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People v. Johnson
Where defendant engages in "out of control, self-destructive, and extremely odd" behavior at trial, substantial evidence requires mid-trial competency evaluation, despite court's belief that defendant was faking behavior. 		Criminal Law and Procedure 3DCA Mar. 14, 2018
In re D.P.
Welfare and Institutions Code time limit for prosecutor to institute proceedings against ward of the juvenile court is directory rather than mandatory 		Juveniles 4DCA/2 Mar. 13, 2018
In re Figueroa
Judgment of conviction for murder vacated entirely where it is reasonably probable that result would have been different without false evidence presented at trial. 		Criminal Law and Procedure 1DCA/3 Mar. 13, 2018
People v. DeHoyos
Defendants who were sentenced before Prop 47's passage, but whose judgments were not final, are not entitled to automatic resentencing. 		Criminal Law and Procedure 4DCA/1 Mar. 13, 2018
California Pacific Bank v. Federal Deposit Insurance Corporation
A financial institution must establish and maintain procedures ensuring adequate controls, independent testing, administration, and training under the Bank Secrecy Act 		Banking 9th Mar. 13, 2018
King v. County of Los Angeles
Summary judgment in favor of county official in official’s individual capacity affirmed where official is not personally involved in constitutional deprivation and there is no causal connection between official’s conduct and violation. 		Civil Rights 9th Mar. 13, 2018
Orr v. Plumb
Special verdict was a full adjudication of the issues, starting 150-day appellate timeline of Rule 58 of Federal Rules of Appellate Procdure; appeal filed more than 30 days thereafter was thus untimely. 		Civil Rights 9th Mar. 13, 2018
Dean v. Friends of Pine Meadow
Claims do not arise from commercial speech where speech alleged fails to satisfy 'Kasky v. Nike' elements for distinguishing commercial speech. 		Anti-SLAPP 1DCA/4 Mar. 12, 2018
U.S. v. Aguilar Diaz
District court must reconsider minor-role adjustment, where it erroneously assumed it could only consider defendant's role in drug smuggling in relation to identified individuals, and not against unknown individuals running operations. 		Criminal Law and Procedure 9th Mar. 12, 2018
Olympic Forest Coalition v. Coast Seafoods
Pollutants discharged from non-concentrated aquatic animal production facilities through pipes, ditches, and channels are point sources requiring permit under Clean Water Act. 		statutory_interpretation 9th Mar. 12, 2018
U.S. v. Verduzco-Rangel
Order of removal not fundamentally unfair because underlying conviction for drug trafficking was properly deemed aggravated felony. 		Immigration 9th Mar. 12, 2018
GMRI, Inc. v. California Department of Tax and Fee Administration
Restaurant chains that had manager add large party gratuities to the bill without first conferring with the customer amounted to mandatory payments, subject to state taxation. 		Tax 3DCA Mar. 12, 2018
People v. Mathews
Probationer subject to search condition may not challenge officer's search, though officer was unaware of search condition, where officer would have known of condition but for probationer's dishonesty. 		Criminal Law and Procedure 1DCA/1 Mar. 12, 2018
People v. Liu
Felon may not avail herself of Prop 47's under-$950 theft crime reductions where defendant stolen credit card information and made fraudulent purchases totaling more than $950. 		Criminal Law and Procedure 2DCA/8 Mar. 12, 2018
Munro v. Deptartment of Motor Vehicles
Arresting officer must at least ‘attempt’ to provide disruptive, drunk arrestee with requisite warning that driver’s license will be suspended if driver refuses chemical testing. 		statutory_interpretation 6DCA Mar. 9, 2018
In re Zappos.com
Customers whose personal data was hacked have standing to sue online retailer for creating a risk of impending harm. 		Constitutional Law 9th Mar. 9, 2018
Webb v. SolarCity
Dismissal for failure to adequately plead scienter affirmed where opposing inference drawn from alleged facts is more compelling than inference of scienter. 		Securities 9th Mar. 9, 2018
Dai v. Sessions
An asylum-seeker's testimony before an Immigration Judge must be treated as credible in the absence of an explicit adverse credibility finding 		Immigration 9th Mar. 9, 2018
Chaney v. Netterstrom
Four-year marriage not invalid because the officiant failed to file the marriage license and couple pretended to be single for financial benefits. 		Family Law 2DCA/6 Mar. 9, 2018
Klean W. Hollywood, LLC v. Superior Court
Treatment facility which undertook reasonable measures to prevent drug use not liable for injuries to voluntary resident who surreptitiously obtained and consumed heroin 		Torts 2DCA/4 Mar. 9, 2018
Doyle v. Fireman's Fund Insurance Co.
Where rare wine collector was defrauded out of $18 million worth of wines, insurance claim denial not improper where policy coverage was for property damage, not financial loss. 		Contracts 4DCA/3 Mar. 8, 2018
U.S. v. United States District Court for the District of Oregon
Petition for writ of mandamus denied where defendants fail to meet ‘Bauman v. U.S. Dist. Ct.’ factors. 		Civil Procedure 9th Mar. 8, 2018
Patterson v. City of Yuba City
Order 		9th Mar. 8, 2018
PSM Holding Corp. v. National Farm Financial Corp.
A judgment creditor cannot recover in restitution for losses suffered while in possession of a company it seized from a judgment debtor pursuant to an erroneous judgment. 		Remedies 9th Mar. 8, 2018
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. 		Environmental Law 9th Mar. 8, 2018
Selvidge v. Tang
Notice of intent to file a medical malpractice action is adequately provided to a physician under MICRA if mailed to address of physician on file with the medical board 		Civil Procedure 3DCA Mar. 7, 2018
County of San Diego v. Workers' Compensation Appeals Board
Temporary disability benefits may not be awarded for time periods that extend beyond five years from the date of a worker's injury. 		Workers' Compensation 4DCA/1 Mar. 7, 2018
Keates v. Koile
Dismissal of claim for violations of constitutional rights to familial association based on qualified immunity of government official reversed where official violates clearly established constitutional right. 		Civil Rights 9th Mar. 7, 2018
Sierra Medical Services Alliance v. Kent
Regulation requiring voluntary private ambulance company to provide emergency services in exchange for pre-determined reimbursement does not amount to regulatory taking. 		Constitutional Law 9th Mar. 7, 2018
In re White
Petition for writ ordering court to vacate order denying bail denied where clear, convincing evidence shows substantial likelihood that release of defendant would cause others great bodily harm. 		Criminal Law and Procedure 4DCA/1 Mar. 7, 2018
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