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In re A.K.
Order terminating biological father's parental rights was reversed after juvenile court and County agency failed to follow statutorily-mandated notice requirements.
Dependency 3DCA Jan. 31, 2024
People v. Underwood
Resentencing was required where criminal defendant could no longer be convicted of felony murder because his participation in underlying felony lacked intent to kill or reckless indifference to human life.
Criminal Law and Procedure 1DCA/2 Jan. 31, 2024
Modification: Marriage of Whitman
Trial court erred in holding community property responsible for civil penalty imposed due to spouse's illegal insider trading during the marriage.
Family Law 1DCA/2 Jan. 30, 2024
Modification: In re Tony R.
Juvenile ward who had been substantially complying with his rehabilitation plan was not presumptively entitled to a six-month reduction in his baseline term of confinement.
Juveniles 1DCA/2 Jan. 30, 2024
In re: Kirk Eugene Frantz and Mary Elizabeth Frantz
Attorney's unprofessional conduct was not sufficient to warrant the imposition of sua sponte sanctions under the Federal Rules of Bankruptcy Procedure where the conduct was not roughly equivalent to contempt.
Bankruptcy BAP Jan. 30, 2024
Modification: Planning and Conservation League v. Dept. of Water Resources
Environmental impact analysis of amendments extending existing State Water Project contracts did not violate the California Environmental Quality Act despite testimony they could be used to fund a separate project.
Water Rights 3DCA Jan. 29, 2024
Baker v. Pacific Oaks Education Corp.
Plaintiffs contending childcare center exceeded licensing "capacity limitation" must show physical attendance rather than merely enrollment.
Education 2DCA/3 Jan. 29, 2024
Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC
Lease provision limiting landlord's liability was invalid where that liability was necessarily based on the landlord's violation of statutory duty to disclose existence of hazardous substance on nonresidential real property.
Real Property 4DCA/1 Jan. 29, 2024
Mosby v. Superior Court (People)
Trial court erred in not proceeding to Racial Justice Act evidentiary hearing where petitioner provided evidence that the DA's office sought convictions for more serious offenses against African-Americans.
Criminal Law and Procedure 4DCA/2 Jan. 29, 2024
U.S. v. Virgen-Mendoza
Government's misstatement that co-conspirator did not need actual knowledge of his brother's intent to flee was not prejudicial because it presented evidence that defendant knew of his brother's flight.
Criminal Law and Procedure 9th Jan. 29, 2024
Martinez v. High
Officer who disclosed confidential report of abuse to plaintiff's abuser was entitled to qualified immunity because the violation was not yet clearly established.
Qualified Immunity 9th Jan. 29, 2024
Holt v. County of Orange
Federal tolling statute did not apply to voluntarily dismissed pending supplemental state law claims, so subsequent complaint asserting those claims filed after the original limitations period expired was untimely.
Civil Procedure 9th Jan. 29, 2024
Smith v. Hamm
Order
USSC Jan. 29, 2024
People v. Cartwright
Footage from City ID streetlight camera of defendant's robbery did not violate Fourth Amendment because defendant had no reasonable expectation of privacy on San Diego street during the day.
Criminal Law and Procedure 4DCA/1 Jan. 26, 2024
Miszkewycz v. County of Placer
Defendant was not required to comply with Rules of Court Rule 3.1322 (standards for motions to strike) for its anti-SLAPP motion.
Anti-SLAPP 3DCA Jan. 26, 2024
Tekoh v. County of Los Angeles
Order
9th Jan. 26, 2024
Shalghoun v. North Los Angeles County Regional Center, Inc.
Regional center had no duty to protect employees of a residential facility that accepted a developmentally disabled person as a resident, despite facility's request that regional center relocate the resident.
Torts 2DCA/2 Jan. 26, 2024
Chavez v. Superior Court (People)
Trial court had post-indictment authority to resubmit enhancement to grand jury to permit prosecution to present evidence relevant to newly enacted elements of gang enhancement rather than dismissing it.
Criminal Law and Procedure 2DCA/2 Jan. 26, 2024
People v. Franco
Since defendant provided substantial evidence of 37 years of law-abiding behavior, defendant was entitled to be removed from sex offender registry despite his underlying sex crime's atrocity.
Criminal Law and Procedure 2DCA/2 Jan. 26, 2024
U.S. v. Gambino-Ruiz
Government did not violate defendant's due process rights when it removed him via expedited proceedings, and he was properly convicted of illegal reentry.
Criminal Law and Procedure 9th Jan. 25, 2024
Kinney v. City of Corona
Although linguistic ambiguity may have been present, Section 998 offer was unambiguous where there was no evidence recipient had reason to believe in more than one interpretation.
Civil Procedure 4DCA/2 Jan. 25, 2024
People v. Smyth
Registered sex offender ineligible for relief from registration requirement because he was not a California resident required to register under Section 290, which was a prerequisite for relief.
Criminal Law and Procedure 3DCA Jan. 25, 2024
Suarez v. Superior Court (Rudolph & Sletten, Inc.)
Emailed arbitration fee invoice was not an electronically served court document, so two-day grace period for electronic service did not apply, resulting in untimely payment and forfeited arbitration rights.
Arbitration 4DCA/1 Jan. 25, 2024
Di Martini v. Superior Court (Gupta)
A claimant must seek court permission before filing a second lis pendens on the same property in a subsequent proceeding.
Real Property 1DCA/3 Jan. 24, 2024
Center for Food Safety v. Regan
Order
9th Jan. 24, 2024
Snitko v. U.S.
Fourth Amendment's inventory search exception did not apply to contents of safe deposit boxes seized where the police's instructions on how to inventory the contents were written specifically for the boxes.
Constitutional Law 9th Jan. 24, 2024
People v. Gonzalez
Assembly Bill No. 333 did not alter the status of defendant's prior strike conviction for purposes of the Three Strikes law.
Criminal Law and Procedure 5DCA Jan. 24, 2024
Modification: K & S Staffing Solutions v. The Western Surety Co.
Staffing company hired by subcontractor for state public works contract could not obtain payment from bond posted by contractor as required by mechanics' lien law.
Government 3DCA Jan. 23, 2024
People v. Helzer
Seizure of items not specifically named in search warrants by police did not support criminal defendant's requested remedy of blanket suppression of the evidence resulting from the search.
Criminal Law and Procedure CASC Jan. 23, 2024
People v. Hurt
Trial court did not err in consolidating defendant's three separate drug possession cases where defendant's intent to sell methamphetamine was common to the cases.
Criminal Law and Procedure 3DCA Jan. 23, 2024