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Modification: People v. Johnson
Trial court erred in interpreting Penal Code Section 1203.2(b)(1) to mean it had authority to terminate defendant's 'parole supervision.'
Criminal Law and Procedure 1DCA/3 Jan. 5, 2021
Modification: City of Fresno v. Fresno Building Healthy Communities
Trial court incorrectly concluded that the term 'local government' as used in Article XIII C, Section 2(d) of the California Constitution includes the electorate.
Government 5DCA Jan. 5, 2021
John Doe #1 v. Trump
President Trump's Proclamation No. 9945, restricting immigrants' entry based on healthcare coverage, was within president's delegated authority under Immigration and Nationality Act Section 212(f).
Constitutional Law 9th Jan. 5, 2021
People v. Skiff
Corporate officer properly convicted of involuntary manslaughter for admitting resident diagnosed with dementia into facility that did not monitor or safeguard his activities and allowed him to wander unsupervised.
Criminal Law and Procedure 2DCA/6 Jan. 5, 2021
People v. Ruiz
Applying 60-day limit to challenging erroneous parole supervision placement without providing notice violated defendant's constitutional due process rights.
statutory_interpretation 4DCA/1 Jan. 4, 2021
Mireskandari v. Gallagher
Plaintiff failed to demonstrate that application of United Kingdom's litigation privilege in his California litigation of California state law claims would further UK's interests.
Civil Procedure 4DCA/1 Jan. 4, 2021
Letterman Digital Arts Ltd. v. City and County of San Francisco
Trial court properly sustained without leave to amend city's demurrer because taxes and fees plaintiff paid to city did not contravene provisions of Presidio Trust Act.
Tax 1DCA/4 Jan. 4, 2021
People v. Martinez
California Code of Regulations title 10, section 2076, which restricted bail licensees' communications, is an invalid facially overbroad regulation of speech because it only provides remote support for government's purpose.
Constitutional Law 6DCA Jan. 4, 2021
U.S. v. Dixon
Fourth Amendment search occurs when officer physically inserts key into lock of vehicle for purpose of obtaining information.
Criminal Law and Procedure 9th Jan. 4, 2021
Alpert v. Nationstar Mortgage
Order
9th Jan. 4, 2021
Hall v. U.S. Dept. of Agriculture
District court properly denied plaintiff's request for preliminary injunction seeking to bar Department of Agriculture from denying plaintiff's relief request under Families First Coronavirus Response Act.
Government 9th Jan. 4, 2021
Christian v. Umpqua Bank
Summary judgment reversed after finding potential liability for employer's failure to take effective corrective action against harassing customer.
Employment Discrimination 9th Jan. 4, 2021
D.D. v. Los Angeles Unified School District
Because gravamen of student's Americans with Disabilities Act claim was discrimination separate from his right to free appropriate public education, his ADA claim was not subject to Individuals with Disabilities Education Act exhaustion.
Disability Discrimination 9th Jan. 4, 2021
Marriage of Nevai and Klemunes
Trial court erred in determining community was entitled to reimbursement for property taxes and mortgage interest related to wife's separate property.
Family Law 3DCA Dec. 31, 2020
Marriage of Wozniak
Trial court correctly concluded that acceptance of deed was required for valid transmutation to be effectuated between spouses.
Family Law 4DCA/1 Dec. 31, 2020
Dziubla v. Piazza
Litigation privilege does not extend to statements that bear no reasonable relationship to any judicial proceedings on which privilege is assertedly based.
Anti-SLAPP 4DCA/1 Dec. 31, 2020
Vincent v. Sonkey
Trial court erred by denying attorney fees for plaintiff's successful post-judgment efforts to respond to and defeat defendant's motions to vacate default judgment.
Remedies 2DCA/6 Dec. 31, 2020
Shirvanyan v. Los Angeles Community College
To succeed on claim for failure to engage in interactive process, employee must identify reasonable accommodation that would have been available at time interactive process should have occurred.
Employment Discrimination 2DCA/1 Dec. 31, 2020
Legal Aid Society of San Mateo v. Dept. of Finance
Money on deposit pursuant to agreement could not be transferred to taxing entities because funds "are legally restricted as to purpose" under Health and Safety Code Section 34179.
statutory_interpretation 3DCA Dec. 31, 2020
Santa Clara Valley Water Dist. v. San Francisco Bay
Plaintiff's project involved discharge of waste because it would lead to increased sedimentation in creek and obstruct flow of water, which would likely require periodic removal.
Environmental Law 1DCA/4 Dec. 31, 2020
Hernandez Flores v. Rosen
Under Special Agricultural Worker program, immigrants may still be removed based on disqualifying convictions, even after their automatic adjustment to permanent resident status.
Immigration 9th Dec. 31, 2020
Modification: Alfaro v. Superior Court (People)
Trial court was directed to grant defendant's motion for discovery because names and zip codes on master or qualified jury list are disclosable as public records.
Civil Procedure 1DCA/5 Dec. 31, 2020
N.G. v. County of San Diego
Trial court was within its discretion to conclude that petitioner did not establish mistake or excusable neglect to support her petition for relief from claim filing requirement.
Government 4DCA/1 Dec. 30, 2020
San Joaquin Regional Transit Dist. v. Superior Court (DSS-2731 Myrtle LLC)
Sufficient evidence supported trial court's finding that manufacturing company had moved from property to relocate, supporting application of Code of Civil Procedure Section 1268.620.
Real Property 3DCA Dec. 30, 2020
E.P. v. Superior Court (People)
Emergency rules related to COVID-19 adopted by Judicial Council require court to obtain minor's consent before conducting juvenile delinquency proceeding remotely.
Juveniles 3DCA Dec. 30, 2020
U.S. v. Harris
Defendant's unauthorized use of speech pathologist's name and National Provider Identifier number on claim forms submitted to government health care program constituted 'use' of another's identification.
Criminal Law and Procedure 9th Dec. 30, 2020
Public Watchdogs v. Southern California Edison
District court properly dismissed Appellant's claims challenging final orders of United States Nuclear Regulatory Commission for lack of jurisdiction under Hobbs Act.
Civil Procedure 9th Dec. 30, 2020
Flores v. Rosen
Government regulations were consistent with 'Flores' agreement except to extent they required bond hearing to unaccompanied minors held in secure placements only if they request one.
Immigration 9th Dec. 30, 2020
Langere v. Verizon Wireless Services
A plaintiff does not create appellate jurisdiction by voluntarily dismissing his claims with prejudice after being forced to arbitrate them.
Arbitration 9th Dec. 30, 2020
Consumer Financial Protection Bureau v. Seila Law
Although for-cause removal provision of statute establishing Consumer Financial Protection Bureau violated separation of powers, CFPB's current Director expressly ratified agency's earlier decisions after she knew she could be removed.
Constitutional Law 9th Dec. 30, 2020