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Name Category Published
People v. Roldan
Defendant's Penal Code Section 1170.95 petition for resentencing was properly denied because he was convicted under actual implied malice theory, not malice imputed under natural and probable consequences doctrine.
Criminal Law and Procedure 2DCA/1 Nov. 3, 2020
People v. Reyes
Attempting to dissuade witness from reporting crime under Penal Code Section 136.1(b)(1) applies only to dissuasion of reports about completed crimes, not future crimes.
statutory_interpretation 1DCA/4 Nov. 3, 2020
People v. Braud
When a postrelease supervision violation and reinstatement both occur during the probationary period, a court may extend the termination date by tolling.
Criminal Law and Procedure 1DCA/5 Nov. 3, 2020
People v. Lopez
Penal Code Section 1170.95 requires the prosecutor to prove beyond a reasonable doubt each element of first or second degree murder under current law in order to establish ineligibility.
statutory_interpretation 6DCA Nov. 3, 2020
Coleman v. Saul
Administrative law judge did not err in discounting claimant's testimony based on her finding that claimant had engaged in drug-seeking behavior.
Administrative Agencies 9th Nov. 3, 2020
Deiro v. L.A. County Civil Service Commission
Civil Service Commission properly dismissed plaintiff's appeal because it had no jurisdiction to order reinstatement to a retired person whose future status as an employee is no longer at issue.
Administrative Agencies 2DCA/8 Nov. 2, 2020
Modification: People v. Zorich
Trial court lacked substantial evidence to deny defendant's petition under Proposition 47 because he submitted evidence from Kelley Blue Book indicating value of stolen vehicle was less than $950.
Criminal Law and Procedure 4DCA/3 Nov. 2, 2020
Levine v. Berschneider
Sanctions were proper against attorney who told court that he received no word from opposing counsel at hearing to enforce settlement agreement even though settlement was paid in full.
Civil Procedure 2DCA/6 Nov. 2, 2020
Luxury Asset Lending v. Philadelphia Television Network
Trial court erred in denying defendant's motion to vacate and set aside default judgment as untimely because defendant had limited resources and was facing litigation on three fronts.
Civil Procedure 4DCA/3 Nov. 2, 2020
Arrow Highway Steel, Inc. v. Dubin
Code of Civil Procedure Section 351 violates Dormant Commerce Clause as applied to defendants who move out of California to operate businesses engaged in interstate commerce.
Constitutional Law 2DCA/2 Nov. 2, 2020
Olson v. Lyft, Inc.
'Iskanian v. CLS Transportation Los Angeles, LLC's holding was applicable to invalidate PAGA waivers and Supreme Court's holding in 'Epic Systems Corp. v. Lewis' did not overrule it.
Arbitration 1DCA/2 Nov. 2, 2020
People v. Pack-Ramirez
Conditional remand for primary caregiver diversion eligibility hearing was denied because program is only offered upon written agreement of judge, prosecuting entity and public defender.
statutory_interpretation 3DCA Nov. 2, 2020
People v. Lopez
Proposition 57 applies retroactively to juveniles whose judgment is not final and because defendant was resentenced under Penal Code Section 1170(d)(1), his new sentence was not final.
statutory_interpretation 1DCA/4 Nov. 2, 2020
Medina-Rodriguez v. Barr
Applying time-of-conviction rule, petitioner's conviction qualified as aggravated felony because California and federal definitions of marijuana were identical at time of his conviction.
Immigration 9th Nov. 2, 2020
Republican Party of Pennsylvania v. Boockvar
Order
USSC Oct. 30, 2020
Moore v. Circosta
Order
USSC Oct. 30, 2020
People v. Ruiz
Defendant's confrontation clause rights were not violated when trial court admitted minor's out-of-court statements to social worker into evidence, because social worker's primary purpose was to assess child's safety.
Criminal Law and Procedure 1DCA/2 Oct. 30, 2020
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 Oct. 30, 2020
In re D.N.
Juvenile court erroneously believed it lacked authority to grant father's continuance request to extend his reunification services under Welfare and Institutions Code Section 352.
Dependency 2DCA/1 Oct. 30, 2020
Miles v. City of Los Angeles
Wage Order No. 9 only applies to workers in transportation industry and sanitation workers do not become part of transportation industry simply because they transport waste.
Labor Law 2DCA/1 Oct. 30, 2020
Auburn Woods I Homeowners Assn. v. State Farm General Insurance Co.
Pretrial offer to compromise was effective to trigger cost shifting under Code of Civil Procedure Section 998.
Civil Procedure 3DCA Oct. 30, 2020
Midwest Motor Supply Co. v. Superior Court (Finch)
Labor Code Section 925 unambiguously permits employees to void forum-selection clauses in contracts modified on or after January 1, 2017.
Labor Law 1DCA/4 Oct. 30, 2020
Amended Opinion: Nutrition Distribution v. IronMag Labs
Appeal was untimely as to district court's judgment because motion for attorneys' fees did not extend time to appeal, and district court did not enter order extending time pursuant to Rule 58.
Civil Procedure 9th Oct. 30, 2020
Bristol-Myers Squibb v. Connors
District court properly abstained from exercising jurisdiction over state civil enforcement action brought by Attorney General seeking civil penalties for violation of Hawai'i consumer protection law.
Constitutional Law 9th Oct. 30, 2020
Amended Opinion: Frlekin v. Apple
Employees' time spent on employer's premises waiting for and undergoing required exit searches of packages, bags, or personal technology devices voluntarily brought to work for personal convenience was compensable as 'hours worked.'
Labor Law 9th Oct. 30, 2020
MES Investments, LLC v. Dadson Washer Service, Inc.
Trial court correctly concluded Civil Code Section 1945.5 did not apply to defendant's laundry room lease because it was residential real property.
Real Property 2DCA/3 Oct. 29, 2020
People v. Jones
Pre-'People v. Banks/Clark' special circumstance finding renders petitioners ineligible for relief under Penal Code Section 1170.95 as a matter of law.
statutory_interpretation 4DCA/2 Oct. 29, 2020
Tilkey v. Allstate Insurance Co.
Substantial evidence supported jury's finding that plaintiff was compelled to self-publish defendant's defamatory statement.
Torts 4DCA/1 Oct. 29, 2020
Michael S. Yu, a Law Corp. v. Superior Court (Bank of the West)
Trial court had no authority to review the consensual referee's decisions before entering judgment on them.
statutory_interpretation 2DCA/3 Oct. 29, 2020
U.S. v. Singh
There was insufficient evidence that appellant willfully caused general mayoral election campaign to file falsified reports.
statutory_interpretation 9th Oct. 29, 2020