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San Francisco Taxi Coalition v. City and County of San Francisco
City's regulations favoring taxi drivers who recently obtained medallions over those who obtained them long ago did not violate equal protection clause under rational basis review.
Constitutional Law 9th Nov. 10, 2020
In re Brace
Bankruptcy court's determination that community property presumption applied to Appellants' second property was vacated because record was unclear regarding when Appellants acquired that property.
Bankruptcy 9th Nov. 10, 2020
People v. Lamoureux
Trial court is not required to apply excess custody credits to offset parole supervision period of person resentenced under Senate Bill No. 1437.
statutory_interpretation 4DCA/1 Nov. 9, 2020
U.S. v. King
Because defendant did not object at trial to district court's omission of knowledge-of-status element of his offense, defendant could not prevail in vacating his conviction under plain-error review.
Criminal Law and Procedure 9th Nov. 9, 2020
Amended Opinion: Quidel Corporation v. Superior Court (San Diego)
Business and Professions Code Section 16600 does not invalidate all contractual noncompete provisions, outside the employment context; thus, summary adjudication was not appropriate.
Business Law 4DCA/1 Nov. 9, 2020
Kevin P. v. Superior Court (People)
Juvenile court improperly evaluated Welfare and Institutions Code Section 707's rehabilitation criterion in determining minor was unfit for juvenile system despite evidence to the contrary.
Juveniles 1DCA/1 Nov. 9, 2020
People v. Garcia
Appellant could still be convicted of murder as aider and abettor because he directed gang member to stab victim; thus, appellant was ineligible for relief under SB 1437.
statutory_interpretation 2DCA/6 Nov. 6, 2020
Wells Fargo v. Mahogany Meadows Avenue Trust
Because enactment of Nevada Revised Statutes Section 116.3116 predated creation of appellant's lien on property, appellant could not establish that it suffered an uncompensated taking.
Constitutional Law 9th Nov. 6, 2020
U.S. v. Bacon
When panel of this court concludes that district court committed non-harmless 'Daubert' error, panel has discretion to impose remedy 'as may be just under circumstances.'
Evidence 9th Nov. 6, 2020
Urbina v. National Business Factors
Fair Debt Collection Practices Act's bona fide error defense does not allow debt collectors to avoid liability by contractually obligating creditor-clients to provide accurate information.
statutory_interpretation 9th Nov. 6, 2020
AMCAL Chico LLC v. Chico Unified School Dist.
School impact fees imposed on newly constructed dormitory complex within boundaries of school district was proper.
Education 3DCA Nov. 6, 2020
People v. Nunez
A defendant convicted of murder with a felony-murder special circumstance finding is not eligible for resentencing under Penal Code Section 1170.95 as a matter of law.
statutory_interpretation 2DCA/2 Nov. 5, 2020
Swain v. Laseraway Medical Group
Trial court did not err in ruling defendant could not enforce arbitration agreement against plaintiff because arbitration agreement was unconscionable.
Arbitration 2DCA/7 Nov. 5, 2020
Conservatorship of S.A.
Conservatorship granted to mother because schizophrenic daughter was gravely disabled, meaning she was unable to provide for her own food, clothing, or shelter.
Conservatorship 2DCA/8 Nov. 5, 2020
Yazdi v. Dental Board of California
Substantial evidence supported trial court's decision to deny petitioner's writ of mandate challenging Dental Board's decision to revoke his dental license.
Administrative Agencies 2DCA/1 Nov. 5, 2020
Changsha Metro Group Co. v. Xufeng
Code of Civil Procedure Section 128.5(f)'s procedure was inapplicable to requests for attorney's fees in frivolous anti-SLAPP suits.
Anti-SLAPP 4DCA/2 Nov. 5, 2020
Modification: Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process.
Civil Procedure 4DCA/3 Nov. 5, 2020
McCluskey v. Henry
Trial court did not abuse its discretion in sanctioning plaintiff's counsel under Code of Civil Procedure Section 128.7 because counsel's motion to lift the stay was indisputably without merit.
Civil Procedure 1DCA/3 Nov. 4, 2020
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. 4, 2020
People v. Winkler
During murder trial of defendant's third wife, trial court erred by presenting evidence of defendant's second wife's death in 1999, but error was harmless given strength of admissible evidence.
Evidence 3DCA Nov. 4, 2020
People v. Stockman
Although there is no basis for model jury instructions CALCRIM No. 2100 and CALCRIM No. 2110 to differ from one another regarding whether defendant was under the influence, any error was harmless.
Criminal Law and Procedure 4DCA/2 Nov. 4, 2020
Manson Construction Co. v. County of Contra Costa
Vessel Use Exemption to property taxation did not apply to plaintiff's vessels, which were not 'engaged in the transportation of freight' within the meaning of the exemption.
Tax 1DCA/3 Nov. 4, 2020
Taylor v. Riojas
No reasonable correctional officer could have concluded it was constitutionally permissible to house naked inmate in feces-covered cell for six days.
Constitutional Law USSC Nov. 4, 2020
Mckesson v. Doe
Fifth Circuit should not have ventured into uncertain area of tort law without first seeking guidance on controlling state law from state's supreme court.
Constitutional Law USSC Nov. 4, 2020
National Football League v. Ninth Inning, Inc.
Order
USSC Nov. 4, 2020
Grigsby v. BofI Holding
District court erred by concluding that article containing information obtained through Freedom of Information Act request could not qualify as corrective disclosure for purposes of establishing loss causation.
Securities 9th Nov. 4, 2020
Niedermeier v. FCA US LLC
Plaintiff's restitution award under Song-Beverly Consumer Warranty Act was reduced to account for credit plaintiff received towards purchase price of new vehicle when she traded in her defective vehicle.
Remedies 2DCA/1 Nov. 3, 2020
People v. Kruse
Because jury was instructed on the way of violating Penal Code Section 69 that does not necessarily include violation of Section 148(a)(1), court properly refused to instruct on latter as lesser included offense.
Criminal Law and Procedure 4DCA/1 Nov. 3, 2020
Hoffmann v. Young
Defendant's express invitation of plaintiff to come onto his parents' property operated as express invitation by landowner under Civil Code Section 846(d)(3) and thereby stripped defendant's parents of immunity.
Torts 2DCA/6 Nov. 3, 2020
Pinto Lake MHP LLC v. County of Santa Cruz
Trial court properly concluded that residents of mobile home park were necessary parties to owner's lawsuit seeking rent increase but remand was necessary to determine whether lawsuit should proceed in residents' absence.
Civil Procedure 6DCA Nov. 3, 2020