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Prang v. Los Angeles County Assessment Appeals Bd.
Taxpayers must strictly comply with the notice requirements of Revenue and Taxation Code Section 480.1 to avoid retroactively levied assessments.
statutory_interpretation 2DCA/2 Aug. 31, 2020
People v. Contreraz
Suspending execution of defendant's sentence and placing him on probation constituted conditional judgment rather than final judgment; thus, Senate Bill No. 620 applied retroactively.
statutory_interpretation 6DCA Aug. 26, 2020
Lona v. City of Fullerton Police Dept.
Trial courts may review and consider an agency's denial letter when ruling on removal petitions, notwithstanding the language in Penal Code Section 186.35(c).
statutory_interpretation 4DCA/3 Aug. 26, 2020
People v. Townsend
Trial court improperly analyzed how defendant's time spent absconding from parole supervision and in jail on parole violations altered his parole discharge date.
statutory_interpretation 1DCA/4 Aug. 21, 2020
People v. The North River Insurance Co.
Trial court did not err in denying appellant's motion to set aside summary judgment.
statutory_interpretation 2DCA/7 Aug. 19, 2020
Castillo v. Metropolitan Life Insurance Co.
Attorney's fees incurred in an administrative proceeding did not constitute 'appropriate equitable relief' under 29 U.S.C. Section 1132(a)(3).
statutory_interpretation 9th Aug. 18, 2020
Jarman v. HCR ManorCare, Inc.
Health and Safety Code Section 1430(b)'s $500 cap applies per lawsuit, not per regulatory violation.
statutory_interpretation CASC Aug. 18, 2020
People v. Santos
Petition for resentencing under Penal Code Section 1170.95(b)(1) requires the judge who originally sentenced petitioner to rule on petition, unless that judge is unavailable.
statutory_interpretation 2DCA/5 Aug. 17, 2020
People v. Lippert
Senate Bill No. 1437 is constitutional because it does not amend Propositions 7 and 115.
statutory_interpretation 4DCA/2 Aug. 13, 2020
People v. Harrell
Convictions under Penal Code Section 530.5(c) cannot be reclassified as misdemeanor thefts under Proposition 47.
statutory_interpretation 1DCA/4 Aug. 12, 2020
People v. Wilson
Penal Code Section 1170.95 gives trial courts discretion to impose a period of parole that is not constrained by excess custody credits.
statutory_interpretation 1DCA/3 Aug. 10, 2020
People v. Barton
Defendant's blanket waiver of her appeal rights did not preclude her from seeking retroactive application of Senate Bill 180, which eliminates three-year enhancements for most drug-related prior convictions.
statutory_interpretation 5DCA Aug. 6, 2020
People v. Nash
Trial court erred in finding that Senate Bill No. 1437 unconstitutionally amended Proposition 7.
statutory_interpretation 5DCA Aug. 5, 2020
In re Febbo
California Constitution does not permit California Department of Corrections and Rehabilitation to adopt regulations making inmates ineligible for early parole consideration based solely on nonviolent felony conviction.
statutory_interpretation 4DCA/3 Aug. 5, 2020
People v. Herrera
Defendant's three prior prison term enhancements were reversed because Penal Code Section 667.5(b) was amended and only applies if defendant's prior prison term was for a sexually violent offense.
statutory_interpretation 6DCA Aug. 4, 2020
California Disability Services Assn. v. Bargmann
Community-based day programs' service providers' requests for rate adjustment due to increase of minimum wage, which impacted salaries of their exempt program directors, was properly denied.
statutory_interpretation 3DCA Aug. 3, 2020
Alameda County Deputy Sheriff's Assoc. v. Alameda County Employees' Retirement Assoc.
Because Public Employees' Pension Reform Act was enacted for constitutionally permissible purpose of closing loopholes and preventing abuse of pension system, it met contract clause requirements.
statutory_interpretation CASC Jul. 31, 2020
People v. Collins
Based on Penal Code Sections 664 and 21a, there is a crime of attempted aggravated sexual assault as defined through interplay of Section 269(a)(1) and statutory provisions relating to attempts.
statutory_interpretation 1DCA/1 Jul. 28, 2020
People v. Collom
Meeting a minor for lewd purposes under Penal Code Section 313.1 is violated only where harmful matter has been distributed to minor, not adult posing as one.
statutory_interpretation 1DCA/3 Jul. 15, 2020
Talley v. County of Fresno
An individual cannot be deemed an employee within meaning of Fair Employment and Housing Act absent existence of remuneration.
statutory_interpretation 5DCA Jul. 14, 2020
Modification: 731 Market Street Owner, LLC v. City and County of San Francisco
Transfer of property subject to lease with remaining term of years was not a taxable 'change in ownership.'
statutory_interpretation 1DCA/3 Jul. 13, 2020
People v. Superior Court (Ferraro)
Senate Bill No. 1437 is not an invalid attempt to amend Proposition 115 or Proposition 7.
statutory_interpretation 3DCA Jul. 9, 2020
Save Berkeley's Neighborhoods v. Regents of the University of California
Public university's decision to increase enrollment can be considered a 'project' subject to California Environmental Quality Act, regardless of its relation to development plans.
statutory_interpretation 1DCA/5 Jul. 2, 2020
Cundall v. Mitchell-Clyde
Alternative statutory revocation method is available under Probate Code Section 15401 for trusts instruments without an explicitly stated, exclusive revocation method.
statutory_interpretation 2DCA/2 Jul. 2, 2020
Webster v. Superior Court (People)
Defendants subject to incarceration for probation violations satisfy the 'subject to incarceration' requirement under Rule 8.851 of California Rules of Court.
statutory_interpretation 4DCA/2 Jul. 2, 2020
Barnes v. Routh Crabtree Olsen
If plaintiff is simply initiating foreclosure proceedings, without attempting to collect remainder of debt through deficiency judgment, Fair Debt Collection Practices Act does not apply.
statutory_interpretation 9th Jul. 1, 2020
People v. Alaybue
Senate Bill No. 1437 is a valid, constitutional basis under which petitioners may seek resentencing of a murder conviction.
statutory_interpretation 6DCA Jun. 30, 2020
People v. Paige
Defendants charged with felony murder but convicted of voluntary manslaughter pursuant to a plea agreement are not eligible for relief under Penal Code Section 1170.95.
statutory_interpretation 1DCA/2 Jun. 29, 2020
People v. E.B.
Change of plea and dismissal of accusatory pleading under Penal Code Section 1203.4 is not the equivalent of vacation of conviction warranting relief under Section 851.91.
statutory_interpretation 6DCA Jun. 25, 2020
Scott v. Arnold
'McDonough Power Equipment, Inc. v. Greenwood' which permits new trial where juror lies and hides fact during voir dire that would have permitted juror to be stricken for cause, accommodates prejudice analysis.
statutory_interpretation 9th Jun. 23, 2020