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Modification: People v. Lewis
Penal Code Section 1170.95(c) does not require petitioner to first make prima facie showing that he is entitled to relief in order to be appointed counsel.
Criminal Law and Procedure CASC Aug. 27, 2021
Estate of Wall
Evidence Code Section 662 prevails over Family Code Section 760 when determining character of decedent's real property in probate matter.
probate_and_trusts 3DCA Aug. 26, 2021
People v. Medrano
Penal Code Section 1170.95 relief is unavailable to petitioners concurrently convicted of first degree murder and conspiracy to commit first degree murder where both convictions involve the same victim.
Criminal Law and Procedure 2DCA/6 Aug. 26, 2021
Modification: In re Noah S.
Minor's attempted robbery adjudication qualified as offense under Welfare and Institutions Code Section 707(b).
Juveniles 1DCA/3 Aug. 26, 2021
Orozco-Lopez v. Garland
Non-citizens whose removal orders have been reinstated are statutorily entitled to counsel under 8 U.S.C. Section 1362.
Immigration 9th Aug. 26, 2021
Munyuh v. Garland
Adverse credibility determination was improper because immigration judge did not give specific reasons for rejecting petitioner's reasonable explanation regarding perceived discrepancies.
Immigration 9th Aug. 26, 2021
Invesco High Yield Fund v. Jecklin
Sanctions under 28 U.S.C. Section 1826(a) also apply to defendant's refusal to answer interrogatories or to produce documents.
statutory_interpretation 9th Aug. 26, 2021
Apartment Association of Los Angeles County v. City of Los Angeles
Because it was reasonable and appropriate, City's eviction moratorium passed constitutional muster under Contracts Clause.
Civil Rights 9th Aug. 26, 2021
LeBrun v. CBS Studios Inc.
California-based television producer's alleged fraudulent misrepresentations were made in Louisiana and his conduct in California in producing show was not independently wrongful; thus, case time-barred by Louisiana statute of limitations.
Civil Procedure 2DCA/4 Aug. 26, 2021
Brown v. Montage at Mission Hills, Inc.
Civil Code Section 4740 exempts common interest development property owners from rental restrictions not in place at time of property's purchase.
Real Property 4DCA/2 Aug. 25, 2021
Finato v. Keith A. Fink & Associates
Second anti-SLAPP motion relying on the law of the case was appropriate procedural vehicle to challenge paragraphs in amended complaint that were previously struck by appellate court.
Anti-SLAPP 2DCA/1 Aug. 25, 2021
People v. Wilkins
Senate Bill No. 1437 neither repealed the felony-murder special circumstance statute in practice nor amended any voter-approved initiative.
Criminal Law and Procedure 4DCA/1 Aug. 25, 2021
Modification: People v. Nolasco
No equal protection violation in differential treatment of recommitment orders' end dates for those with mental illnesses versus those with developmental disabilities.
Constitutional Law 2DCA/2 Aug. 25, 2021
Payan v. Los Angeles Community College District
Plaintiffs' claims that included denial of specific individual accommodations were subject to evaluation under 'failure to accommodate framework.'
Disability Discrimination 9th Aug. 25, 2021
Native Village of Nuiqsut v. Bureau of Land Management
'Capable of repetition, yet evading review' exception to mootness did not apply where multitude of new circumstances rendered case moot.
Environmental Law 9th Aug. 25, 2021
Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation.
Torts 9th Aug. 25, 2021
BNSF Railway Company v. Columbia River Gorge Commission
Local county code is not exempt from preemption under Interstate Commerce Commission Termination Act.
Civil Procedure 9th Aug. 25, 2021
People v. Roberts
Using DNA sample from defendant who was validly arrested for felony on probable cause but never formally charged does not violate constitutional rights.
Criminal Law and Procedure 3DCA Aug. 24, 2021
In re N.F.
Changes in housing and employment could not support Welfare and Institutions Code Section 388 petition without showing that substance abuse problem had materially changed.
Juveniles 4DCA/2 Aug. 24, 2021
People v. Wycoff
Expert psychologist's report was substantial evidence of defendant's mental incompetence, requiring the court to initiate competency procedures set forth in Penal Code Sections 1368 and 1369.
Criminal Law and Procedure CASC Aug. 24, 2021
Southwest Fair Housing Council v. Maricopa Domestic Water Improvement District
Increasing refundable security deposit required of new public housing customers before providing water services served legitimate business interest of preventing delinquent accounts.
Civil Rights 9th Aug. 24, 2021
Aguirre v. U.S. Nuclear Regulatory Commission
Although agency's response to Freedom of Information Act request was tardy, requestor must exhaust administrative remedies so long as agency properly responds before suit is filed.
Administrative Agencies 9th Aug. 24, 2021
Ohlson v. Brady
Government was entitled to qualified immunity in plaintiff's action alleging that his government employer violated his First Amendment rights by disciplining him for protected speech.
Civil Rights 9th Aug. 24, 2021
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.
District court erred in concluding that 'exclusive ownership' under California Civil Code Section 980(a)(2) included the right of public performance.
Copyright 9th Aug. 24, 2021
Ramirez v. Trans Union
Order
9th Aug. 24, 2021
People v. Mumin
Evidence supported jury instruction on kill zone theory of attempted murder liability.
Criminal Law and Procedure 4DCA/1 Aug. 23, 2021
Modification: Law Finance Group, LLC v. Key
100-day deadline to file petition to vacate arbitration award cannot be altered by agreement.
Arbitration 2DCA/2 Aug. 23, 2021
People v. Tan
After defendant's conviction was vacated under Penal Code Section 1170.95 and he was released on time served with three-year parole term, Section 3000.01 limited defendant's parole term to two years.
Criminal Law and Procedure 2DCA/3 Aug. 23, 2021
Save our Access v. Watershed Conservation Authority
Parking deficits do not affect project's environmental review unless it has impact 'on the environment.'
Environmental Law 2DCA/8 Aug. 23, 2021
Maner v. Dignity Health
Discrimination motivated by employer's 'paramour preference' is not unlawful sex discrimination under Title VII of Civil Rights Act of 1964.
Employment Discrimination 9th Aug. 23, 2021