable conditions on probation orders so long as they are tailored to specifically meet the needs of the juvenile.
Juveniles 2DCA/6 Apr. 5, 2019
Friends of Spring Street v. Nevada City
Trial court erroneously determined plaintiff was not successful at a practical level, and abused its discretion finding plaintiff did not enforce an important right affecting public interests.
Civil Procedure 3DCA Apr. 5, 2019
Modification: Sass v. Cohen
'Cassel' not good law; complaint for accounting must plead specific damage amount sought; amount awarded in default judgment over amount sought is void.
Civil Procedure 2DCA/2 Apr. 5, 2019
Shoen v. Zacarias
Trial court's grant of an irrevocable license was an abuse of discretion because the court construed the 'substantial expenditure' requirement too permissively; thus, grant of irrevocable license reversed.
Real Property 2DCA/2 Apr. 5, 2019
Western Heritage Insurance Co. v. Frances Todd, Inc.
Generally, subrogation is not permitted when the policy is intended by the parties to the lease to benefit the lessee.
Insurance 1DCA/5 Apr. 4, 2019
National Asian American Coalition v. Newsom
Trial court may order retransfer of funds the director of finance unlawfully appropriated from the National Mortgage Special Deposit Fund to the General Fund without violating separation of powers principles.
Government 3DCA Apr. 4, 2019
Grafilo v. Wolfsohn
A Department of Consumer Affairs subpoena issued during a Medical Board investigation seeking production of patients' medical records must be supported by good cause justifying invasion of patient privacy.
Health Care 2DCA/1 Apr. 4, 2019
Modification: People v. Joseph
Filing a false CHP-180 form violates Vehicle Code Section 10501(a) and commonly results in violation of Penal Code Section 118, so the specific Section 10501(a) preempts the general Section 118.
statutory_interpretation 2DCA/5 Apr. 4, 2019
Workman v. Colichman
Communication only affecting small group of interested buyers in private home does not constitute 'public issue' under anti-SLAPP law. Appeal over anti-SLAPP motion denial sanctioned.
Anti-SLAPP 2DCA/4 Apr. 4, 2019
Bank of America v. Arlington West Twilight HOA
A private lender can preserve its first deed of trust on a property and help homeowners explore alternatives to foreclosure by paying off the superpriority portion of the homeowners Association Lien.
Real Property 9th Apr. 4, 2019
Komorsky v. Farmers Insurance Exchange
Insurance Code Section 11580.2(a)(1) expressly excludes umbrella automobile insurance policies, and a policy's plain language, not the language of an underlying policy, determines who shall be paid benefits.
Insurance 2DCA/4 Apr. 3, 2019
Kansas v. Glover
Order
USSC Apr. 2, 2019
Biestek v. Berryhill
Vocational expert's refusal to provide private market-survey data upon applicant's request does not categorically preclude the expert's testimony from counting as substantial evidence.
Evidence USSC Apr. 2, 2019