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Name Category Published
People ex rel. State Dept. of State Hospitals v. S.M.
If the court provides a Mentally Disordered Offender with discovery through a continuance, the MDO may not claim that his due process rights were violated if he is denied the continuance. 		Civil Procedure 2DCA/6 Sep. 26, 2019
People v. Bermudez
Penal Code Section 16470, defining a dirk or dagger, the concealed possession of which is proscribed by Section 21310, is not unconstitutionally vague. 		Constitutional Law 3DCA Sep. 26, 2019
People v. Francis A.
Because juvenile's brushing of Officer's hand was incidental to his attempt to move away from Officer's hand, juvenile did not act willfully or unlawfully; thus, there was insufficient evidence of battery. 		Juveniles 1DCA/2 Sep. 26, 2019
Hawkins v. City of Los Angeles
Plaintiffs presented prima facie case of whistleblower retaliation and substantial evidence supported jury's finding that City's proffered reasons for termination of plaintiffs were pretextual. 		Employment Law 2DCA/3 Sep. 26, 2019
Modification: People v. Newman
A distance as short as 190 feet satisfies the asportation element of the crime of kidnapping. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
Doe v. Occidental College
Adjudicator reasonably concluded that student was unable to make 'an informed and rational decision to engage in sexual activity' and that appellant, had he been sober, should have known it. 		Evidence 2DCA/7 Sep. 25, 2019
People v. Rodriguez
'Miranda' warnings are not required when suspects give voluntary statements to a person they do not know is a police officer and therefore Fifth Amendment rights are not violated. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
People v. Keo
Local agency's dependency investigator, to whom defendant stated he committed murder and threatened the victim, was not a peace officer or law enforcement agent, so 'Miranda' did not apply. 		Criminal Law and Procedure 2DCA/7 Sep. 25, 2019
Vazquez v. Jan-Pro Franchising Int'l
Order 		9th Sep. 25, 2019
Vazquez v. Jan-Pro Franchising Int'l
Order 		9th Sep. 25, 2019
Modification: People v. Buchanan
Trial courts have discretion to impose concurrent sentences for multiple serious or violent felonies against a single victim if they were committed on the 'same occasion.' 		Criminal Law and Procedure 1DCA/5 Sep. 25, 2019
Gietzen v. Covenant RE Management, Inc.
After foreclosure, limited partner and third party beneficiary general partner lost their rights in lease, including provision limiting liability; thus, judgment was amended to include general partner as judgment debtor. 		Contracts 2DCA/6 Sep. 25, 2019
People v. Hicks
'People v. Duenas' was not good law because the due process strands it addressed did not dictate its rule, and thus it incorrectly interpreted those due process strands. 		Criminal Law and Procedure 2DCA/2 Sep. 25, 2019
People v. Ramirez
Criminal defendants have a right to have a proposed jury instruction provided that pinpoints their defense theory, but the court may refuse incorrect, argumentative, duplicative, or confusing instructions. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
People v. Superior Court (Santa Clara)
Senate Bill 1391 furthered Proposition 57's stated purposes and bolstered its voter-approved repealing of Proposition 21, so it did not unconstitutionally amend either initiative. 		Juveniles 6DCA Sep. 24, 2019
People v. Bay
Missing element of felonious intent in jury instruction for crime of possessing burglary tools was not harmless error; thus, conviction was reversed. 		Criminal Law and Procedure 1DCA/1 Sep. 24, 2019
Southern Cal. Pizza Co., LLC v. Certain Underwriters at Lloyd's London
Disbursements for losses and work-related expenditures fell outside the scope of the parties' wage and hour exclusion under insurance policy; thus, judgment sustaining defendant's demurrer reversed. 		Insurance 4DCA/3 Sep. 24, 2019
In re Alonzo M.
An electronic search condition for a juvenile's probation is appropriate under 'People v. Lent' so long as the condition is related to the future of the juvenile's criminality. 		Juveniles 1DCA/4 Sep. 24, 2019
Cerner Middle East Ltd. v. Belbadi Enterprises
Outcome of instant case could not conceivably be affected by arbitration award arising from dispute concerning contract for development of medical information software; thus, removal to federal court was improper. 		Civil Procedure 9th Sep. 24, 2019
Cerner Middle East Ltd. v. ICapital LLC
Decision of the Court of Appeal of Paris affirming French trial court's confirmation of foreign arbitral tribunal's arbitration award was entitled to comity because it met a minimum standard of reasonableness. 		International Law 9th Sep. 24, 2019
Protect Our Communities Foundation v. LaCounte
New information relating to adverse impact to golden eagles from wind turbines was not significant under National Environmental Protection Act because it merely confirmed concerns that environmental impact statement already considered. 		Environmental Law 9th Sep. 24, 2019
U.S. v. Becerra
District court committed plain structural error by only providing written jury instructions and failing to orally instruct jurors as to substantive law, so remand for a new trial was necessary. 		Criminal Law and Procedure 9th Sep. 24, 2019
U.S. v. Collazo
Order 		9th Sep. 23, 2019
Lindstrom v. Cal. Coastal Commission
California Coastal Commission's special conditions on approval of coastal development permit were generally acceptable, but special condition 3.b was overbroad and unreasonable as drafted so remand was necessary. 		Environmental Law 4DCA/1 Sep. 23, 2019
People v. Newman
A distance as short as 190 feet satisfies the asportation element of the crime of kidnapping. 		Criminal Law and Procedure 2DCA/8 Sep. 23, 2019
Goodman v. Dohmen
Order 		9th Sep. 23, 2019
Riggs v. Airbus Helicopters
Merely complying with federal regulation is not sufficient for an officer to be regarded as "acting under the government" for purposes of 28 U.S.C. Section 1442(a)(1). 		Civil Procedure 9th Sep. 23, 2019
Modification: Conservatorship of K.P.
Lanterman-Petris-Short Act Section 5352 permits treatment facilities to initiate conservatorship proceedings when admitting an uncooperative patient and is not considered an element for jury instruction. 		Civil Procedure 2DCA/2 Sep. 20, 2019
In re I.A.
The legislative intent of Welfare and Institutions Code Section 361.5(b)(10) allows juvenile courts to deny reunification services to parents who have already failed at reunification and failed to improve. 		Juveniles 4DCA/2 Sep. 20, 2019
People v. Jenkins
Penal Code Section 1001.36 applies retroactively under 'People v. Lara' and on remand, defendant may attempt to make a prima facie showing of eligibility for pretrial diversion. 		Criminal Law and Procedure 4DCA/1 Sep. 20, 2019
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