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Name Category Published
No on E v. David Chiu
San Francisco ordinance requiring political groups identify top contributors in advertisements did not violate First Amendment because it was narrowly tailored to accomplish the important governmental interest of providing voters information.
Constitutional Law 9th Mar. 9, 2023
People v. Edwards
The State Department of State Hospitals' claims of budgetary restrictions did not constitute good cause for its delay in admitting those found incompetent to stand trial.
Civil Procedure 3DCA Mar. 9, 2023
Zahnleuter v. Mueller
Trustee was properly surcharged for trust assets expended to defend amendment of trust providing gifts to trustee and his daughters because trustee did not participate in the litigation as a neutral trustee to defend and protect the trust.
probate_and_trusts 3DCA Mar. 9, 2023
Ramirez v. Superior Court (Department of Motor Vehicles)
Pursuant to Government Code Section 11440.30, officer's telephonic appearance at DUI administrative hearing was prejudicial when hearing officer denied driver's objection to telephonic appearance.
Administrative Agencies 5DCA Mar. 9, 2023
Nwauzor v. The GEO Group Inc.
Order
9th Mar. 8, 2023
City of Ocala v. Rojas
Order
USSC Mar. 7, 2023
Yamashita v. LG Chem, Ltd.
Plaintiff's negligence claims against out-of-state battery companies were properly dismissed for lack of personal jurisdiction because his injury did not arise out of defendants' Hawaii contacts.
Civil Procedure 9th Mar. 7, 2023
Twitter Inc. v. Garland
Government redactions of Twitter transparency report were narrowly tailored to support the compelling government interest in national security.
Constitutional Law 9th Mar. 7, 2023
In re Matthew M.
Juvenile court did not abuse its discretion when it ordered COVID-19 vaccination for 12-year old court dependent over mother's objections.
Dependency 2DCA/7 Mar. 7, 2023
M.E. v. Superior Court (People)
Deferred entry of judgment was not appropriate where the Section 602 petition was not filed until after the alleged offender was 25 years old.
Juveniles 2DCA/6 Mar. 7, 2023
River's Side at Washington Squate Homeowners Assn. v. Superior Court (River's Side LLC)
A homeowners association had standing to bring claims for damages to residential units that sounded in contract or fraud if it met the requirements for bringing a representative action pursuant to Code of Civil Procedure Section 382.
Real Property 3DCA Mar. 7, 2023
Robinson v. Superior Court (Southern California Edison Company)
In a condemnation action, the trial court improperly granted possession when it failed to expressly find that a nonpublic utility entity had proven each requirement in Code of Civil Procedure Section 1240.030.
Eminent Domain 5DCA Mar. 6, 2023
Breathe So. California v. American Lung Association
Sharing bequests between organizations not required despite income sharing provision in affiliate agreement because it would be incompatible with testators' stated intentions.
probate_and_trusts 1DCA/5 Mar. 6, 2023
Amended Opinion: Mejia v. Miller
Expansion of implied cause of action to new context was improper where the court could not be certain of the systemwide consequences of such an expansion.
Civil Rights 9th Mar. 3, 2023
People v. Brown
To prove first-degree murder by means of poison, the prosecution must show the defendant deliberately gave the victim poison with the intent to kill the victim or inflict injury likely to cause death.
Criminal Law and Procedure CASC Mar. 3, 2023
In re Cabrera
Where jury was deadlocked as to defendant's "great bodily injury" charge, sentencing court may not impose enhancement based on its own finding of great bodily injury.
Criminal Law and Procedure CASC Mar. 3, 2023
Johnston-Rossi v. Rossi
Family court improperly modified existing custody order by not requiring the father to present evidence of a significant change of circumstances that justified children's enrollment in months-long therapy program.
Family Law 2DCA/8 Mar. 3, 2023
Modification: Committee to Relocate Marilyn v. City of Palm Springs
City's approval of closing off street from vehicles for three years in order to display a 26-foot-tall statue of Marilyn Monroe violated Vehicle Code Section 21101(e) because it was not a temporary closure.
Government 4DCA/1 Mar. 3, 2023
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. 3, 2023
Modification: People v. Sedano
Prosecution's testimony on child sexual abuse accommodation syndrome was admissible because it was admitted to help the jury's objective evaluation of the victim's credibility rather than vouch for her veracity.
Evidence 5DCA Mar. 3, 2023
In re N.M.
Custody determinations require findings that the decision was in the child's best interest.
Family Law 2DCA/1 Mar. 3, 2023
People v. Lewis
Remand for resentencing was appropriate under amended Penal Code Section 1170(b) because the court could not conclude that the jury would have found at least one aggravating circumstance true beyond a reasonable doubt.
Criminal Law and Procedure 4DCA/2 Mar. 3, 2023
Billauer v. Escobar-Eck
Defendant established a probability of success on libel claim because plaintiff's social media posts asserted that defendant was an unscrupulous liar who would do anything to build a development project.
Anti-SLAPP 4DCA/1 Mar. 2, 2023
Geragos v. Abelyan
The *Flatley* extortion exemption to protected representation communications does not apply where there is a material dispute about the allegedly extortionate communications.
Anti-SLAPP 2DCA/8 Mar. 2, 2023
Algo-Heyres v. Oxnard Manor
Trial court's denial of arbitration agreement was affirmed when substantial evidence supported that elderly stroke victim did not have the mental capacity to appreciate consequences of signing the agreement.
Arbitration 2DCA/6 Mar. 2, 2023
People v. Ung
Restitution order requiring the defendant to make in-kind restitution in the form of cryptocurrency was not an abuse of discretion despite substantial increase in value.
Criminal Law and Procedure 6DCA Mar. 2, 2023
People v. Fugit
Jury instruction that force-likely assault was lesser included offense of assault with a deadly weapon was not prejudicial because a ceramic mug cannot cause bodily injury without application of force.
Criminal Law and Procedure 1DCA/5 Mar. 2, 2023
Sinclair v. City of Seattle
Mother could not sue Seattle for loss of companionship with special needs son killed in Capital Hill Occupied Protest because the actual danger created by the City was not particularized to the decedent.
Civil Rights 9th Mar. 2, 2023
U.S. v. Taylor
Where officers' actions were objectively reasonable, a seemingly prolonged stop was not a Fourth Amendment violation.
Criminal Law and Procedure 9th Mar. 2, 2023
Naranjo v. Spectrum Security Services, Inc.
Substantial evidence supported trial court's finding that employer presented good faith defenses at trial for its failure to pay meal premiums and therefore was not "willful" under Labor Code Section 203.
Employment Law 2DCA/4 Mar. 1, 2023