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Landau v. Superior Court
Sexually Violent Predator Act was amended to allow district attorneys the explicit authority to subpoena a sexually violent predator's otherwise confidential medical records; thus, petitioner's motion to quash subpoena properly denied.
statutory_interpretation 4DCA/3 Mar. 11, 2019
Boschetti v. Pacific Bay Investments Inc.
California courts lack jurisdiction to order dissolution of foreign state LLC's and LP's when the controlling foreign state's laws do not provide for compulsory buyout rights.
statutory_interpretation 1DCA/4 Mar. 11, 2019
People v. Joseph
Filing a false CHP-180 form violates Vehicle Code Section 10501(a) and commonly results in violation of Penal Code Section 118, so the specific Section 10501(a) preempts the general Section 118.
statutory_interpretation 2DCA/5 Mar. 7, 2019
Iopa v. Saltchuk-Young Brothers
Excusable neglect analysis is proper when evaluating an untimely petition for attorney's fees under the Longshore Act, and a lack of excusable neglect provides grounds to strike untimely petitions.
statutory_interpretation 9th Mar. 5, 2019
Design Built Systems v. Sorokine
Establishing a violation of Internal Revenue Code Section 7434 requires showing a filed information report was willfully fraudulent, rather than merely erroneous.
statutory_interpretation 1DCA/2 Mar. 1, 2019
MDQ, LLC v. Gilbert, Kelly, Crowley & Jennett LLP
Security interests and security agreements in personal property are governed by the UCC, and priority of conflicting interests is determined by timing of filing or perfection.
statutory_interpretation 2DCA/8 Mar. 1, 2019
In re J.G.
Courts may consider supplemental income benefits when determining one's ability to pay restitution, but factors including future earning capacity, current financial situation, and total amount ordered should also be considered.
statutory_interpretation CASC Feb. 26, 2019
Darrin v. Miller
Under the Elder Abuse Act, 'other treatment' can constitute elder abuse if it results in 'physical harm or pain or mental suffering' even if there is no special relationship between the parties.
statutory_interpretation 1DCA/2 Feb. 25, 2019
Sturm v. Moyer
The UFTA may apply to premarital contracts providing that earnings, income and property acquired during marriage would be separate property, depending upon whether actual or constructive fraud occurred.
statutory_interpretation 2DCA/4 Feb. 20, 2019
Meza v. Portfolio Recovery Associates, LLC
California Code of Civil Procedure Section 98(a) does not categorically require affiants be personally present for service at an address within 150 miles of the place of trial.
statutory_interpretation CASC Feb. 19, 2019
Dondlinger v. L.A. County Regional Park
A statute, such as Public Resources Code Section 5566, meets the uniformity requirement when it does not require a uniform 'effect' or 'outcome', but rather uniform application of the statute.
statutory_interpretation 2DCA/1 Feb. 4, 2019
Mikkelsen v. Hansen
Based upon the broad language used by the Legislature when writing Civil Code Section 1009, Section 1009(b) bars both implied-in-fact dedications and implied-in-law dedications of private noncoastal property.
statutory_interpretation 5DCA Jan. 11, 2019
Acco Engineered Systems v. Contractors' St. License Bd.
Trial court correctly concludes that the 'willfulness' requirement for a permit violation under the Business and Professions Code is properly interpreted to require only a general intent to violate.
statutory_interpretation 2DCA/5 Dec. 18, 2018
Marks v. Crunch San Diego
TCPA's definition of automated dialing system not 'limited to devices with the capacity to call numbers produced by a random number generator, but also includes devices capable of dialing stored numbers automatically,' and which might involve some human interaction.
statutory_interpretation 9th Sep. 21, 2018
Pease v. Zapf
Application of a term limit provision caps number of terms incumbent may serve but does not preclude candidate from running for third term where redistricting resulted in her serving in two different districts over first two terms.
statutory_interpretation 4DCA/1 Aug. 21, 2018
National Shooting Sports Foundation, Inc. v. State of California
A trial court did not err when it declared Penal Code Section 31910(b)(7)(A) unenforceable when the court found that complying with the statute is impossible.
statutory_interpretation CASC Jun. 29, 2018
Wisconsin Central Ltd. v. U.S.
Employee stock options are not taxable 'money remuneration' under Railroad Retirement Tax Act of 1937.
statutory_interpretation USSC Jun. 22, 2018
Kaura v. Stabilis Fund II, LLC
Fee-shifting statute allowing for attorney fee award where agency 'appoints' receiver is improper basis for attorney fee award where agency merely modifies existing receivership.
statutory_interpretation 4DCA/2 Jun. 14, 2018
Gund v. County of Trinity
Plaintiffs who respond to 911 call of uncertain nature at county sheriff's request are engaged in active law enforcement and are entitled to exclusive remedy of workers' compensation.
statutory_interpretation 3DCA Jun. 6, 2018
Heavenly Hana v. Hotel Union & Hotel Industry
A company assumes the unpaid withdrawal liability of its predecessor to a multiemployer pension plan if it was on constructive notice of potential withdrawal liability.
statutory_interpretation 9th Jun. 4, 2018
Huff v. Securitas Security Services USA, Inc.
Employee seeking penalties for Labor Code violations under PAGA representative action may pursue penalties for all violations if employee was affected by at least one Labor Code violation.
statutory_interpretation 6DCA May 29, 2018
Facebook Inc. v. Superior Court (Hunter)
Communications configured by social media users to be public fall within Stored Communication Act's 'lawful consent' exception, presumptively allowing social media provider to disclose such communication.
statutory_interpretation CASC May 25, 2018
People v. Ruiz
Fees imposed under Penal Code Section 182 (a) on conviction for 'conspiracy' to commit crime affirmed where fees constitute punishment pursuant to Legislature's intent.
statutory_interpretation 5DCA May 18, 2018
Reilly v. Marin Housing Authority
In-Home Supportive Services compensation does count as income for purposes of calculating rent subsidies for tenants under Section 8 of the Housing Choice Voucher Program that HUD administers.
statutory_interpretation 1DCA/2 May 17, 2018
Charles v. Sutter Home Winery, Inc.
'Safe harbor' warning prescribed by agency requiring wine sellers to note product may increase cancer risk or cause birth defects meets standard of Prop 65; no additional warning re: inorganic arsenic required under the regulatory scheme.
statutory_interpretation 2DCA/4 May 11, 2018
People v. Adelmann
Resentencing petition must be filed in original sentencing court even where probationary transfer has taken place.
statutory_interpretation 4DCA/2 May 11, 2018
Davis v. County of Fresno
Attachments that are part of report that must be disclosed under PROBA must also be disclosed where attachments further statute’s purpose.
statutory_interpretation 5DCA May 7, 2018
Hernandez v. Rancho Santiago Community College Dist.
Long-time employee terminated by a school district while she was on an approved medical leave to heal from a work-related injury, was effectively denied reasonable accommodation for her known physical disability, a violation of the California Fair Employment and Housing Act.
statutory_interpretation 4DCA/3 May 7, 2018
Modification: Hedwall v. PCMV, LLC
Second amended cross-complaint filed without court leave is properly stricken under Code of Civil Procedure Section 472(a) where section's provision allowing amendment to pleading without leave applies only to original cross-complaint and complaint.
statutory_interpretation 2DCA/4 Apr. 27, 2018
Jesner v. Arab Bank, PLC
Alien Tort Statute does not extend to suits against foreign corporations
statutory_interpretation USSC Apr. 25, 2018