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Name Category Published
People v. Corder
A trial court correctly convicted a defendant who evaded law enforcement in pursuit on a private road, because the rules of the road also apply when a pursuit occurs on a private road.
Criminal Law and Procedure 3DCA Aug. 27, 2018
People v. Eastman
Sex Offender Registration Act is meant to provide 'standardized, statewide system;' thus, trial court lacks discretion to truncate applicability of registration requirement to within voyeur's probationary period.
Criminal Law and Procedure 6DCA Aug. 27, 2018
Sander v. State Bar of California
Under the California Public Records Act, the State Bar was not required to create new records by changing the substantive content of an existing record to satisfy a request for information.
Public Records Act 1DCA/3 Aug. 27, 2018
Williams v. The Pep Boys
A trial court erred in failing to award damages for the costs of providing home health services to decedent where he was cared for at home.
Torts 1DCA/4 Aug. 27, 2018
Fuentes v. TMCSF, Inc.
A trial court properly denied a motion to compel arbitration, where the moving party was not a signatory to the agreement which contained the arbitration provision at issue.
Arbitration 4DCA/2 Aug. 27, 2018
Center for Community Action v. City of Moreno Valley
'Clear evidence' that state legislature intended to 'exclusively delegate approval of development agreements to governing bodies,' and to preclude the right of initiative-derived approval.
Government 4DCA/1 Aug. 27, 2018
U.S. ex rel. Rose v. Stephens Institute
False Claims Act falsity standard from 'Escobar' requires two-condition threshold showing, demonstrating defendant made specific representations and failed to disclose noncompliance in way that made representations 'misleading half-truths.'
Government 9th Aug. 27, 2018
Barrera-Lima v. Sessions
Washington's indecent exposure statute does not require lewd intent as is required under immigration laws; thus, defendant's conviction was not a crime of moral turpitude under 8 U.S.C. Section 1229b(b).
Immigration 9th Aug. 27, 2018
Modification: People v. Nuno
Required 'nexus element' of deadly weapon probation prohibition lacking in hit-and-run case; defendant was not using car as deadly weapon when fleeing scene of collision.
Criminal Law and Procedure 4DCA/1 Aug. 27, 2018
People v. Jones
Under the totality of the circumstances, defendant's waiver of a jury trial did not affirmatively show it was knowing, intelligent and voluntary because the court only made a bare two-question inquiry.
Criminal Law and Procedure 2DCA/7 Aug. 24, 2018
Scott v. McDonald
Where probate court explicitly sets out proper legal standards as basis for its decisions, appellant's challenge that court applied in correct standards fails.
probate_and_trusts 4DCA/2 Aug. 24, 2018
Conservatorship of Presha
Although Probate Code Section 2620(d) applies to accountings and not to petitions for conservator's fees the probate court's error was harmless because it has the authority to examine billing practices.
probate_and_trusts 4DCA/2 Aug. 24, 2018
GameStop, Inc. v. Superior Court
District attorney is not 'party' to litigation, and acts in capacity as state officer when bringing enforcement action of Secondhand Dealers Law; thus transfer to neutral county under Code of Civil Procedure Section 394 not warranted.
Civil Procedure 4DCA/2 Aug. 24, 2018
Marriage of Macilwaine
Under 'extraordinary earner provision' of Family Code, court must consider standard of living 'attainable' based on parent's income; court should not apply general objective standard.
Family Law 1DCA/2 Aug. 24, 2018
Abbott Laboratories v. S.C. (Rackauckas)
Order
4DCA/1 Aug. 24, 2018
People v. Long
Order
4DCA/2 Aug. 24, 2018
Saint Francis Memorial Hospital v. California Dept. of Public Health
Order
1DCA/1 Aug. 24, 2018
Nguyen v. Sessions
The BIA wrongly determined that a legal permanent resident (LPR) was ineligible for cancellation of removal based on rule relating to inadmissibility, given the petitioner, as an LPR, couldn't be rendered 'inadmissible.'
Immigration 9th Aug. 24, 2018
U.S. v. Bankston
U.S. Sentencing Guidelines not subject to void for vagueness challenges.
Criminal Law and Procedure 9th Aug. 24, 2018
City of Morgan Hill v. Bushey
Local citizens may by initiative invalidate zoning decision, even where such invalidation prevents locality from harmonizing general plan and zoning rules; but some other extant or potential zoning designations must be available.
Government CASC Aug. 24, 2018
King v. CompPartners, Inc.
When an injury arises out of and in the course of utilization review - a statutorily required part of the workers' compensation claims process - it is compensable under the Workers' Compensation Act.
Workers' Compensation 4DCA/2 Aug. 24, 2018
Modification: People v. Mora & Rangel
Under the 2010 California Supreme Court case People v. Brady, in the penalty phase of a trial: Victim impact evidence concerning the effect of the murders on the family members is relevant and admissible as a circumstance of the crime.
Constitutional Law CASC Aug. 24, 2018
Maplebear v. Busick
Partial final arbitration award that speaks to preliminary issue but 'leaves unanswered almost every question' raised in arbitration demand is not an 'award' on which superior court can act.
Arbitration 1DCA/2 Aug. 23, 2018
People v. Ho
Court did not err in admitting evidence of defendant's drug use and lack of sleep night before fatal car crash; though evidence was not meant to show defendant's impairment at the time of crash, it could demonstrate 'continuous course of conduct' evincing gross negligence.
Criminal Law and Procedure 1DCA/3 Aug. 23, 2018
Cortese v. Sherwood
A cause of action can still fall within the initial scope of Civil Code Section 1714.10 without regard to whether the word 'conspiracy' appears in the cause of action.
probate_and_trusts 1DCA/5 Aug. 23, 2018
In re Pangang Group Co., Ltd.
Federal Rule of Criminal Procedure 4(c)(3)(D)'s enumerated list simply gives the government the benefit of a presumption and does not limit the scope of 'by any other means that gives notice.'
Criminal Law and Procedure 9th Aug. 23, 2018
Sun v. Advanced China Healthcare
Party arguing against contractual forum-selection clause must lift heavy burden; where enforcement does not make trial 'gravely difficult' or contravene 'strong public policy,' and contract was not product of 'fraud or overreaching,' clause should be enforced.
Civil Procedure 9th Aug. 23, 2018
Lopez v. Sessions
Convictions expunged under California Penal Code Section 1203.4 generally remain sufficient grounds for subsequent removal proceedings.
Immigration 9th Aug. 23, 2018
U.S. v. Vasquez-Gonzalez
The mens rea requirement for California Penal Code Section 245(a)(1) is a categorical match to 18 U.S.C. Section 16(a) and thus qualifies as a crime of violence.
Criminal Law and Procedure 9th Aug. 23, 2018
In re D.B.
Juvenile court properly ruled that parents' physical abuse of toddler's older sibling can support ruling deeming toddler dependent.
Juveniles 4DCA/1 Aug. 22, 2018