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Name Category Published
KST Data v. Enterprise Services
Defendant was not required to file new answer to amended complaint reasserting its affirmative defenses when amended complaint contained same material allegations as complaint.
Civil Procedure 9th Nov. 18, 2020
Lambert v. Saul
Administrative law judge correctly performed claimant's disability review without applying continuing disability presumption, but erred in failing to provide sufficient reasons for rejecting claimant's testimony about severity of her medical condition.
Administrative Agencies 9th Nov. 18, 2020
Amended Opinion: Balbuena v. Sullivan
Petitioner's confession was voluntary because he was read his 'Miranda' warnings, his interview was non-threatening, and there was no evidence he was easy to manipulate.
Criminal Law and Procedure 9th Nov. 18, 2020
Cedar Point Nursery v. Hassid
Order
USSC Nov. 17, 2020
Heidari v. Barr
Order
USSC Nov. 17, 2020
Anderson v. U.S.
Order
USSC Nov. 17, 2020
Harris v. KM Industrial, Inc.
Defendant failed to establish the amount-in-controversy by relying on unreasonable assumptions.
Civil Procedure 9th Nov. 17, 2020
Brennon B. v. Superior Court (West Contra Costa Unified School District)
Public school districts are not business establishments under Unruh Civil Rights Act.
Civil Rights 1DCA/1 Nov. 17, 2020
Menifee v. Superior Court (The People)
Although certain components of gang expert's testimony were inadmissible under 'People v. Sanchez,' remaining admissible evidence presented at preliminary hearing was sufficient to hold defendant to answer.
Evidence 6DCA Nov. 17, 2020
People v. Lopez
Suspending execution of sentence to place defendant on mandatory supervision did not constitute a final judgment for purposes of retroactively applying an ameliorative statutory amendment.
statutory_interpretation 6DCA Nov. 17, 2020
People v. Grant
There was no evidence from which jury could reasonably infer that merchandise's comparable values displayed on tags attached to stolen items at outlet store reflected their fair market values.
Criminal Law and Procedure 4DCA/1 Nov. 16, 2020
People v. Baltazar
Senate Bill No. 620 applies retroactively to nonfinal cases and not to persons whose sentences have become final, except insofar as such person may be resentenced under some other law.
statutory_interpretation 5DCA Nov. 16, 2020
Modification: In re Christopher L.
Although trial court erred in denying parent counsel at jurisdiction/disposition hearing, error was harmless because he would not have obtained more favorable result.
Dependency 2DCA/1 Nov. 16, 2020
Brown v. TGS Management Co., LLC
Arbitrator exceeded his power in issuing award enforcing provisions of employment agreement which illegally restricted plaintiff's right to work.
Arbitration 4DCA/3 Nov. 16, 2020
U.S. v. Allahyari
District court erred by holding that defendant's 2005 deed of trust was not entitled to priority over later-recorded federal tax liens.
Tax 9th Nov. 16, 2020
National University of Health Sciences v. Council on Chiropractic Education
Defendant did not act arbitrarily and capriciously when it simultaneously reaffirmed plaintiff's accreditation and imposed probation.
Education 9th Nov. 16, 2020
U.S. v. Robertson
Because Criminal Justice Act reimbursement may be ordered in absence of conviction, CJA reimbursement is not part of criminal proceeding that is extinguished by abatement.
Criminal Law and Procedure 9th Nov. 13, 2020
People v. Johnson
Senate Bill No. 1437 does not provide relief to defendants convicted of murder under provocative act murder doctrine.
statutory_interpretation 2DCA/6 Nov. 12, 2020
People v. O'Hearn
Defendant received ineffective assistance of counsel when counsel was aware of defendant's mental health issues, such as schizoaffective disorder, but failed to provide mental defenses.
Criminal Law and Procedure 1DCA/2 Nov. 12, 2020
Semprini v. Wedbush Securities, Inc.
Defendant's compensation plan based solely on commissions, with recoverable advances on future commissions, did not satisfy salary basis test; thus, administrative exemption did not apply.
Labor Law 4DCA/3 Nov. 11, 2020
People v. Falcon
Appellant failed to make prima facie showing under Penal Code Section 1170.95 because his preliminary hearing transcript showed he was being prosecuted as aider and abettor.
Criminal Law and Procedure 2DCA/8 Nov. 11, 2020
Cruz v. Fusion Buffet, Inc.
Trial court did not abuse its discretion in awarding plaintiff some portion of her attorney fees even though she ultimately recovered less than the limited jurisdiction amount.
Remedies 4DCA/1 Nov. 11, 2020
Modification: American Chemistry Council v. Office of Environmental Health Hazard Assessment
Office of Environmental Health Hazard Assessment did not abuse its discretion in failing to consider committee's determination not to list Bisphenol A as reproductive toxicant under Proposition 65.
Environmental Law 3DCA Nov. 11, 2020
Chambers v. Whirlpool Corp.
Under Class Action Fairness Act, court should use percentage-of-value, not lodestar, methodology for the portion of the settlement involving coupons.
Civil Procedure 9th Nov. 11, 2020
Carr v. Saul
Order
USSC Nov. 10, 2020
Davis v. Saul
Order
USSC Nov. 10, 2020
Levy v. Only Cremations for Pets, Inc.
Trial court erred in dismissing plaintiffs' trespass to chattel claim alleging that they did not receive their pets' ashes, which were instead comingled with ashes of other animals.
Torts 4DCA/3 Nov. 10, 2020
Modification: People v. Wilson
Government's warrantless search of four child pornography images in defendant's email was permissible under private search doctrine.
Criminal Law and Procedure 4DCA/3 Nov. 10, 2020
Modification: People v. Son
An officer who has extensively reviewed a video may offer a narration, pointing out particulars that a casual observer might not see.
Evidence 4DCA/1 Nov. 10, 2020
Stone v. UnitedHealthcare Insurance Co.
Denial of coverage did not violate Parity Act because it was based solely on plan's exclusion of coverage for out-of-state treatment, which applied equally to mental and physical illnesses.
Health Care 9th Nov. 10, 2020