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Gonzalez v. Interstate Cleaning Corp.
A mall that complied with rigorous, regular maintenance procedures lacked constructive notice of a dangerous condition--a spilled pile of oranges on the floor.
Torts 4DCA/2 Nov. 25, 2024
Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income.
Family Law 4DCA/3 Nov. 25, 2024
In re: Saldana v. Bronitsky
Voluntary contributions to employer-managed retirement plans do not constitute disposable income in Chapter 13 bankruptcy.
Bankruptcy 9th Nov. 25, 2024
Facebook, Inc. v. Amalgamated Bank
Order
USSC Nov. 25, 2024
Assn. for Los Angeles Deputy Sheriffs v. County of Los Angeles
Despite new legislation's mandates disallowing law enforcement gang participation, targeted interviews of certain officers triggered Meyers-Milias Brown Act meet-and-confer requirements.
Government, Municipal Law 2DCA/5 Nov. 22, 2024
Mann v. State of California
California Highway Patrol officers were not required to consider the owner's present ability to pay towing, storage, and any other fees in vehicle storage hearings under applicable law.
Administrative Agencies 2DCA/2 Nov. 22, 2024
Garcia v. Superior Court (City of Los Angeles)
Penal Code Section 1172.6 (felony murder resentencing) permits petitioners to obtain post-conviction discovery following order to show cause to enable defense against new theories of liability.
Criminal Law and Procedure 2DCA/7 Nov. 22, 2024
People v. North River Insurance Co.
Bail bond was not void despite the fact that ancillary premium financing agreement was unenforceable because the agreements were separate and involved different consideration.
Criminal Law and Procedure, Contracts 2DCA/3 Nov. 22, 2024
Modification: People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts.
Criminal Law and Procedure, Evidence 4DCA/1 Nov. 22, 2024
People v. Jones
Failure to give unanimity instruction was harmless error where jury's findings indicated it unanimously concluded he had requisite intent to commit sexual assault when he entered dwelling to commit burglary.
Criminal Law and Procedure 1DCA/1 Nov. 22, 2024
McCurdy v. County of Riverside
After a successful habeas petition, petitioner's claim against County was subject to 6-month presentation window for tort claims.
Government, Torts 4DCA/1 Nov. 22, 2024
People v. Bagsby
Although distinguishing between resentencing juveniles with an explicit life without parole sentence and juveniles with a functionally equivalent sentence violates equal protection, the proper remedy is not to strike the provision.
Criminal Law and Procedure 4DCA/1 Nov. 22, 2024
People v. Ibarra
Because the trial court improperly instructed jury on the possibility that defendant concurrently intended to kill victim, it erred when it provided the jury with the kill zone instruction.
Criminal Law and Procedure 4DCA/1 Nov. 22, 2024
Blauser v. Dubin
Addition of trial court's signature with "it is so ordered," did not transform order granting nonsuit into an appealable order.
Civil Procedure 4DCA/3 Nov. 21, 2024
Quesada v. County of Los Angeles
Trial court did not err in not applying *McDonnell Douglas* burden shifting test when plaintiff's case did not involve racial discrimination.
Employment Discrimination 2DCA/8 Nov. 21, 2024
People v. Martinez
Defendant was not entitled to a heat of passion jury instruction based on alleged "slight touching" by the victim prior to attempted murder.
Criminal Law and Procedure 2DCA/3 Nov. 21, 2024
Shenefield v. Kovtun
Failure to raise a CCP Section 340.6 statute of limitations defense resulted in waiver and thus could not form the basis for defendant's post-judgment appeal.
Civil Procedure 4DCA/1 Nov. 21, 2024
Burton v. Campbell
Failure to make demand to cure and correct as required by statute meant interested person could not bring suit seeking determination that city council legislative action was null and void.
Government 4DCA/1 Nov. 21, 2024
Working Families of Monterey County v. King City Planning Commission
California Environmental Quality Act Guidelines Class 32 exemption for infill development does not have a city population requirement.
Environmental Law 6DCA Nov. 20, 2024
People v. Robinson
Grand jury was prior hearing that resentencing court could consider evidence from when determining whether petitioner was entitled to ameliorative resentencing relief for his murder conviction.
Criminal Law and Procedure, Evidence 3DCA Nov. 20, 2024
In re: Klin v. Cloudera Inc.
Plaintiff's failure to adequately plead definitions concerning "cloud-native" offerings warranted dismissal of securities fraud action.
Securities, Civil Procedure 9th Nov. 20, 2024
Littlefield v. Littlefield
Anti-SLAPP statute mandated granting of attorney's fees where motion was frivolous, as no reasonable attorney would conclude that plaintiff's petition sought to impose liability based on any protected activity.
Anti-SLAPP 1DCA/4 Nov. 19, 2024
California Capital Insurance Co. v. Hoehn
California Supreme Court invalidated the judicially created two-year limit to bring CCP Section 473(d) motions to set aside judgments not void on their face.
Civil Procedure CASC Nov. 19, 2024
Modification: Gooden v. County of Los Angeles
Where County's amendment to proposed land use plan did not alter the plan's main features, California Environmental Quality Act was not violated.
Environmental Law, Municipal Law 2DCA/2 Nov. 18, 2024
The Comedy Store v. Moss Adams LLP
Trial court erred in enforcing agreement's forum selection clause when it assigned the burden of proof to the non-moving party.
Civil Procedure, Contracts 2DCA/4 Nov. 18, 2024
U.S. v. Porter
Admission of propensity evidence does not violate Fifth Amendment due process principles where courts evaluate whether the probative value outweighs the potential for prejudice under Rule of Evidence 403.
Evidence, Criminal Law and Procedure 9th Nov. 18, 2024
People v. Experian Data Corp.
The discovery rule may apply to delay the accrual of non-fraud civil enforcement actions by the City Attorney pursuant to the unfair competition law.
Civil Procedure 4DCA/3 Nov. 18, 2024
Godoy v. Linzner
A restraint on a beneficiary's ability to sell property to anyone but the other beneficiaries and only for well below market value was unreasonable.
Trust and Estates 2DCA/7 Nov. 15, 2024
LCPFV LLC v. Somatdary Inc.
Trial court properly refused to award excessive fees and damages during default judgment process to plaintiff that ramped up legal activity after notice defendant would not participate in proceedings.
Civil Procedure, Remedies 2DCA/8 Nov. 15, 2024
Wawrzenski v. United Airlines
Trial court erred in granting summary judgment on female employee's gender discrimination claim when it rejected comparator evidence of male usage of social media accounts.
Employment Discrimination 2DCA/7 Nov. 14, 2024