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Name Category Published
People v. Gutierrez
Defendant twice failed to exercise statutory right to request that the court consider ability to pay in setting a restitution fine; thus, he forfeited challenge to those fines and fees.
Criminal Law and Procedure 4DCA/1 Jun. 6, 2019
In re J.M.
Juveniles who are not charged as adults are not statutorily eligible for the mental health program under Penal Code Sections 1001.35 and 1001.36.
Juveniles 1DCA/3 Jun. 5, 2019
In Re Carlos Carrion Jr.
Former husband remained personally liable for entire amount of student loan debt despite former wife's assumption of half the debt in a marital settlement agreement.
Bankruptcy BAP Jun. 5, 2019
In Re Augustine Pena III
Chapter 7 trustee abandoned rental properties after bankruptcy case converted, but not rents derived therefrom; thus, bankruptcy court did not err in denying debtor's application to recover those unclaimed funds.
Bankruptcy BAP Jun. 5, 2019
Berger v. Varum
The Uniform Voidable Transactions Act supplements, not replaces, common law fraudulent transfer, and plaintiff adequately pled common law fraudulent transfer by alleging specific financial damages resulting from defendants' conduct.
Torts 1DCA/1 Jun. 5, 2019
Gold Value Int'l Textile v. Sanctuary Clothing
Copyright registration was invalid because all elements of Section 411(b) of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 were established.
Copyright 9th Jun. 5, 2019
Austin v. University of Oregon
Because plaintiffs' theories of liability were missing sufficient, nonconclusory allegations plausibly linking University's disciplinary action against them to discrimination on basis of sex, district court properly dismissed Title IX claims.
Civil Rights 9th Jun. 5, 2019
Modification: People v. Warner
Trial court did not err in finding that there was sufficient evidence to show that defendant intended to kill under 'kill zone' theory and to so instruct the jury.
Criminal Law and Procedure 3DCA Jun. 5, 2019
Wheeler v. U.S.
Order
USSC Jun. 4, 2019
Allen v. Cooper
Order
USSC Jun. 4, 2019
Retirement Plans Comm. v. Jander
Order
USSC Jun. 4, 2019
Holguin-Hernandez v. U.S.
Order
USSC Jun. 4, 2019
Mont v. U.S.
Pretrial detention qualifies as 'imprisonment in connection with a conviction' under 18 U.S.C. Section 3624(e) if a subsequent sentence credits that detention as time served, tolling defendant's supervised release term.
Criminal Law and Procedure USSC Jun. 4, 2019
Fort Bend County, Texas v. Davis
Title VII's charge-filing requirement is a processing rule, albeit a mandatory one, not a jurisdictional prescription delineating the adjudicatory authority of courts.
Employment Law USSC Jun. 4, 2019
Taggart v. Lorenzen
Creditor may be held in civil contempt for violating a discharge order based on an objectively unreasonable belief that the order did not bar creditor's conduct.
Bankruptcy USSC Jun. 4, 2019
Azar v. Allina Health Services
Because government has not identified lawful excuse for neglecting statutory notice-and-comment obligations, its policy that dramatically reduced payments to hospitals serving low-income patients was vacated.
Health Care USSC Jun. 4, 2019
Longview International Inc. v. Stirling
Recording of abstract of judgment while corporation was suspended is a procedural matter which was retroactively validated when its corporate powers were restored.
Real Property 6DCA Jun. 4, 2019
People v. Osotonu
Defendant who bombed an ATM entered an area objectively off-limits to the public with intent to steal therefrom; thus, he could not have his burglary conviction recast as misdemeanor shoplifting.
Criminal Law and Procedure 1DCA/4 Jun. 4, 2019
People v. Valenzuela
Reduction of defendant's grand theft conviction to misdemeanor through Proposition 47 established absence of essential element of street terrorism offense -- felonious criminal conduct; thus, street terrorism conviction was dismissed.
Criminal Law and Procedure CASC Jun. 4, 2019
In re Cook
Defendant entitled to a hearing under Penal Code Sections 3051 and 4801 may seek a 'People v. Franklin' proceeding despite defendant's sentence being otherwise final.
Criminal Law and Procedure CASC Jun. 4, 2019
U.S. v. Knotek
18 U.S.C. Section 3196 did not unconstitutionally amend the extradition treaty between the Czech Republic and the United States, and attempted extortion was an extraditable offense.
International Law 9th Jun. 4, 2019
Center for Biological Diversity v. USFS
Plaintiffs established injury in fact, causation, and that a ruling in their favor would require defendant to mitigate particular the harms alleged, thus presenting a justiciable dispute.
Civil Procedure 9th Jun. 3, 2019
People v. Gentile
Senate Bill No. 1437 did not eliminate all murder liability based on the natural and probable consequences theory of accomplice liability. 'People v. Chiu' provided for second degree murder punishment in such circumstances.
Criminal Law and Procedure 4DCA/2 Jun. 3, 2019
Stokes v. Baker
Health and Safety Code Section 1799.110(c)'s legislative purpose did not bear on causation inquiries, so requiring experts offering medical testimony on such matters to have recent emergency room experience was improper.
statutory_interpretation 2DCA/3 Jun. 3, 2019
People v. Fryhaat
The trial court erred in summarily denying defendants' motion to vacate his conviction without a hearing, without his presence and without appointed counsel in violation of section 1473.7.
Criminal Law and Procedure 4DCA/2 Jun. 3, 2019
Greisen v. Hanken
In his First Amendment retaliation case, the district court properly determined plaintiff spoke as a private citizen and not a public employee.
Constitutional Law 9th Jun. 3, 2019
Arizona Libertarian Party v. Hobbs
Arizona state law signature requirements are reasonable restrictions that impose a modest burden on the Libertarian Party's right to free association; thus, the judgment is affirmed.
Constitutional Law 9th Jun. 3, 2019
People v. Franks
In order for a Sixth Amendment violation to lie, a defendant must make his intention to maintain his innocence as a defense strategy clear to his counsel.
Criminal Law and Procedure 3DCA May 31, 2019
Levinson Arshonsky & Kurtz LLP v. Kim
Code of Civil Procedure Section 1294(a) did not apply to mandatory fee arbitration under the Mandatory Fee Arbitration Act, so appellant's appeal was not authorized by statute.
Arbitration 2DCA/1 May 31, 2019
Bennett v. Rancho California Water Dist.
Collateral estoppel does not apply when a party obtains a favorable finding based on a lesser burden of proof in a prior proceeding than the party would bear in the subsequent proceeding.
Civil Procedure 4DCA/3 May 31, 2019