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D.Z. v. Los Angeles Unified School Dist.
Because trial court drew a bright line excluding all evidence of teacher's conduct other than touching, it arbitrarily excluded evidence that was relevant to appellant's claim for negligence against school district.
Evidence 2DCA/4 May 15, 2019
Le Mere v. Los Angeles Unified School Dist.
Appellant's failure to comply with the Government Claims Act barred the cause of action alleging violations of Labor Code Section 1102.5.
Civil Procedure 2DCA/8 May 15, 2019
Franchise Tax Bd. of California v. Hyatt
States retain their sovereign immunity from private suits brought in courts of other States; thus, 'Nevada v. Hall' was overruled, and California Tax Board was immune from respondent's suit in Nevada.
Immunity USSC May 14, 2019
Cochise Consultancy, Inc. v. United States ex rel. Hunt
A relator-initiated, nonintervened suit is subject to the limitation periods in 31 U.S.C. Section 3731(b)(1) and (b)(2).
statutory_interpretation USSC May 14, 2019
Apple, Inc. v. Pepper
Plaintiffs who purchased apps from Apple's App Store were direct purchasers under 'Illinois Brick Co. v. Illinois' and may sue Apple for alleged monopolization of the iPhone app retail market.
Antitrust USSC May 14, 2019
Switzer v. Wood
Jury's specific and unequivocal finding of each factual element necessary to establish a violation of Penal Code Section 496(a) entitled prevailing party to treble damages under Section 496(c).
Civil Procedure 5DCA May 14, 2019
People v. Johnson
A trial court's assessment of defendant's ability to pay restitution and fines includes an assessment of defendant's ability to obtain prison wages; thus, restitution fine was affirmed.
Criminal Law and Procedure 1DCA/4 May 14, 2019
Kayer v. Ryan
There was a reasonable probability defendant's sentence would have been less than death if trial counsel had presented evidence of his mental illness at sentencing; thus, death sentence reversed.
Criminal Law and Procedure 9th May 14, 2019
In re R.G.
Penal Code Section 1170.95 applies to juvenile defendant whose murder allegation was sustained by the juvenile court on a natural and probable consequences theory prior to Senate Bill 1437's enactment.
Juveniles 2DCA/6 May 14, 2019
Modification: People v. Julian
Statistical probabilities go beyond the scope of the child sexual abuse accommodation syndrome theory; thus, the trial court erred in allowing expert witness to testify regarding statistical evidence.
Criminal Law and Procedure 2DCA/6 May 14, 2019
Front Line Motor Cars v. Webb
Section 2982.5 of the Rees-Levering Motor Vehicles Sales and Finance Act allows the sanctioning of dealers who do not intend in good faith to enter into bona fide credit-sales with buyers.
Commercial Law 4DCA/3 May 14, 2019
Prado v. Barr
Although appellant had her conviction, which deemed her removable, reduced to misdemeanor under California's Proposition 64, she remained removable under immigration law because it was reclassified for rehabilitative purposes.
Immigration 9th May 13, 2019
U.S. v. Fultz
Although Supreme Court invalidated 'residual clause' of Armed Career Criminal Act, defendant's robbery conviction qualified as 'crime of violence' under 'elements clause;' thus, he was ineligible for relief.
Criminal Law and Procedure 9th May 13, 2019
U.S. v. Ruvalcaba-Garcia
The district court's failure to make an explicit reliability finding before admitting expert testimony constituted an abuse of discretion; however, the error was harmless.
Criminal Law and Procedure 9th May 13, 2019
U.S. v. Orona
'Voisine v. United States' and 'Fernandez-Ruiz v. Gonzales' were not so irreconcilable that the court was not bound by 'Fernandez-Ruiz', which held Arizona Revised Statute Section 13-1203 was not a violent felony.
Criminal Law and Procedure 9th May 13, 2019
In re H.D.
Although mother failed to communicate with and financially support daughters for over a year while getting clean and sober, she did not intend to abandon them; thus, termination of parental rights reversed.
Family Law 4DCA/2 May 10, 2019
People v. Ramirez
Defendants, who committed crime at age 16 in 2007, were entitled to a juvenile court transfer hearing before resentencing and after remand under Proposition 57 and 'People v. Lara.'
Criminal Law and Procedure 4DCA/3 May 10, 2019
U.S. v. Carpenter
District court did not err in ordering public disclosure of defendant's duress defense in pre-trial offer of proof because right of access presumption can only be overcome by compelling reason.
Criminal Law and Procedure 9th May 10, 2019
Corrinet v. Bardy
Trial court abused discretion by dismissing case for failure to prosecute despite plaintiff's participation in discovery and attestation of readiness to try the case with trial one month away.
Civil Procedure 1DCA/4 May 10, 2019
Mercury Insurance Co. v. Lara
Trial court's ruling that Insurance Companies' 'broker fees' were not premium because they were charged for separate services was barred by collateral estoppel; thus, writ of mandate vacated.
Insurance 4DCA/3 May 10, 2019
Modification: Mercury Insurance Co. v. Lara
Modification
4DCA/3 May 10, 2019
Cohen v. Kabbalah Centre International
Summary adjudication was improper on one of plaintiff's breach of contract claims because alleged details of the oral contract did not conflict with her previous allegations or statements.
Civil Procedure 2DCA/8 May 9, 2019
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 May 9, 2019
Modification: Key v. Tyler
Anti-SLAPP statute applies to petition seeking enforcement of no contest clause, and movant's presentation of an underlying ruling provided sufficient evidence demonstrating probability of success on movant's No Contest Petition.
Anti-SLAPP 2DCA/2 May 9, 2019
In Re Antoinette Michelle Maxwell
Because of the design of the benefits system, State reasonably relied on debtor's benefit applications, which misrepresented her full income, and State had no affirmative duty to investigate truthfulness.
Bankruptcy BAP May 9, 2019
Innovation Law Lab v. McAleenan
Applicants for admission who are placed in regular removal proceedings under Section 1225(b)(2)(A) may be returned to the contiguous territory from which they arrived under Section 1225(b)(2)(C); thus, stay of preliminary injunction granted.
Immigration 9th May 9, 2019
Wojciechowski v. Kohlberg Ventures
Parties in prior bankruptcy proceeding did not intend settlement to extend to subsequent claims; thus, claim preclusion did not bar plaintiff's Worker Adjustment and Retraining Notification Act claim.
Civil Procedure 9th May 9, 2019
COMCAST v. Sacramento Metropolitan Cable Television Commission
Comcast's lawsuit to recover security deposit was barred by 47 U.S.C. Section 555a(a) because it arose from cable regulation, specifically, the cable franchising agreement between Comcast and defendant.
Utilities 9th May 9, 2019
Cedar Point Nursery v. Shiroma
Regulation allowing union organizers access to agricultural employees at employer worksites under specific circumstances did not effect a Fifth Amendment taking; regulation significantly limits organizers' access to plaintiffs' property.
Constitutional Law 9th May 9, 2019
People v. Bates
Because defendant was unaware of victim's prior threatening conduct, such conduct was not relevant to show defendant's state of mind for purposes of self-defense; thus, trial court properly declined defendant's requested instruction.
Criminal Law and Procedure 3DCA May 8, 2019