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Modification: People v. Brown
Rejecting the prior rule, a trial court has the authority to deny a continuance lacking good cause even if the denial may foreseeably result in a dismissal of the case.
Criminal Law and Procedure 6DCA Oct. 14, 2021
People v. Sands
Because the legislature had a rational basis to allow parole to certain youthful offenders, but not others, Penal Code Section 3051 did not violate the Equal Protection Clause.
Criminal Law and Procedure 1DCA/5 Oct. 14, 2021
Chevron U.S.A. v. County of Monterey
A trial court did not err in striking down local ordinances banning land uses in support of new oil and gas wells and wastewater injection because they were preempted by state law.
Constitutional Law 6DCA Oct. 14, 2021
People v. Jenkins
A Kelly Blue Book website's valuation of a vehicle was admissible evidence for purposes of proving the vehicle's worth exceeded $950 because it is a published compilation.
Evidence 4DCA/3 Oct. 14, 2021
U.S. v. Goodall
A plea agreement that waived appeal, made knowingly and voluntarily, is still valid even if case law decided after the agreement could have changed conditions of the agreement.
Criminal Law and Procedure 9th Oct. 14, 2021
In re: Frank Lane Italiane Jr. and Alicia Italiane
An admission of individual facts was not a prerequisite to giving a stipulated judgment preclusive effect.
Bankruptcy BAP Oct. 13, 2021
McCann v. City of San Diego
The City of San Diego erred when it did not consider whether new projects were consistent with its own Climate Action Plan.
Environmental Law 4DCA/1 Oct. 12, 2021
People v. Montes
A juvenile resentencing hearing, although it ultimately resulted in the same sentence, vacated the earlier judgment and entitled defendant to a juvenile transfer hearing.
Criminal Law and Procedure 4DCA/2 Oct. 11, 2021
U.S. v. Yates
Because there is no cognizable property interest in the right to accurate information, the defendants could not be convicted for conspiracy to commit bank fraud.
Criminal Law and Procedure 9th Oct. 11, 2021
Carrasco v. State Personnel Board (Dept. of Corrections and Rehabilitation)
A probationary government employee may be rejected for a single substantiated reason.
Employment Law 4DCA/2 Oct. 11, 2021
People v. Flores
Juror declarations about statements made during deliberation were admissible because they showed information that was available to the jury rather than any juror's subjective decision-making process.
Criminal Law and Procedure 3DCA Oct. 11, 2021
Li v. Superior Court (Medical Board of California)
A trial court must account for the standard of proof in the underlying administrative proceeding when exercising its independent judgment.
Administrative Agencies 3DCA Oct. 8, 2021
In re Ari S.
Although child's removal from his adoptive mom began in another state, California jurisdiction is established where significant connections existed in California.
Juveniles 2DCA/8 Oct. 8, 2021
People v. Frias
Because no evidence was presented to the contrary, the trial court did not err in presuming that aftermarket parts can vary in quality compared to original parts.
Remedies 2DCA/8 Oct. 8, 2021
Forest Lawn Memorial-Park Assn. v. Superior Court (Ramirez)
A disavowed declaration was inadmissible evidence because it lacked foundation in the witness' personal knowledge of the matters in it.
Evidence 4DCA/2 Oct. 8, 2021
Amaya v. Garland
A Lawful Permanent Resident was removable for having committed first-degree assault under Washington state law because it is a categorically an aggravated felony.
Immigration 9th Oct. 8, 2021
Carachure v. Scott
Because plaintiff's counsel admitted authorization to offer to settle during opening statements, a partial nonsuit on the issue of settlement was proper.
Civil Procedure 4DCA/2 Oct. 8, 2021
Modification: Nede Mgmt. Inc. v. Aspen American Insurance Co.
Because plaintiffs failed to allege that an actual conflict of interest existed between them and their insurer-appointed counsel, plaintiffs were not entitled to independent counsel.
Insurance 2DCA/8 Oct. 7, 2021
Banerjee v. Superior Court (People)
Disclosure of financial interests to patients did not excuse a physician when he referred patients to other entities that he owned.
Criminal Law and Procedure 4DCA/2 Oct. 7, 2021
Upper Missouri Waterkeeper v. U.S. Environmental Protection Agency
A water quality variance regulation was not required to comply with the "highest attainable condition" from the outset, nor reach the base water quality standards by the end of the variance term.
Environmental Law 9th Oct. 7, 2021
American Society of Journalists and Authors, Inc. v. Bonta
Rules that likely classified many journalists as employees rather than independent contractors were not restrictions on speech.
Constitutional Law 9th Oct. 7, 2021
Michael G. v. Superior Court (Orange County Social Services Agency)
A juvenile court did not err in terminating reunification services at the 18-month review hearing, despite its finding that reasonable reunification services were not provided in the most recent review period.
Juveniles 4DCA/3 Oct. 7, 2021
People v. The North River Insurance Co.
Because a bond was exonerated when defendant appeared within the appearance period, there was no jurisdiction over a bail bond company to pay extradition costs.
Criminal Law and Procedure 2DCA/7 Oct. 6, 2021
People v. Bravo
Because there was no evidence that an immigration-neutral bargain could have been reached, defendant's inadequate advisement claim failed.
Criminal Law and Procedure 4DCA/2 Oct. 6, 2021
The GEO Group v. Newsom
California Assembly Bill 32 phasing out private detention facilities conflicts with Congress' powers and attempts to regulate a field remaining exclusively in the realm of the federal government.
Constitutional Law 9th Oct. 6, 2021
Modification: People v. Brown
Rejecting the prior rule, a trial court has the authority to deny a continuance lacking good cause even if the denial may foreseeably result in a dismissal of the case.
Criminal Law and Procedure 6DCA Oct. 6, 2021
Buntion v. Lumpkin
Order
USSC Oct. 5, 2021
Gann v. U.S.
Order
USSC Oct. 5, 2021
Thomas v. Payne
Order
USSC Oct. 5, 2021
James v. Bartelt
Order
USSC Oct. 5, 2021