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Modification: People v. Villatoro
Trial court may not initiate, nor can a district attorney implicitly concur with a trial court's initiation of infraction proceedings.
Criminal Law and Procedure 2DCA/5 Feb. 18, 2020
Modification: Schmidt v. Superior Court
A constitutional finding of judicial gender bias warranting reversal on due process grounds is only appropriate when 'extreme facts' demonstrate a probability of actual bias.
Constitutional Law 2DCA/8 Feb. 18, 2020
Berroteran v. Superior Court (Ford Motor Company)
Order
CASC Feb. 14, 2020
Handoush v. Lease Finance Group
Order
CASC Feb. 14, 2020
Frlekin v. Apple Inc.
An employer's level of control over employees, not the mandatory nature of employees' activity, determines whether 'hours worked' are compensable under Wage Order 7.
Employment Law CASC Feb. 14, 2020
In re Gay
Because attorney allowed client to incriminate himself to district attorney, conducted minimal investigation, and otherwise deceived client, attorney's representation was deficient and defendant's subsequent verdict warranted reversal.
Criminal Law and Procedure CASC Feb. 14, 2020
Amended Opinion: Kirkpatrick v. Chappell
Although allowing jury to consider defendant's poisoning of dogs at penalty phase was error, jury still would have found that aggravating circumstances outweighed mitigating circumstances; thus, death sentence affirmed.
Criminal Law and Procedure 9th Feb. 14, 2020
U.S. v. Gagarin
A reasonable jury could have found defendant guilty of aggravated identity theft after she forged electronic signatures on a life insurance policy belonging to her cousin.
Criminal Law and Procedure 9th Feb. 14, 2020
Modification: People v. Johnson
A prosecutor's peremptory strike of three out of five black jurors coupled with launching a background check into another black juror is insufficient to sustain a Batson/Wheeler motion.
Constitutional Law CASC Feb. 14, 2020
Modification: People v. Beck and Cruz
Evidence was collectively sufficient to corroborate accomplice's testimony and to demonstrate that defendants were part of a conspiracy to kill the victims.
Criminal Law and Procedure CASC Feb. 14, 2020
In re: Maggie Liu
The continuation of the bankruptcy case carries with it a great potential for irreparable injury if immediate appeal is not allowed.
Bankruptcy BAP Feb. 13, 2020
George v. Shams-Shirazi
California Rules of Court 3.1702(b)'s filing deadline does not apply to postjudgment claims for attorney fees awarded under Family Code Section 271.
Civil Procedure 1DCA/1 Feb. 13, 2020
People v. Strike
Court engaged in impermissible judicial factfinding when it relied on defendant's charging document for facts not admitted to by defendant underlying his three strike conviction.
Criminal Law and Procedure 4DCA/3 Feb. 13, 2020
People v. Johnson
Proposition 57's requirement that the juvenile court find a minor fit for adult court transfer need not be waived personally by the accused; defense counsel may waive it alone.
Juveniles 4DCA/2 Feb. 13, 2020
Amended Opinion: Tovar v. Zuchowski
USCIS's interpretation of 'accompanying, or following to join' in 8 U.S.C. Section 1101(a)(15)(U)(ii) is afforded Chevron deference; a derivative U-visa petition may be denied when spouses marry after initial filing.
Immigration 9th Feb. 13, 2020
Parents For Privacy v. Barr
Fourteenth Amendment's Right to Privacy does not protect cisgender high school boys from changing clothes in same locker room with transgender boy prior to PE class.
Constitutional Law 9th Feb. 13, 2020
Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc.
Order
USSC Feb. 12, 2020
Modification: People v. Yanez
Admitting expert gang testimony directly relevant to motive is not an abuse of discretion unless its probative value is outweighed by the risk of prejudice.
4DCA/2 Feb. 12, 2020
Fowler v. City of Lafayette
Pursuant to Ralph M. Brown Act, litigation threats must be reduced to writing and included in agenda materials made available to public but because plaintiffs suffered no prejudice, judgment was affirmed.
Administrative Agencies 1DCA/4 Feb. 12, 2020
State Water Resources Control Bd. v. Baldwin & Sons, Inc.
An administrative agency charged with seeing that the laws are enforced may have and exercise powers of original inquiry.
Civil Procedure 4DCA/1 Feb. 12, 2020
Herpel v. County of Riverside
Riverside County's possessory interest tax levied on non-tribal members who lease tribal land for residential purposes was not preempted by federal government's extensive regulation of reservation land use.
Native American Affairs 4DCA/2 Feb. 12, 2020
People v. Petri
Imposing restitution and assessment fines on defendants without consideration of their ability to pay does not violate due process unless defendant was denied court access.
Criminal Law and Procedure 6DCA Feb. 12, 2020
People v. Cerda
Attempted murder conviction under 'kill zone' theory was supported by substantial evidence where defendants used AK-47 assault rifle and deliberately targeted building's doors and windows.
Criminal Law and Procedure 2DCA/3 Feb. 11, 2020
Constellation-F, LLC v. World Trading 23, Inc.
Holdover rent provision was not a penalty that was void under Civil Code Section 1671 because graduated rentals are not damages, but are the rate for leasing property.
Real Property 2DCA/8 Feb. 11, 2020
In Re Marino
Bankruptcy Appellate Panel orders may be immediately appealed only if they finally dispose of discrete disputes within the larger case.
Bankruptcy 9th Feb. 11, 2020
Edmo v. Corizon
Order
9th Feb. 11, 2020
People v. Torres
Trial court's jurisdiction pursuant to Penal Code Section 1237.2 does not extend beyond the pendency of defendant's direct appeal.
Criminal Law and Procedure 2DCA/1 Feb. 10, 2020
Downey v. Public Storage, Inc.
Trial court did not abuse its discretion in denying class certification under Unfair Competition Law where consumers were allegedly deceived by different advertising messages and platforms.
Civil Procedure 2DCA/2 Feb. 10, 2020
Shaeffer v. Califia Farms, LLC
Truthful advertising claims about company's own product are generally unactionable under California's Unfair Competition Law because reasonable consumer is unlikely to be deceived by truth.
Consumer Law 2DCA/2 Feb. 10, 2020
Gamma Eta Chapter of Pi Kappa Alpha v. Helvey
Fraternity's chapter, as a subordinate of fraternity, lacked legal power to disregard instructions from fraternity ordering chapter to arbitrate claim against fraternity's agent.
Contracts 2DCA/8 Feb. 10, 2020