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Name Category Published
Homeaway.com v. City of Santa Monica
Vacation rental hosting platforms subject to Santa Monica Ordinance 2535 were not entitled to Communications Decency Act immunity, and the First Amendment was not implicated because only nonspeech, nonexpressive conduct was regulated. 		Civil Rights 9th Mar. 14, 2019
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 Mar. 13, 2019
Shrewsbury Management, Inc. v. Superior Court
Discovery mechanisms in judgment debtor examination should be 'broadly construed;' subpoena duces tecum may issue to third parties other than those who control debtor's finances or property. 		Civil Procedure 6DCA Mar. 13, 2019
U.S. v. Prien-Pinto
The lack of a mens rea requirement for stolen firearm enhancements under U.S.S.G. Section 2K2.1(b)(4) does not violate the Fifth Amendment. 		Criminal Law and Procedure 9th Mar. 13, 2019
Franks Landing Indian Community v. National Indian Gaming Commission
Without formal recognition from Secretary of Interior, Indian community lacks authority to begin gaming operations. 		Native American Affairs 9th Mar. 13, 2019
U.S. v. Door
Second-degree assault under Wash. Rev. Code Section 9A.36.021(1)(c) is not a 'crime of violence' under U.S.S.G. Section 4B1.2(a) for sentencing pursuant to U.S.S.G. Section 2K2.1(a)(2). 		Criminal Law and Procedure 9th Mar. 13, 2019
Dieringer v. Commissioner of Internal Revenue
Manipulating the valuation used in appraisal for charitable deduction purposes is improper, and a testator may only deduct what is actually received by the charity. 		Tax 9th Mar. 13, 2019
People v. Barton
Where defendant negotiates a plea agreement and specifically waives the right to appeal the sentence, defendant may not appeal based on subsequently-enacted favorable sentencing laws. 		Criminal Law and Procedure 5DCA Mar. 12, 2019
Su v. Stephen S. Wise Temple
Teachers who taught religious principles, but were not held out as ministers and required no formal religious education or background, were not ministerial employees as a matter of law. 		Constitutional Law 2DCA/3 Mar. 12, 2019
People v. Anthony
'Miranda' violation where police assure suspect they won't question about crime, but ask inculpatory questions; harmless error where other evidence showed 'ample support' for conviction. 		Criminal Law and Procedure 1DCA/2 Mar. 12, 2019
In Re Pettit Oil Co.
Proceeds arising from goods possessed by consignee debtor to be treated, like the goods, as part of bankruptcy estate when debtor files for bankruptcy, unless consignor has perfected interest. 		Bankruptcy 9th Mar. 12, 2019
Centex Homes v. R-Help Construction Co., Inc.
When a claim alleges facts giving rise to a duty to defend under an indemnity agreement, the duty begins upon proper tender of defense as a matter of law. 		Civil Procedure 2DCA/6 Mar. 12, 2019
Marriage of Martin
Family Code section automatically terminating spousal support when receiving spouse remarries has no effect where parties waive the statute by leaving box unchecked in support agreement giving effect to section. 		Family Law 4DCA/2 Mar. 12, 2019
Landau v. Superior Court
Sexually Violent Predator Act was amended to allow district attorneys the explicit authority to subpoena a sexually violent predator's otherwise confidential medical records; thus, petitioner's motion to quash subpoena properly denied. 		statutory_interpretation 4DCA/3 Mar. 11, 2019
Southcott v. Julian-Cuyamaca Fire Protection Dist.
District dissolution, subject to a pervasive state regulatory scheme, is an administrative act of local government controlled by the Reorganization Act, and referendum is inappropriate to challenge proposed dissolution. 		Government 4DCA/1 Mar. 11, 2019
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 Mar. 11, 2019
Marriage of Wong
When all orders issued in a dispute would technically be postjudgment orders, injunctive orders are appealable and preliminary orders regarding discovery or joinder are not. 		Civil Procedure 4DCA/3 Mar. 11, 2019
Boschetti v. Pacific Bay Investments Inc.
California courts lack jurisdiction to order dissolution of foreign state LLC's and LP's when the controlling foreign state's laws do not provide for compulsory buyout rights. 		statutory_interpretation 1DCA/4 Mar. 11, 2019
Anderson v. State Farm
The thirty-day removal clock under Code of Civil Procedure Section 1446(b)(1) begins to run when the defendant, not a statutorily designated agent, receives the complaint. 		Civil Procedure 9th Mar. 11, 2019
Juen v. Alain Pinel Realtors, Inc.
The policy of a business to take certain actions under certain circumstances is by itself insufficient evidence to establish that the policy was adhered to on a specific occasion. 		Evidence 6DCA Mar. 8, 2019
Thuraissigiam v. U.S. Dept. of Homeland Security
8 U.S.C. Section 1252(e)(2) violated the Suspension Clause by failing to provide a meaningful opportunity for petitioner to show he was being held under erroneous application or interpretation of law. 		Immigration 9th Mar. 8, 2019
Mairena v. Barr
Board of Immigration Appeals may consider sentencing enhancements in determining that a petitioner was convicted of a per se particularly serious crime for purposes of withholding of removal. 		Immigration 9th Mar. 8, 2019
DW Aina Le'A Development v. State of Hawaii Land Use Commission
Order 		9th Mar. 8, 2019
Modification: People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware. 		Criminal Law and Procedure 2DCA/2 Mar. 8, 2019
Modification: Anderson v. Shiomoto
Person with 'a disorder characterized by lapses of consciousness' may be refused issuance or renewal of driver's license under Vehicle Code Section 12806(c) despite not suffering lapse within three years. 		Administrative Agencies 4DCA/2 Mar. 7, 2019
Citrus El Dorado v. Chicago Title Co.
Trustee's sale of real property following nonjudicial foreclosure is subject to tort liability only for the violation of duties established by the deed of trust and governing statutes; thus, defendant's demurrer properly sustained. 		Real Property 4DCA/2 Mar. 7, 2019
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 Mar. 7, 2019
People v. Kelly
Certificate of probable cause was required to appeal because defendant challenged the sentence to which she agreed as an integral part of the plea agreement; thus, appeal was dismissed. 		Criminal Law and Procedure 2DCA/6 Mar. 7, 2019
People v. Camacho
Defendants moving to vacate a conviction due to prejudicial erroneous information provided by counsel regarding immigration consequences need not meet the *Strickland v. Washington* test showing ineffective assistance of counsel. 		Criminal Law and Procedure 2DCA/2 Mar. 7, 2019
In re D.D.
Substantial evidence supported juvenile court's findings that the previous disposition of returning the children to mother's custody had not been effective in protecting the children under Welfare and Institutions Code Section 387. 		Dependency 3DCA Mar. 7, 2019
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