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Name Category Published
People v. Lima
Although prosecutor improperly argued facts not in evidence during closing argument, misconduct was harmless in light of evidence.
Criminal Law and Procedure 2DCA/5 Jun. 1, 2020
People v. Son
Imposing court assessments without first giving defendant opportunity to request ability to pay hearing is unconstitutional.
Criminal Law and Procedure 5DCA Jun. 1, 2020
Modification: Montrose Chemical Corp. of California v. Superior Court (Canadian Universal Insurance Co.)
Insured was entitled to access otherwise available coverage under any excess policy once it exhausted directly underlying excess policies for same policy period.
Insurance CASC Jun. 1, 2020
In re B.J.
Juvenile erroneously committed to Division of Juvenile Justice based on his last adjudicated offense of resisting a peace officer.
Juveniles 2DCA/6 Jun. 1, 2020
Valero Refining Co. v. Bay Area Air Quality
Hearing board applied correct standard of review in determining whether agency official's interpretation of regulation was correct because it was not empowered to evaluate its fairness.
Environmental Law 1DCA/2 Jun. 1, 2020
Boermeester v. Carry
Fair procedure requires universities allow students in disciplinary sexual misconduct proceedings to cross-examine critical witnesses where credibility is an issue.
Civil Procedure 2DCA/8 Jun. 1, 2020
Eloquence Corp. v. Home Consignment Center
Claims based on breaching divisible contracts must be brought within the applicable limitations period after that particular performance was due.
Civil Procedure 1DCA/3 Jun. 1, 2020
Hester v. Public Storage
Null and void clauses were valid because they were not precluded by statutes governing self-storage auction sales and plaintiff was not under duress.
Contracts 4DCA/3 Jun. 1, 2020
Unicolors v. H&M Hennes & Mauritz
Plaintiff's copyright registration application contained inaccuracies that it knew were inaccurate; thus, district court was required to request Register of Copyrights to advise.
Copyright 9th Jun. 1, 2020
People v. Prado
Legislature did not violate constitutional limitation in amending Penal Code Sections 188-89 when it passed Senate Bill 1437 because such sections are not initiative statutes.
statutory_interpretation 4DCA/3 May 29, 2020
Sharufa v. Festival Fun Parks, LLC
Record did not contain enough evidence to show whether waterslide theme park patrons received service or were supplied product to address product liability claim.
Torts 6DCA May 29, 2020
Insalaco v. Hope Lutheran Church
Continuance of summary judgment hearing was virtually mandated because plaintiff provided declaration requesting specific discovery showing essential evidence may exist.
Torts 1DCA/2 May 29, 2020
City of Chula Vista v. Sandoval
Passthrough payments have primacy under Health and Safety Code Section 34188 over residual Assembly Bill 8 pro rata shares.
statutory_interpretation 3DCA May 29, 2020
County of Santa Clara v. Workers' Comp. Appeals Bd.
Permanent disability should have been apportioned between industrial and nonindustrial causes because of respondent's preexisting pathology.
Workers' Compensation 6DCA May 29, 2020
People v. Miles
Officer summarizing suspect descriptions as similar or possibly matching in affidavit were not intentionally made false statements to obtain warrant.
Criminal Law and Procedure CASC May 29, 2020
National Lawyers Guild v. City of Hayward
City could not charge plaintiff for time spent deleting exempt data from video because that did not constitute data 'extraction' under California Public Records Act Section 6253.9(b)(2).
statutory_interpretation CASC May 29, 2020
Mosley v. Pacific Specialty Insurance Co.
An insured increases a hazard within its control only if the insured is aware of the hazard or it is reasonably discoverable.
Contracts 4DCA/2 May 28, 2020
In re Samantha H.
It is not required in adoption proceedings to inquire whether a willing adoptive parent was first advised but rejected guardianship.
Dependency 2DCA/8 May 28, 2020
In re Smith
'McCoy v. Louisiana' did not apply because defendant did not make an express intent to maintain innocence when counsel informed him about his defense strategy.
Criminal Law and Procedure 4DCA/2 May 28, 2020
People v. Machuca
Conviction for driving under the influence causing bodily injury was not lesser included offense of gross vehicular manslaughter because offenses involved different victims.
Criminal Law and Procedure 5DCA May 28, 2020
Dorit v. Noe
MFAA proceedings qualify as 'official proceedings' and therefore cannot support malicious prosecution claim under anti-SLAPP statute.
Anti-SLAPP 1DCA/4 May 28, 2020
People v. Smith
Revocation of a Sexually Violent Predator's conditional release is indicative of public safety risks thus rendering him ineligible for unconditional discharge.
statutory_interpretation 1DCA/5 May 28, 2020
Third Laguna Hills Mutual v. Joslin
Anti-SLAPP statue's application to an initiated lawsuit does not necessarily mean its causes of action arose from protected activity.
Anti-SLAPP 4DCA/3 May 28, 2020
U.S. v. Grey
Administrative warrants cannot be used as vehicles to perform searches and seizures for pending criminal cases.
Criminal Law and Procedure 9th May 28, 2020
Stand Up For California! v. U.S. Dept. of the Interior
Agency was required to conduct Environmental Impact Statement because Indian Gaming Regulatory Act did not foreclose consideration of other federal law.
Environmental Law 9th May 28, 2020
Dees v. County of San Diego
No Fourteenth Amendment violation when social worker conducted interview with child at school, because parent never actually lost control over child.
Constitutional Law 9th May 28, 2020
Club One Casino v. Bernhardt
Tribe's jurisdiction over parcel operated as a matter of law and tribe clearly exercised governmental power by entering into agreements with local governments.
Constitutional Law 9th May 28, 2020
People v. Palmer
Defense counsel's concession of client's guilt to jury was deemed constitutional because defendant did not expressly state his desire to assert his innocence.
Criminal Law and Procedure 4DCA/1 May 27, 2020
People v. Lee
Appellant's resentencing petition was properly denied because his murder conviction was based on provocative act doctrine and not felony murder.
Criminal Law and Procedure 2DCA/1 May 27, 2020
Salari v. Superior Court (People)
A party does not impliedly waive right to timely filing of information by agreeing to later arraignment.
Criminal Law and Procedure 2DCA/8 May 27, 2020