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Name Category Published
In re E.D.
Evidence was insufficient to support a juvenile court's finding of dependency jurisdiction over a child, as there was no evidence of substantial risk of serious harm to the child.
Juveniles 2DCA/1 Mar. 26, 2018
Hayes v. Temecula Valley Unified Sch. Dist.
Reassignment notice need only be sent to, or signed by, school administrator for it to be effective under Education Code timeliness provisions.
Education 4DCA/1 Mar. 26, 2018
U.S. v. Kootswatewa
Statements made to medical expert that identify defendant and describe harm suffered are exception to hearsay where statements are made for purpose of medical diagnosis or treatment.
Criminal Law and Procedure 9th Mar. 26, 2018
Fox v. Superior Court
Trial court improperly denied severely ill petitioner's motion for trial preference under Code of Civil Procedure Section 36(a), by applying mistakenly burdensome evidentiary standard.
Civil Procedure 1DCA/4 Mar. 23, 2018
McGlynn v. State of California
Judges did not obtain vested right in retirement plan that was in effect at the time they were elected, but instead did so the date they took office.
statutory_interpretation 1DCA/1 Mar. 23, 2018
Austin v. Medicis
Statute of limitations period not tolled under civil code of procedure section 340.6(a)(4) where plaintiff serving pretrial custody in county jail is not 'imprisoned on a criminal charge.'
statutory_interpretation 2DCA/3 Mar. 23, 2018
Eleanor Licensing LLC v. Classic Recreations LLC
Cause of action for return of personal property is timely filed within requisite three-year limitations period where action is based on event that occurred just months before filing action.
Civil Procedure 2DCA/7 Mar. 23, 2018
In re Christian K.
Court did not abuse its discretion when it denied dependent minor's request to postpone overseas trip in order to receive more therapy services prior to being adopted.
Juveniles 1DCA/1 Mar. 23, 2018
Lawson v. ZB, N.A.
Order
4DCA/1 Mar. 23, 2018
Regents of the University of California v. Superior Court (Los Angeles)
Based on special relationship doctrine, colleges owe students duty of care to protect them from 'foreseeable violence during curricular activities.'
Torts 2DCA/7 Mar. 23, 2018
Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism
Defendant filing anti-SLAPP motion must move to strike within 60 days of service of the earliest complaint containing the cause of action defendant is attempting to strike.
Civil Procedure 4DCA/3 Mar. 23, 2018
U.S. v. Paixao
Recipient of Veterans Affairs federal assistance need not be primary beneficiary to be convicted under federal statute forbidding misuse of 'benefits' derived from federal assistance program.
Criminal Law and Procedure 9th Mar. 23, 2018
Lawrence v. Superior Court
Seizure and holding by CHP of antique car valued at one million dollars violate due process of person in possession of the car, where suspicion of theft not supported by preponderance of evidence.
Civil Procedure 1DCA/1 Mar. 22, 2018
People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense.
Criminal Law and Procedure 5DCA Mar. 22, 2018
Marinello v. U.S.
Nexus must exist between defendant's breach of tax law and particular IRS administrative action before defendant may be convicted of felony statutes forbidding interference with 'due administration' of Internal Revenue Code.
Tax USSC Mar. 22, 2018
Ayestas v. Davis
Court misinterprets 18 U.S.C. Section 3599(f) where it interprets the section as requiring funding applicant to show ‘substantial need’ to obtain funds provided by section.
Criminal Law and Procedure USSC Mar. 22, 2018
Delzer v. Berryhill
Order
9th Mar. 22, 2018
Glazing Health & Welfare Fund v. Lamek
Unpaid contributions to employee benefit funds are not plan assets; employers contractually committed to make such payments are not fiduciaries under ERISA.
probate_and_trusts 9th Mar. 22, 2018
Williams v. Gaye
Jury instruction as to scienter requirement in copyright case does not warrant new trial, particular where instructions, as a whole, make plain the applicable law.
Copyright 9th Mar. 22, 2018
Cyan, Inc. v. Beaver County Employees Retirement Fund
Securities Litigation Uniform Standards Act of 1998 does not strip state courts of their jurisdiction over class actions claiming only 1933 Act violations.
statutory_interpretation USSC Mar. 21, 2018
People v. Arredondo et al.
Prosecutor repeatedly referring to defendants as cockroaches amounts to misconduct, requires reversal of jury's gang findings.
Attorneys 1DCA/4 Mar. 21, 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. 21, 2018
People v. Tran
Case remanded where juvenile sentencing hearing precedes decision that affords such offenders right to present evidence for possibility of future parole.
Criminal Law and Procedure 4DCA/3 Mar. 21, 2018
Nielsen v. Preap
Order
USSC Mar. 20, 2018
People v. Aguirre
Total amount of counterfeit currency possessed by defendant properly determines whether defendant qualifies for Prop 47 resentencing based on $950 benchmark.
Criminal Law and Procedure 1DCA/1 Mar. 20, 2018
Quanta Computer Inc. v. Japan Communications Inc.
Court does not abuse its discretion in declining to exercise jurisdiction pursuant to its finding of no connection between dispute and state, an alternative forum, and no public interest in state.
Civil Procedure 2DCA/5 Mar. 20, 2018
Modification: Redfearn v. Trader Joe's Company
Intentional interference of contractual relations tort may be successfully brought even against nonparty whose performance is contemplated in sued-over contract.
Torts 2DCA/7 Mar. 20, 2018
West Coast Air Conditioning Co. v. California Department of Corrections and Rehabilitation
Promissory estoppel damages properly awarded to firm for firm's bid preparation costs, where court deemed firm should have received project as 'lowest responsible bidder.'
Remedies 4DCA/1 Mar. 20, 2018
People v. Cabrera
Revisiting and vacating a sentencing court's conclusions that defendant's prior convictions were serious felonies under relevant statutes is beyond the scope of Section 1170.126 of the Three Strikes Reform Act.
Criminal Law and Procedure 3DCA Mar. 20, 2018
Sali v. Corona Regional Medical Center
Rule of Civil Procedure 37(a) allows court to issue order compelling deposition of nonparty expert witness and impose sanctions upon non-compliant party if witness fails to appear where sanctions are reasonable.
Attorneys 9th Mar. 20, 2018