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Name Category Published
People v. Shkrabak
Schizophrenic defendant's motion to dismiss his prior conviction for brandishing a knife on his father was denied because dismissal would endanger public safety.
Criminal Law and Procedure 3DCA Mar. 30, 2023
People v. Pantaleon
The People were not required to plead aggravating factors because aggravating factors are not the same as enhancements under amended Penal Code Section 1170.1(e).
Criminal Law and Procedure 3DCA Mar. 30, 2023
City of Los Angeles v. Federal Aviation Administration
Environmental impact statement was deficient because its construction noise analysis was based on faulty assumption that multiple types of construction equipment would not operate simultaneously.
Environmental Law 9th Mar. 30, 2023
People v. Bautista-Castanon
Though defendant's lewd act convictions were affirmed, changes to Penal Code Sections 1170 and 654 required remand for resentencing.
Criminal Law and Procedure 1DCA/4 Mar. 30, 2023
Doe v. Marysville Joint Unified School Dist.
Plaintiffs' prior claims for childhood sexual assault, previously dismissed as untimely, were ineligible for revival even though they had not been adjudicated on the merits.
Civil Procedure 3DCA Mar. 29, 2023
Torres v. San Francisco Assessment Appeals Bd.
Board's use of tax valuation method was flawed because it was not reasonably likely to approximate the fair market value of taxpayer's baseball stadium.
Tax 1DCA/5 Mar. 29, 2023
Modification: Pacific Palisades Residents Assn., Inc. v. City of Los Angeles
Senior living home project in the Pacific Palisades was exempt from the California Environmental Quality Act because it was built in an urbanized area with no requirement for architectural uniformity.
Environmental Law 2DCA/8 Mar. 29, 2023
People v. Hurtado
Denial of resentencing petition without appointing counsel was harmless error where petitioner was ineligible for the relief sought as a matter of law.
Criminal Law and Procedure 2DCA/6 Mar. 29, 2023
Cultiva La Salud v. State of California
The Keep Groceries Affordable Act was unlawful because it was an intentional penalty on a charter city's lawful exercise of its power to tax groceries under the home rule doctrine.
Constitutional Law 3DCA Mar. 29, 2023
Greenwood v. City of Los Angeles
The City of Los Angeles was provided governmental immunity in lawsuit alleging that its inaction in not doing more to remedy typhus outbreak caused a City employee to contract the disease.
Government 2DCA/1 Mar. 29, 2023
Lake Lindero Homeowners Assn., Inc. v. Barone
Association members' special meeting to oust old board and vote new board met statutory and Association bylaw quorum and majority vote requirements.
Corporations 2DCA/3 Mar. 29, 2023
Modification: Estrada v. Superior Court (People)
Trial court did not abuse its discretion by continuing criminal cases past statutory last day for trial due to the COVID-19 pandemic.
Criminal Law and Procedure 1DCA/1 Mar. 29, 2023
Wilkins v. U.S.
Twelve-year time bar for claims filed under the Quiet Title Act was merely a procedural, not a jurisdictional, requirement.
Real Property USSC Mar. 29, 2023
Schurg v. U.S.
Federal Tort Claims Act shielded U.S. Forest Service from lawsuit against landowners whose properties were damaged by fire-suppression activities as those acts fell squarely within the discretionary function exception.
Immunity 9th Mar. 29, 2023
People v. Butler
Remand for resentencing necessary because court could not conclude beyond a reasonable doubt that jury would have found true beyond a reasonable doubt all of the aggravating factors on which trial court relied in selecting upper term.
Criminal Law and Procedure 4DCA/2 Mar. 29, 2023
Deck v. Developers Investment Co., Inc.
Maximum amount of monetary sanctions was warranted where party unsuccessfully opposed discovery motion and untimeliness with discovery production was extreme and the product of bad faith.
Civil Procedure 4DCA/3 Mar. 28, 2023
Gregg v. Uber Technologies, Inc.
Despite agreement requiring arbitration of individual Private Attorney General Act actions, employee affected by alleged labor violations still had standing to pursue a representative enforcement action in civil court.
Arbitration 2DCA/4 Mar. 28, 2023
Donziger v. U.S.
Order
USSC Mar. 28, 2023
People v. Brown
Even absent a showing of good cause, a court should grant a continuance on a suppression hearing where doing otherwise would eliminate the prosecution's ability to prosecute a legitimate case.
Criminal Law and Procedure CASC Mar. 28, 2023
In re Jenkins
Attorney Generals have a constitutional, ethical, or procedural duty to disclose certain exculpatory evidence in response to habeas petitioner's *Brady* claim.
Evidence CASC Mar. 28, 2023
People v. Myles
Court erred in modifying the theft by larceny pattern instructions since it gave the jury an incomplete definition that omitted the crime's specific intent to steal element.
Criminal Law and Procedure 4DCA/1 Mar. 27, 2023
People v. Patton
Petitioner who acted alone, pled no contest to attempted murder, and admitted to discharging firearm was not eligible for Section 1172.6 relief as a matter of law.
Criminal Law and Procedure 2DCA/3 Mar. 24, 2023
California Manufacturers v. Office of Environmental Health Hazard Assessment
Opinion
3DCA Mar. 23, 2023
In re L.J.
Mother's recordings taken during visits with her child were inadmissible at hearing for termination of parental rights because the child was a ward of the juvenile court and the child's counsel did not consent to the recordings.
Dependency 3DCA Mar. 24, 2023
Modification: Wood v. Kaiser Foundation Hospitals
The Healthy Workplaces, Healthy Families Act does not bar Private Attorneys General Act civil penalty claims for sick pay.
Employment Law 4DCA/1 Mar. 24, 2023
California Manufacturers & Technology Assoc. v. Office of Environmental Health Hazard Assessment
Office of Environmental Health Hazard Assessment could use nonadverse health effects in assessing and setting public health goal water contamination numbers.
Environmental Law 3DCA Mar. 24, 2023
Marriage of Sullivan
Under the Federal Uniformed Services Former Spouse's Protection Act, party's assent to court jurisdiction for the division of military retirement benefits in divorce proceeding may be implied.
Family Law 4DCA/1 Mar. 23, 2023
Segal v. Fishbein
Dismissal of child custody proceeding was statutorily mandated when home state court that had exercised jurisdiction elected to retain jurisdiction over the proceedings.
Family Law 4DCA/1 Mar. 23, 2023
People v. Gobert
Testimony regarding strangled girlfriend's trip to visit her sister prior to her death was impermissible propensity evidence, but the error was not prejudicial to the clear-cut murder charge.
Evidence 4DCA/1 Mar. 23, 2023
De la Rosa-Rodriguez v. Garland
Order
9th Mar. 23, 2023