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People v. Moore
Voluntary intoxication is not a defense to vandalism charges brought under Penal Code Section 594.
statutory_interpretation 4DCA/1 Jan. 25, 2018
Medical Board of California v. Superior Court
More recent Business and Professions Code section provides blanket exemption allowing healing arts agencies to use arrest report information in disciplinary actions, notwithstanding seemingly conflicting Penal Code section.
statutory_interpretation 1DCA/4 Jan. 9, 2018
Stirling v. Brown
The California Military Whistleblower Protection Act does not require the Governor to take any particular action on a whistleblower allegation.
statutory_interpretation 4DCA/3 Jan. 8, 2018
In re C.D.
Penal Code Section 245(c), which prohibits two variants of aggravated assault against a police officer, defines a single offense.
statutory_interpretation 1DCA/5 Dec. 27, 2017
Yeh v. Tai
More specific Family Code provision applying equitable principles rather than strict time bar as to actions brought to reclaim community property after one spouse's death trumps general Civil Code statutes of limitation.
statutory_interpretation 2DCA/5 Dec. 26, 2017
People ex rel. etc. (Alzayat) v. Hebb
Litigation privilege must yield where its application would render a more specific law wholly or significantly inoperable.
statutory_interpretation 4DCA/2 Dec. 21, 2017
Liberty Mutual Fire Ins. v. EZ-FLO Int'l
A state lawsuit filed by 26 insurance companies as subrogees of over 100 homeowners is not a 'mass action' under the Class Action Fairness Act.
statutory_interpretation 9th Dec. 15, 2017
Hartnett v. San Diego County Office of Education et al.
Education Code Section 45306 does not require that the mandatory investigation of an employee's termination be conducted independent of an evidentiary hearing.
statutory_interpretation 4DCA/1 Dec. 15, 2017
U.S. v. Werle
Sentence enhancement for firearm conviction based on prior convictions for felony harassment affirmed where state statute of conviction requires threatened use of physical force.
statutory_interpretation 9th Dec. 14, 2017
U.S. ex rel. Max Bennett v. Biotronik Inc.
The government-action bar under the False Claims Act applies even when the government is no longer an active participant in an ongoing 'qui tam' lawsuit.
statutory_interpretation 9th Dec. 4, 2017