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People v. Valle
Officers did not violate Fourth Amendment by calling for canine unit before initiating traffic stop where dog arrived and alerted before initiating officer had finished writing the traffic ticket.
Criminal Law and Procedure 1DCA/1 Sep. 19, 2024
People v. Martinez
The Penal Code prohibits convicting a defendant of individual child molestation counts and continuous sexual abuse of a child for the same period.
Criminal Law and Procedure 4DCA/1 Sep. 19, 2024
People v. J.S.
Clear and convincing evidence supported juvenile court's finding that minor with extensive delinquent history was not amenable to rehabilitation while under its jurisdiction where charged crimes were serious and sophisticated.
Juveniles 2DCA/6 Sep. 19, 2024
People v. Nadey
Order
CASC Sep. 18, 2024
Modification: Samuelian v. Life Generations Healthcare, LLC
Where owners sell only partial interest in company, reasonableness standard rather than void per se must be applied to determine whether noncompete clause is valid.
Contracts, Business Law 4DCA/3 Sep. 18, 2024
C.C. v. D.V.
Stipulated restraining order was a finding that restrained party had perpetrated domestic violence, triggering statutory rebuttable presumption that awarding the perpetrator custody was detrimental to the best interest of the child.
Family Law 1DCA/3 Sep. 18, 2024
City of Alameda v. Sheehan
Though trial court erred in determining that notice to pay rent or vacate required name of natural person not entity, judgment for tenant was still affirmed because of notice's other inaccuracies.
Real Property 1DCA/2 Sep. 18, 2024
Singh v. Garland
In abstentia removal order was rescinded for a petitioner whose hearing was rescheduled two years earlier than the original date and whose attorney failed to file a notice of appearance.
Immigration 9th Sep. 18, 2024
Cardona v. Soto
Trial court's failure to record, or otherwise inform father of the substance of, daughter's in-chambers testimony violated father's due process rights in domestic violence proceeding.
Family Law 1DCA/1 Sep. 18, 2024
Feehan v. Superior Court (Seto)
Courts have the authority to issue pendente lite visitation when a petitioner makes a prima facie case for parentage.
Family Law 1DCA/3 Sep. 17, 2024
Upland Community First v. City of Upland
Where substantial scientific and factual evidence supported project's use of emission's threshold amount, trial court erred in concluding otherwise.
Environmental Law 4DCA/2 Sep. 17, 2024
Spencer v. Pew
An officer's use of force, placing his weight on a handcuffed, previously resisting suspect, was not covered by qualified immunity.
Qualified Immunity 9th Sep. 17, 2024
Lexington Insurance Co. v. Smith
Order
9th Sep. 17, 2024
D'Augusta v. American Petroleum Institute
Plaintiffs were jurisdictionally barred from pursuing antitrust lawsuit against oil companies' purported collusion with Russia, Saudi Arabia, and former President Trump when it would involve intruding into executive branch powers.
Constitutional Law, Antitrust 9th Sep. 17, 2024
International Petroleum Products and Additives Company, Inc. v. Black Gold S.A.R.L.
Bankruptcy Appellate Panel's order reversing denial of recognition of foreign bankruptcy proceedings did not result in retroactive triggering of the automatic stay as of the date of the denial.
Bankruptcy 9th Sep. 17, 2024
Cole v. Superior Court (People)
Because a rational basis existed for the statutory differences among the civil commitment statutes, individual with developmental disability's equal protection rights were not implicated.
Criminal Law and Procedure 1DCA/3 Sep. 16, 2024
Clarke v. Gordon
Administrative per se hearing violated due process where record indicated hearing officer had acted as adjudicator and advocate despite stating she was only acting as trier of fact.
Administrative Agencies, Constitutional Law 4DCA/3 Sep. 16, 2024
Modification: In re Dezi C.
Failure to conduct an adequate inquiry under the Indian Child Welfare Act requires conditional reversal to comply with the statute's inquiry provisions.
Dependency CASC Sep. 16, 2024
Review granted: People v. Williams
Trial court's denial of defendant's Penal Code Section 1172.6 resentencing request based on review of preliminary hearing transcripts and plea colloquy was improper.
Criminal Law and Procedure 5DCA Sep. 16, 2024
Review granted: People v. Meno
A sentence for lesser included necessary offense to a larger conviction could stand provided a defendant was not also sentenced for the greater offense.
Criminal Law and Procedure 4DCA/1 Sep. 16, 2024
League of California Cities v. Federal Communications Commission
Federal Communications Commission's subsequent order--clarifying wireless towers' concealment and siting requirements--was an impermissible, unlawful legislative act.
Administrative Agencies, Municipal Law 9th Sep. 16, 2024
In re Gilberto G.
Evidence of single instance of alcohol abuse while caring for children did not support finding mother posed risk of danger to her children at the time of the jurisdiction hearing.
Dependency 2DCA/7 Sep. 16, 2024
Review granted: Keeton v. Tesla
Tesla materially breached arbitration agreement by paying pre-hearing arbitration deposit three days late because CCP Section 1281.98's 30-day payment requirement must be strictly enforced.
Arbitration 1DCA/1 Sep. 16, 2024
City of Gridley v. Superior Court (McMillan)
City's decrease of existing electric utility rates did not violate the California Constitution because it did not impose, extend, or increase any tax or rate.
Constitutional Law, Utilities 3DCA Sep. 13, 2024
San Francisco Apartment Assn. v. City and County of San Francisco
San Francisco's ordinance extending 3-day notice to 10 days for landlords pursuing at-fault evictions was completely preempted by state law.
Municipal Law, Real Property 1DCA/2 Sep. 13, 2024
Amended Opinion: U.S. v. Page
Statute of limitations for action to recover erroneous tax refund did not begin to run until the check clearance date because that was when the refund was made, not when the taxpayer received the check.
Tax 9th Sep. 13, 2024
Live Life Bella Vita, LLC v. Cruising Yachts, Inc.
A third party seeking indemnity from a vessel owner in a claim covered by the Limitation of Liability Act is a separate claimant for the purposes of the Act.
Maritime Law 9th Sep. 13, 2024
U.S. v. Avendano-Soto
*Montoya*'s pronouncement requirement was met where district court ensured defendant reviewed and understood presentencing report which incorporated probation requirements.
Criminal Law and Procedure 9th Sep. 13, 2024
U.S. v. Brewster
No clear error in finding criminal defendant's flight put at least one motorist at substantial risk of serious bodily injury and applying sentencing enhancement based on dashcam video.
Criminal Law and Procedure 9th Sep. 13, 2024
People v. Ingram
Defendant-appellant seeking release under Sexually Violent Predator Act failed to meet his burden of proof where expert testimony showed he was not cured and presented an above-average risk of reoffending.
Criminal Law and Procedure 3DCA Sep. 13, 2024