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Name Category Published
Lynn v. George
‘Potential’ attorney-client relationship with ‘alleged’ partnership is insufficient to disqualify attorney as counsel.
Attorneys 4DCA/3 Sep. 25, 2017
People v. Trujillo
Defendant unsuccessful in challenging electronic-search probation condition following convictions for attempted robbery and assault.
Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
Modification: Save Laurel Way v. City of Redwood City (Laurel Way Joint Venture)
City’s approval of permits erroneously set aside under Subdivision Map Act where Act neither prohibits development permit approvals nor apply to certification of environmental studies.
Real Property 1DCA/1 Sep. 25, 2017
Modification: Direct Capital Corporation v. Brooks
Wife’s computer purchases for her law office are properly deemed ‘necessaries of life’ under Family Code, may be treated as community obligation.
Family Law 3DCA Sep. 25, 2017
Modification: People v. Brooks
Probation term that gave probation officer authority to direct probationer’s participation in any program constitutes improper delegation of judicial authority, but warrants only modification.
Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
Estate of Lopez v. Gelhaus
In excessive force case stemming from fatal shooting of boy with toy gun, summary judgment properly denied on deputy’s defense of qualified immunity.
Civil Rights 9th Sep. 25, 2017
Ramirez v. Superior Court
Probable cause hearing prerequisite to ‘retaking’ under Interstate Compact for Adult Offender Supervision where transferring state’s ‘retaking’ may result in ‘revocation of supervision.’
Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
Upper Skagit Indian Tribe v. Suquamish Indian Tribe (Jamestown S’Klallam Tribe)
In dispute over treaty fishing rights, Indian tribe properly granted summary judgment in its action challenging scope of another tribe’s rights in contested waters.
Native American Affairs 9th Sep. 25, 2017
Frlekin v. Apple
Order
CASC Sep. 22, 2017
C.V., a Minor
Risk to infant stemming from unloaded gun in home insufficient to support juvenile court’s jurisdiction.
Dependency 2DCA/1 Sep. 22, 2017
Chavez-Garcia v. Sessions
Departure alone does not waive right to appeal removal proceedings where immigration judge fails to inform petitioner that departure waives right to appeal.
Immigration 9th Sep. 22, 2017
N.R., a Minor
Juvenile court properly lifted deferred entry of judgment and refused to seal records based on delinquent’s decision to abandon his education.
Juveniles 2DCA/6 Sep. 22, 2017
F.E.V. v. City of Anaheim
Ninth Circuit’s en banc opinion is ‘rare circumstance’ that prevents final judgment from having preclusive effect on subsequent suit between same parties.
Civil Procedure 4DCA/3 Sep. 21, 2017
Amended Opinion: Popa v. Berryhill
Applicant for supplemental security income benefits successful in reversing denial of benefits, where administrative law judge improperly discounts medical professionals’ opinions.
Administrative Agencies 9th Sep. 21, 2017
Pesticide Action Network North America v. California Dept. of Pesticide Regulation (Valent U.S.A. Corp.)
California Department of Pesticide Regulation’s failure to comply with CEQA’s substantive requirements in approving amended labels for pesticides requires rescission of approval.
Environmental Law 1DCA/3 Sep. 21, 2017
Salyers v. Metropolitan Life Insurance Co.
Widow entitled to higher dependent life insurance coverage she had been paying where insurer and agent’s actions constituted waiver of evidence of insurability requirement.
Insurance 9th Sep. 21, 2017
Roybal v. Toppenish School District
Employee receives federal due process where employer gives employee notice and gives employee opportunity to be heard before depriving employee of protected interest.
Civil Rights 9th Sep. 21, 2017
People v. Bona
Mentally disordered offender fails to overturn commitment based on counsel’s alleged failure to challenge trial court’s repeated continuances of hearing on petition challenging determination.
Criminal Law and Procedure 2DCA/6 Sep. 21, 2017
Browning v. Baker
Defendant convicted of 1985 robbery and murder succeeds in obtaining habeas relief due to evidentiary violations under ‘Brady.’
Criminal Law and Procedure 9th Sep. 21, 2017
Joaquin C., a Minor
Mother’s mental illness insufficient to support juvenile court’s jurisdiction over child where there was insufficient evidence to show she failed to adequately protect him.
Dependency 2DCA/7 Sep. 21, 2017
San Bruno Committee for Economic Justice v. City of San Bruno
City resolution stating sale price of property for private use is not subject to referendum where resolution is not legislative act.
Municipal Law 1DCA/1 Sep. 21, 2017
Respect Life South San Francisco v. City of South San Francisco (Planned Parenthood Mar Monte Inc.)
Group’s strong opposition against anticipated tenant insufficient to overturn city’s determination that proposed project falls within CEQA exemptions.
Environmental Law 1DCA/1 Sep. 20, 2017
American Beverage Association v. City and County of San Francisco
At preliminary injunction stage, San Francisco should have been enjoined from implementing sugar-sweetened beverage advertisement ordinance on free speech grounds.
Constitutional Law 9th Sep. 20, 2017
Sharp v. County of Orange
In case asserting constitutional violations stemming from execution of arrest warrant gone wrong, sheriff’s deputies successful in asserting immunity on several claims.
Immunity 9th Sep. 20, 2017
Mahoney v. City of Seattle
Police department’s Use of Force Policy does not violate Second Amendment where there is ‘reasonable fit between policy’ and important government interest.
Constitutional Law 9th Sep. 20, 2017
Sharp Image Gaming Inc. v. Shingle Springs Band of Miwok Indians
Indian Gaming Regulatory Act completely preempts Indian gaming field and applies to management contracts and collateral agreements.
Native American Affairs 3DCA Sep. 19, 2017
In re Barber
Sheriff cannot place former probationer in custody based on ‘IRC Want’ after probation had already expired because there is no remaining sentence to serve.
Criminal Law and Procedure 2DCA/3 Sep. 18, 2017
U.S. v. Gorman
Order
Administrative Agencies 9th Sep. 18, 2017
In re C.M.
Conditional removal order reversed due to failure to comply with dependency statutory scheme guaranteeing due process to mother.
Dependency 4DCA/1 Sep. 18, 2017
Association des Éleveurs de Canards et d’Oies du Québec v. Becerra
California’s sales ban on foie gras produced under inhumane practices not preempted by Poultry Products Inspection Act although it effectively banned all foie gras.
Civil Procedure 9th Sep. 18, 2017