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Name Category Published
Merck Sharp & Dohme Corp. v. Albrecht
Court of Appeals treated pre-emption question as one of fact, not law, and it did not have an opportunity to consider fully the standards described; thus, judgment vacated and remanded. 		Consumer Law USSC May 21, 2019
People v. Montiel
The plain language and structure of Penal Code Section 1202.4(k)(3) led to conclusion that parents of children who are sexually abused may be awarded restitution for noneconomic losses. 		Criminal Law and Procedure 1DCA/1 May 20, 2019
People v. Jimenez
Defendant's due process rights were violated when trial court imposed terms of 25 years to life based on unpleaded sentencing enhancements, of which defendant was not put on notice. 		Criminal Law and Procedure 6DCA May 20, 2019
People v. Smith
Penal Code Section 1381 does not apply to a probation violation proceeding in which defendant was previously sentenced to a specific term, but execution of that sentence was suspended. 		Criminal Law and Procedure 2DCA/2 May 20, 2019
Colombo v. Kinkle, Rodiger & Spriggs
Res judicata barred vexatious litigant's second request to file the same claims against the same defendants after a determination on the merits was made denying the first request. 		Civil Procedure 4DCA/3 May 20, 2019
In re Robinson
Proposition 66 allows petitions filed before its enactment to be subject to its procedures; thus, the Supreme Court's order to show cause for habeas corpus is discharged. 		Criminal Law and Procedure 2DCA/2 May 20, 2019
Inzana v. Turlock Irrigation Dist. Bd. of Directors
Substantial evidence supported finding that trees planted too close to pipeline easement unreasonably interfered with Irrigation District's rights to ingress and egress; thus, tree removal order was proper. 		Water Rights 5DCA May 20, 2019
Modification: In re McGhee
Proposition 57 mandates parole consideration after inmates serve full term of primary offense; 'two-tiered' system disqualifying certain otherwise eligible-inmates does not comport with the proposition. 		Criminal Law and Procedure 1DCA/4 May 20, 2019
Mazik v. GEICO General Insurance Co.
Insurance company's regional liability administrator who had authority over the settlement of claims fit the definition of 'managing agent' involved in any act of bad faith under Civil Code Section 3294(b). 		Insurance 2DCA/2 May 20, 2019
Martinez-Cedillo v. Barr
Order 		9th May 20, 2019
Lambert v. Tesla
Under the reasoning of 'EEOC v. Luce, Forward, Hamilton & Scripps' addressing the arbitrability of Title VII claims, Section 1981 claims are also arbitrable. 		Arbitration 9th May 20, 2019
In re Marriage of George & Deamon
The family court did not err in awarding sanctions based on declaration and documentary evidence alone; thus, the order is affirmed. 		Family Law 4DCA/1 May 20, 2019
In re Marriage of Kent
At the time it ruled, family court lacked jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act to modify North Carolina order; thus, family court's order reversed. 		Family Law 4DCA/1 May 20, 2019
County L.A. Dept. Pub. Social Svcs. v. Civil Svc. Com. L.A. County
County Civil Service Commission lacked jurisdiction over appellant's appeal that did not concern discrimination, discharge, or reduction, as required by Los Angeles County Charter Sections 35(4) and 35(6). 		Government 2DCA/2 May 17, 2019
U.S. v. Singh
The federal government's plenary power under the Constitution provided Congress with power to prohibit foreign nationals from donating and contributing to state and local elections under the Federal Election Campaign Act. 		Criminal Law and Procedure 9th May 17, 2019
Garcia v. U.S.
Defendant failed to meet the constitutional requirement in 28 U.S.C Section 2255(h)(2); thus, the denial of his application for authorization to file a second or successive petition was affirmed. 		Criminal Law and Procedure 9th May 17, 2019
People v. Dalton
Although trial court erred in imposing death sentence based upon conspiracy conviction because conspiracy to commit murder does not render a defendant death eligible, substantial evidence supported defendant's conviction for first-degree murder. 		Criminal Law and Procedure CASC May 17, 2019
Gadlin (Gregory) on H.C.
Order 		CASC May 17, 2019
Boatworks, LLC v. City of Alameda
Trial court erred in ruling City could not treat certain areas as parks, in order to analyze development impact fees needed to support new development. 		Municipal Law 1DCA/4 May 17, 2019
California Charter Schools Assn. v. City of Huntington Park
Mere inquiries, requests, and meetings are not sufficient to show current and immediate threat to public health, safety and welfare in order to adopt an urgency ordinance under Government Code Section 65858. 		Municipal Law 2DCA/3 May 17, 2019
Modification: SSL Landlord v. County of San Mateo
County Assessment Appeals Board's findings enabled reviewing court to trace and examine the agency's mode of analysis; thus, plaintiff not entitled to attorney fees under Revenue and Taxation Code Section 1611.6. 		Tax 1DCA/3 May 17, 2019
Gomes v. Mendocino City Community Services Dist.
Ordinance requiring property owners to obtain groundwater extraction permit was void because it was not adopted pursuant to notice, hearing and protest procedures under Water Code Sections 10703-10706. 		Water Rights 1DCA/4 May 16, 2019
Sands v. Walnut Gardens Condominium Assn.
Reasonable jurors could have concluded homeowners association breached covenants, conditions, and restrictions by failing to keep property unit in first class condition; thus, trial court erred in granting nonsuit judgment. 		Contracts 2DCA/8 May 15, 2019
Global Financial Distributors v. Superior Court
Trial court erroneously ruled defendants' forum non conveniens motion was untimely solely because it was filed after defendants made a general appearance. 		Civil Procedure 2DCA/7 May 15, 2019
Modification: People v. Salcido
The Immigration Consultant Act was not preempted by Department of Homeland Security regulations 8 C.F.R. Sections 1.1, 1.2, and 292.1 (2018) as to defendant. 		Immigration 4DCA/2 May 15, 2019
U.S. v. Audette
Defendant who deliberated with counsel before stating he wished to proceed pro se and disagreed solely about the means of achieving objectives, knowingly, and intelligently waived assistance of counsel. 		Criminal Law and Procedure 9th May 15, 2019
Adamson v. Port of Bellingham
Order 		9th May 15, 2019
Moran v. The Screening Pros
'Connor v. First Student, Inc.'s holding that California's Investigative Consumer Reporting Agencies Act overlaps with Consumer Credit Reporting Agencies Act, foreclosed argument that the statutory scheme was unconstitutionally vague. 		Consumer Law 9th May 15, 2019
County of Orange v. Seneca Insurance Co.
The trial court did not err in concluding appellant may not act as a surety on bail since the defendant failed to appear and the bail bond remained unpaid thereafter. 		Criminal Law and Procedure 4DCA/3 May 15, 2019
People v. Zamora
Defendant was entitled to remand for the trial court to exercise its newly-granted discretion whether to strike firearm and serious felony enhancements under Senate Bills No. 620 and 1393. 		Criminal Law and Procedure 4DCA/2 May 15, 2019
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