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Name Category Published
Bark v. United States Forest Service
Environmental Impact Statement was required because Plaintiffs raised substantial questions on whether project would affect quality of human environment. 		Environmental Law 9th May 5, 2020
Modification: People v. The North River Insurance Co.
Failure to consider defendant's ability to pay under 'In re Humphrey' results in, at best, a voidable, not void, bail order. 		Civil Procedure 2DCA/2 May 4, 2020
People v. Davis
Remand not warranted where record clearly indicates trial court would not have stricken prior felony enhancement under SB 1393. 		Criminal Law and Procedure 5DCA May 4, 2020
In re Hampton
Where appellate counsel fails to raise significant and obvious issue, failure will generally be considered deficient performance. 		Prisoners' Rights 3DCA May 4, 2020
People v. Torres
Trial court's discretion is not unfettered when defendant satisfies requirements for compassionate release pursuant to Penal Code Section 1170. 		Criminal Law and Procedure 4DCA/2 May 4, 2020
Marez v. Lyft, Inc.
Defendant's activities at the time of the accident were not within the scope of his employment because they were solely personal and employer did not derive any benefit. 		Torts 1DCA/1 May 4, 2020
People v. Offley
Trial court erred in finding defendants were ineligible for relief under SB 1437 due to sentence enhancements for intentionally discharging a firearm and proximately causing death. 		Criminal Law and Procedure 2DCA/1 May 4, 2020
Carmel Development Co., Inc. v. Anderson
Trial court erred in determining plaintiff could selectively allocate liability for liens to certain lots even though improvements that were subject of liens benefited all lots. 		Remedies 6DCA May 4, 2020
Mero v. Barr
Nevada's possession of visual presentation depicting sexual conduct of person under 16 years of age is not a 'sexual abuse of a minor' aggravated felony under 8 U.S.C. Section 1101(a)(43)(A). 		Immigration 9th May 4, 2020
Oregon Natural Desert Association v. United States Forest Service
Forest Service had no duty to memorialize each site-specific authorization's consistency with the Forest Plan. 		Environmental Law 9th May 4, 2020
Benson v. Chappell
In challenging his California death sentence for murder, petitioner failed to show state's determination was an unreasonable application of federal law. 		Criminal Law and Procedure 9th May 4, 2020
International Brotherhood of Teamsters, Local 396 v. NASA Services Inc.
Failure to satisfy a condition precedent to formation results in an unenforceable contract. 		Labor Law 9th May 4, 2020
U.S. Bank v. Thunder Properties
Order 		9th May 4, 2020
Colucci v. T-Mobile USA, Inc.
It was reasonable for the jury to award punitive damages because there was sufficient evidence a managing agent engaged in retaliatory conduct that was malicious or oppressive. 		Remedies 4DCA/1 May 1, 2020
In re M.R.
Dependency case plans must specifically identify how services will accomplish specific goals; broad language recommending future unknown services is insufficient. 		Dependency 5DCA May 1, 2020
Huang v. Wells Fargo Bank, N.A.
Notice of trustee's sale posted on plaintiff's property did not disturb their possession sufficiently to start the running of the statute of limitation to bar quiet title action. 		Civil Procedure 1DCA/3 May 1, 2020
People v. Guerrero
Simultaneous possession of contraband alone does not raise meaningful connection as required under Proposition 47's identity theft exception. 		Criminal Law and Procedure CASC May 1, 2020
People v. Lopez
Penal Code Section 459.5(b) prohibits charging shoplifting and theft of same property even in the alternative. 		statutory_interpretation CASC May 1, 2020
Nationwide Biweekly Administration, Inc. v. Superior Court (People)
Causes of actions under the Unfair Competition Law and False Advertising Law seeking injunctive relief and civil penalties have no right to a jury trial because 'the gist of the actions' are equitable. 		Civil Procedure CASC May 1, 2020
Mitchell v. U.S.
'Pena-Rodriguez v. Colorado' left untouched law governing investigating and interviewing jurors and thus did not give rise to 'extraordinary circumstances' for purposes of Federal Rule of Civil Procedure 60(b). 		Evidence 9th May 1, 2020
County Inmate Telephone Service Cases
Inmates in county jails did not have standing to sue for unlawful taxes paid by telecommunications companies, which passed on that cost to inmates. 		Tax 2DCA/1 Apr. 30, 2020
Obbard v. State Bar of California
Superior Court of California attorneys are state employees, thus not required to complete the State Bar's continuing legal educational program. 		Attorneys 1DCA/5 Apr. 30, 2020
Alaniz v. Sun Pacific Shippers
Trial court prejudicially erred when it omitted 'Privette/Hooker' elements from its instructions on negligence and premises liability. 		Torts 2DCA/6 Apr. 30, 2020
People v. Ashbey
Defendant was properly convicted of four counts of arson of forest land because Penal Code Section 450(b) is violated each time a burning, however small, occurs. 		Criminal Law and Procedure 3DCA Apr. 30, 2020
Ayala v. Superior Court (People)
Under Emergency Rule 4, courts preserve their existing authority to increase bail from zero dollars; thus, superior court's implemented procedure was authorized. 		Criminal Law and Procedure 4DCA/1 Apr. 30, 2020
Cedar Point Nursery v. Shiroma
Order 		9th Apr. 30, 2020
International Alliance of Theatrical Stage Employees Local 15 v. National Labor Relations Board
Employers asserting only an unwillingness to pay have no duty to produce information about their financial viability upon request from Union. 		Labor Law 9th Apr. 30, 2020
Grodzitsky v. American Honda Motor Co.
District court properly excluded plaintiff's expert opinion as unreliable under 'Daubert' because expert failed to utilize workable standard supporting plaintiff's design defect theory. 		Evidence 9th Apr. 30, 2020
In re Point Center Financial Inc.
Bankruptcy court properly extended deadline for Chapter 7 Trustee to accept or reject operating agreement upon finding excusable neglect. 		Bankruptcy 9th Apr. 30, 2020
People v. Bell
Defendant's Penal Code Section 667.5 enhancement allegations and accompanying terms were stricken in light of Senate Bill No. 1361. 		Criminal Law and Procedure 2DCA/8 Apr. 29, 2020
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