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La Mirada Ave. v. City of Los Angeles
Code of Civil Procedure Section 1021.5 does not require successful party to rest entire dispute once and for all; thus, party may obtain fees even if lawsuit that relates to challenged lawsuit is pending.
Civil Procedure 2DCA/2 May 7, 2018
Davis v. County of Fresno
Attachments that are part of report that must be disclosed under PROBA must also be disclosed where attachments further statute’s purpose.
statutory_interpretation 5DCA May 7, 2018
People v. Douglas
Under 'per se' approach, where prosecutor uses preemptory challenge for both permissible and impermissible reasons, 'taint' of impermissible reason requires reversal for new trial.
Constitutional Law 3DCA May 7, 2018
Hernandez v. Rancho Santiago Community College Dist.
Long-time employee terminated by a school district while she was on an approved medical leave to heal from a work-related injury, was effectively denied reasonable accommodation for her known physical disability, a violation of the California Fair Employment and Housing Act.
statutory_interpretation 4DCA/3 May 7, 2018
Williams v. Moulton Niguel Water Dist.
Water Districts not liable under nuisance theory for chemical causing pinhole pipe leaks where chemical's inclusion was permitted by state health agency.
Civil Procedure 4DCA/3 May 7, 2018
County Lines Holdings, LLC v. McClanahan
One-year statutory time limit regarding 'causes of action' does not bar later enforcement of a judgment lien after a debtor has died.
Civil Procedure 2DCA/6 May 4, 2018
People v. Billingsley
Though court noted it would likely not have stayed mandatory firearm enhancement even if it had discretion to do so, remand necessary for reconsideration after statutory amendments grant such discretion.
Criminal Law and Procedure 2DCA/7 May 4, 2018
In re Juan R.
Probation condition, which allows for warrantless electronic searches, is valid where condition reasonably relates to minor’s compliance with other probation conditions and deters minor from planning future crimes.
Juveniles 1DCA/5 May 4, 2018
Nielsen Contracting Inc. v. Applied Underwriters Inc.
Arbitration and delegation provisions are unenforceable where they were made in violation of regulatory statute and no exception justifying violation applies.
Contracts 4DCA/1 May 4, 2018
Sali v. Corona Regional Medical Center
District court errs by striking declaration in preliminary stage of a class action, because it may not decline to consider evidence based only on whether or not it would be admissible at trial.
Labor Law 9th May 4, 2018
Modification: Garcia v. Mercedes-Benz USA
Trial court does not err in denying fees award to malfunctioning car buyer as prevailing party, as confidential settlement made it uncertain if plaintiff achieved litigation goal.
Civil Procedure 2DCA/2 May 4, 2018
In re D.L.
Finding of risk of future harm reversed in part where court fails to show that risk was present at time of jurisdictional hearing.
Juveniles 2DCA/1 May 4, 2018
People v. Brady
Self-defense requires defendant have subjectively-held objectively reasonable belief that bodily injury was imminent, and 'reasonable' standard is not particularized to specific defendant's personal traits, disabilities or mental disorders.
Criminal Law and Procedure 4DCA/1 May 3, 2018
Hansen v. Sandridge Partners
Easement grant improper where encroacher was negligent as to disputed land issue.
Real Property 5DCA May 3, 2018
In re Aaron J.
Juvenile court properly deems minor ward of court where court is presented with evidence sufficient to make determination under Welfare and Institutions Code Section 241.1.
Juveniles 1DCA/4 May 3, 2018
Daniels Sharpsmart v. Smith
Dormant Commerce Clause prohibits state agency from reaching beyond the borders of California to enforce its regulations
Constitutional Law 9th May 3, 2018
Cachil Dehe Band v. Zinke
Indian Reorganization Act gives Department of Interior authority to take land into trust for tribe’s benefit where ‘tribe’ refers to ‘Indians residing on one reservation.’
Native American Affairs 9th May 3, 2018
U.S. v. Rivero
'Knowing' requirement in statute forbidding illegal smuggling does not require that showing that defendant knew his smuggled items were illegal.
Criminal Law and Procedure 9th May 3, 2018
Lair v. Motl
Order
9th May 3, 2018
Campos-Hernandez v. Sessions
Interpretation that Nicaraguan Adjustment and Central American Relief Act’s requirement of ten years of continuous, physical presence from act constituting grounds of removal refers to ‘last’ such act is reasonable.
Immigration 9th May 3, 2018
People v. Garcia
Court not authorized to sentence postrelease community supervision violator to term of confinement to run consecutively with prison term in another, separate case.
Criminal Law and Procedure 2DCA/6 May 3, 2018
Frank v. Gaos
Order
USSC May 2, 2018
Lamps Plus Inc. v. Varela
Order
USSC May 2, 2018
Bucklew v. Precythe
Order
USSC May 2, 2018
People v. Bocklett
Penal Code Section 3000(a)(4)’s tolling provision does not violate defendant’s constitutional right to equal protection.
Criminal Law and Procedure 4DCA/1 May 2, 2018
People v. Blessett
Failure to raise 'specific' and 'timely' confrontation clause challenge forfeits claim, even where standing law likely would have defeated it, since 'writing was on the wall' that such would change.
Constitutional Law 3DCA May 2, 2018
Weiler v. Marcus & Millichap Real Estate Investment Services
When a party has engaged in arbitration in good faith, but can no longer afford to continue in such a forum, said party may seek relief from in superior court.
Arbitration 4DCA/3 May 2, 2018
People v. Flint
Not-guilty-by-reason-of-insanity defendants and sexually-violent predator defendants are similarly situated; court must consider equal protection argument as to whether latter may be compelled to testify where former is not.
Criminal Law and Procedure 1DCA/4 May 2, 2018
Amended Opinion: In Re Westwood Plaza North
If a court determines that an appeal is frivolous, it may exercise its discretion to grant sanctions and attorney fees under Rule 38 of the Federal Rules of Appellate Procedure.
Civil Procedure 9th May 2, 2018
Recchia v. Los Angeles Dept. of Animal Services
Summary judgment vacated and remanded where genuine factual dispute exists regarding whether exigent circumstance to Fourth Amendment applies.
Constitutional Law 9th May 2, 2018