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Name Category Published
People v. Craine
Penal Code Section 1001.36 does not apply retroactively to defendants whose cases have progressed past trial, adjudication of guilt, and sentencing.
Criminal Law and Procedure 5DCA May 28, 2019
Dane-Elec Corp. v. Bodokh
Prevailing party in nonpayment of wages action could not recover attorney fees despite the wage claim's overlap with a breach of contract claim for which fees were also incurred.
Civil Procedure 4DCA/3 May 28, 2019
People v. Austin
Parole condition restricting defendant from contacting victim was vague as written, particularly in light of a patent ambiguity in underlying case which was never clarified; thus, order reversed.
Criminal Law and Procedure 4DCA/1 May 28, 2019
People v. Galindo
If parties have already agreed upon a negotiated plea, a defendant must obtain a certificate of probable cause to pursue an appeal challenging a sentence under Senate Bill 1393.
Criminal Law and Procedure 1DCA/1 May 24, 2019
Sass v. Cohen
Order
CASC May 24, 2019
In re Webb
Trial courts possess inherent authority to impose reasonable bail conditions related to public safety on felony defendants who are released on monetary bail.
Criminal Law and Procedure CASC May 24, 2019
People v. Erskine
Evidence of defendant's prior rape and murder convictions were admissible under Evidence Code Section 1108 due to numerous similarities with the highly inflammatory charged crimes.
Criminal Law and Procedure CASC May 24, 2019
People v. Rivera
Defendant specifically intended murder of police officer to benefit and promote gang where officer led investigation into gang, defendant had personally interacted with officer, and bullet matched firearm used in prior gang shooting.
Criminal Law and Procedure CASC May 24, 2019
In Re David Mrdutt and Christina Mrdutt
Chapter 13 debtor's direct payments to creditors under the plan were 'payments under the plan' for Section 1328(a) discharge purposes and Section 1329(a) post-confirmation plan modifications.
Bankruptcy BAP May 23, 2019
Han v. Hallberg
Trust is a 'person' that may associate in a partnership under Uniform Partnership Act; thus, buyout provisions under dentists' partnership agreement not triggered because trust was partner and not dentist, as individual.
probate_and_trusts 2DCA/8 May 23, 2019
Shalabi v. City of Fontana
If minor has 42 U.S.C. Section 1983 cause of action, statute of limitations begins to run on minor's 18th birthday; thus, trial court erred in finding that plaintiff's complaint was time barred.
Civil Procedure 4DCA/2 May 23, 2019
Lorenzo Lopez v. Barr
Notice to Appear did not contain time and place of removal proceedings; thus, Notice to Appear was defective and did not stop time under 8 U.S.C. Section 1229(a).
Immigration 9th May 23, 2019
Board of Trustees Glazing Health v. Chambers
Order
9th May 23, 2019
People v. Astorga-Lider
Deed of trust was a forgery void ab initio because signing fraudulent home loan scheme victims believed the documents were substantially different and had no intention of encumbering the property.
Criminal Law and Procedure 4DCA/1 May 23, 2019
B.H v. Manhattan Beach School District
Department of Children and Family Services not 'noneducational public agency' under Education Code Section 56155; thus, providing financial assistance to special needs child did not absolve School District's responsibility for funding.
Education 2DCA/4 May 22, 2019
Ritzen Group Inc. v. Jackson Masonry Inc.
Order
USSC May 22, 2019
Nevada Dept. of Wildlife v. Smith
Order
USSC May 22, 2019
Taulbee v. EJ Distribution Corp.
Trial court properly declined to give proposed negligence per se instruction with respect to defendant's driving into gore point because that particular violation of Vehicle Code Section 21651 did not proximately cause collision.
Torts 4DCA/3 May 22, 2019
Perez v. City of Roseville
Precedent was not so clear that every reasonable official would understand terminating plaintiff due to her extramarital relationship with a fellow police officer violated her constitutional right to privacy.
Constitutional Law 9th May 22, 2019
People v. Grandberry
Defendant failed to explain or deny incriminating fact that was within his knowledge to address; thus, jury instruction pursuant to CALCRIM No. 361 was not error.
Criminal Law and Procedure 1DCA/1 May 22, 2019
Citizens Oversight v. Vu
The California Public Records Act, through Election Code Sections 15370 and 17301, specifically and clearly protected ballots from public disclosure, so the court was bound by the provisions' plain meaning.
statutory_interpretation 4DCA/1 May 22, 2019
Richard Molina v. The Superior Court of Orange County
A superior court judge cannot mandate another superior court judge to vacate a judgment; thus, the writ of mandamus is denied.
Criminal Law and Procedure 4DCA/3 May 21, 2019
Mission Product Holdings, Inc. v. Tempnology, LLC
Bankruptcy debtor's rejection of an executory contract under Bankruptcy Code Section 365 had the same effect as breach of the contract outside bankruptcy, and rejection did not rescind previously-granted rights.
Bankruptcy USSC May 21, 2019
Modification: People v. Carter
Multiple punishments were justified under Penal Code Section 654 when it was reasonable to find defendant's objective in robbing victim was independent of his objective in murdering him.
Criminal Law and Procedure 4DCA/1 May 21, 2019
Murray v. BEJ Minerals
Order
9th May 21, 2019
People v. Reyes
Trial court abused discretion by excluding as unreliable confession by co-defendant that firearm in question belonged to him, especially when confession had provided support for earlier case against that co-defendant.
Criminal Law and Procedure 1DCA/2 May 21, 2019
Jose Alanniz v. William Barr
Petitioner's parole did not qualify as an 'admission' under 8 U.S.C. Section 1229b(a), and petitioner's conviction within seven years of obtaining lawful permanent resident status made him ineligible for cancellation of removal.
Immigration 9th May 21, 2019
Herrera v. Wyoming
Tribe's hunting rights under Treaty did not expire upon Wyoming's statehood; thus, judgment of state appellate court vacated.
Native American Affairs USSC May 21, 2019
Barber v. CA State Personnel Bd.
Appellant not entitled to increased tax liability recovery under Government Code Section 19584 caused by receiving lump sum of back pay award for improper termination of employment.
Government 4DCA/2 May 21, 2019
Paxton v. Bd. of Admin., CalPERS
Department of Social Services consultant's bonuses were not pensionable because they meant to compensate for additional work outside regular duties, despite completion of the extra work within normal work hours.
Administrative Agencies California Courts of Appeal May 21, 2019