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People v. Solis
Senate Bill No. 1437 did not unconstitutionally amend Proposition 7 and Proposition 115.
statutory_interpretation 4DCA/3 Mar. 20, 2020
People v. Sanchez
Senate Bill No. 1437 abrogated natural and probable consequences doctrine in attempted murder prosecutions because it was no longer viable theory to prove attempted murder.
statutory_interpretation 5DCA Mar. 17, 2020
Kim v. Reins International California Inc.
Settlement of individual claims does not strip aggrieved employee of standing as the state's authorized representative to pursue PAGA remedies.
statutory_interpretation CASC Mar. 13, 2020
County of Kern v. Alta Sierra Holistic etc.
Elections Code Section 9145, requiring county to 'entirely repeal ordinance' when valid referendum petition protesting ordinance was received, was not violated because there was a material change in regulation of marijuana dispensaries.
statutory_interpretation 5DCA Mar. 10, 2020
Facebook, Inc. v. Super. Ct.
Social media providers may defend against criminal subpoenas by either establishing an unjustified burden to produce or that the information is obtainable by other means.
statutory_interpretation 1DCA/5 Mar. 10, 2020
People v. Graves
Trial court correctly determined that defendant should be punished under Penal Code Section 647.6(c)(2) based on his prior convictions because two prior felony convictions authorized court to impose four-year sentence on defendant.
statutory_interpretation 1DCA/3 Mar. 10, 2020
Estate of Ashlock
Probate Code Section 859 contains a restorative obligation and a punitive penalty for the recovery of wrongfully taken real or personal property.
statutory_interpretation 5DCA Mar. 5, 2020
Amended Opinion: Lima v. Educational Credit Management Corp.
Nonprofit guaranty agency, which operates as intermediary between student-loan lender and U.S., was exempt from definition of 'debt collector' and thus not subject to violations of Fair Debt Collection Practices Act.
statutory_interpretation 9th Jan. 14, 2020
People v. Parker
The Mentally Disordered Offender Act extends prisoners' custody time for good cause, by conducting inmates' mental health evaluations to prevent potential threats to public safety.
statutory_interpretation 2DCA/6 Jan. 14, 2020
Lima v. Educational Credit Management Corp.
Nonprofit guaranty agency, which operates as intermediary between student-loan lender and U.S., was exempt from definition of 'debt collector' and thus not subject to violations of Fair Debt Collection Practices Act.
statutory_interpretation 9th Dec. 19, 2019
Daws v. Superior Court
Trial court's two-day written notice requirement for defendant to withdraw his waiver of right to a speedy trial fulfilled the requirements of Penal Code Section 1382.
statutory_interpretation 1DCA/4 Nov. 18, 2019
Pit River Tribe v. Bureau of Land Management
The Geothermal Stream Act, 30 U.S.C. Section 1005(a), clearly and unambiguously only permits production-based continuations for geothermal leases on a lease-by-lease basis, rather than on a unit-wide basis.
statutory_interpretation 9th Sep. 20, 2019
ZB, N.A. v. Superior Court (Kalethia Lawson)
Labor Code Section 558 provides no private right of action and plaintiff could not recover unpaid wages under Section 558 in a Private Attorneys General Act claim as she requested.
statutory_interpretation CASC Sep. 13, 2019
Garris v. FBI
To maintain a record, the government must demonstrate that the record is pertinent to and within the scope of a specific and currently ongoing authorized law enforcement activity.
statutory_interpretation 9th Sep. 12, 2019
Rudel v. Hawaii Mgmt Alliance Assn.
State law claims were preempted by ERISA Section 502(a), but saved from preemption under Section 514 and since the state statutes did not expand ERISA's remedial scope, they provided the rule of law.
statutory_interpretation 9th Sep. 12, 2019
Wilson v. County of San Joaquin
Government Code Section 850.6(a) did not provide County immunity for City firefighters' alleged negligence since the firefighters were not providing firefighting service during the relevant incident.
statutory_interpretation 3DCA Jul. 31, 2019
U.S. Commodity Futures Trading Commission v. Monex Credit Company
Commodity Exchange Act's actual delivery exception required some meaningful degree of customer possession, which did not occur here, and the CFTC may sue for fraudulently deceptive activity or manipulative activity.
statutory_interpretation 9th Jul. 26, 2019
Food Marketing Institute v. Argus Leader Media
Commercial or financial information customarily and actually treated as private by its owner and imparted under assurance of privacy is 'confidential' under the Freedom of Information Act's Exemption 4.
statutory_interpretation USSC Jun. 25, 2019
Gundy v. United States
34 U.S.C. Section 20913(d), requiring the Attorney General apply the Sex Offender Registration and Notification Act's requirements to pre-Act offenders as soon as possible, was not an unconstitutional delegation of legislative authority.
statutory_interpretation USSC Jun. 24, 2019
Stokes v. Baker
Health and Safety Code Section 1799.110(c)'s legislative purpose did not bear on causation inquiries, so requiring experts offering medical testimony on such matters to have recent emergency room experience was improper.
statutory_interpretation 2DCA/3 Jun. 3, 2019
Citizens Oversight v. Vu
The California Public Records Act, through Election Code Sections 15370 and 17301, specifically and clearly protected ballots from public disclosure, so the court was bound by the provisions' plain meaning.
statutory_interpretation 4DCA/1 May 22, 2019
Cochise Consultancy, Inc. v. United States ex rel. Hunt
A relator-initiated, nonintervened suit is subject to the limitation periods in 31 U.S.C. Section 3731(b)(1) and (b)(2).
statutory_interpretation USSC May 14, 2019
Summers v. Colette
No continuous directorship requirement should be read into Corporations Code Sections 5233(c), 5142(a), and 5223(a), and refusal to grant leave to amend to join an indispensable party was erroneous.
statutory_interpretation 2DCA/7 Apr. 17, 2019
T-Mobile West LLC v. City and County of San Francisco
San Francisco Ordinance No. 12-11, requiring permits for installation or maintenance of wireless equipment along public rights-of-way, was not preempted by Public Utilities Code Section 7901, nor violated Section 7901.1.
statutory_interpretation 1DCA/5 Apr. 5, 2019
Modification: 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 Apr. 4, 2019
In re H.W.
Liability under Penal Code Section 466 requires intent to use a qualifying tool to break or gain entry into a structure to commit theft or any felony within the structure.
statutory_interpretation 3DCA Mar. 29, 2019
Herriott v. Herriott
Welfare and Institutions Code Section 15657.03 allows an abused elder to seek exclusion of a party from petitioner's dwelling, but 'dwelling' refers to petitioner's apartment, rather than petitioner's apartment building.
statutory_interpretation 2DCA/8 Mar. 22, 2019
Synergy Project Management, Inc. v. City and County of S.F.
Objective of Public Contract Code Section 4107(a) is to prevent bid peddling and bid shopping and no risk existed when prime contractor wanted to retain subcontractor; thus, City's substitution of subcontractor was valid.
statutory_interpretation 1DCA/1 Mar. 18, 2019
Ron Miller Enterprises, Inc. v. Lobel Fin. Corp., Inc.
To create a valid security interest, the parties must intend the relevant transaction has effect as security, and multiple documents can provide evidence for such intent.
statutory_interpretation 5DCA Mar. 15, 2019
1305 Ingraham v. City of Los Angeles
The 90-day statute of limitations of Government Code Section 65009(c)(1) applies upon the City Planning Department Director's determination regarding a housing project becoming final.
statutory_interpretation 2DCA/4 Mar. 14, 2019