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People v. Superior Court (J.C. Penney Corp., Inc.
Demurrer based on vagueness should not be sustained to complaint that stated a cognizable theory of liability under the statute which clearly applied to some or all of defendants' conduct.
Constitutional Law 2DCA/4 May 8, 2019
Superseding Opinion: WildEarth Guardians v. Provencio
US Forest Service did not abuse discretion when creating off-road motorized vehicle plan that allowed for such vehicles in most of Kaibab National Forest, since other limitations in plans were present.
Environmental Law 9th May 7, 2019
Henderson v. United Student Aid Funds
Order
9th May 7, 2019
Consumer Financial Protection Bureau v. Seila Law
For-cause removal restriction protecting Consumer Financial Protection Bureau's Director does not 'impede the President's ability to perform his constitutional duty' to ensure that the laws are faithfully executed.
Constitutional Law 9th May 7, 2019
FilmOn.com Inc. v. DoubleVerify Inc.
Statements that concerned a matter of public interest, but were only issued privately to paying clients and did not contribute to any public debate, did not qualify for anti-SLAPP protection.
Anti-SLAPP CASC May 7, 2019
Black Sky Capital, LLC v. Cobb
Code of Civil Procedure Section 580d did not preclude creditor holding two deeds of trust on same property from recovering deficiency judgment on junior lien extinguished by nonjudicial foreclosure sale on the senior.
Real Property CASC May 7, 2019
Modification: Taniguchi v. Restoration Homes
Under Civil Code Section 2924c, borrower can cure default of loan and reinstate loan by paying amount of the default, including fees and costs, rather than entire accelerated balance; thus, summary judgment reversed.
Real Property 1DCA/2 May 6, 2019
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 6, 2019
Amended Opinion: Hernandez v. Chappell
Although failure to present mental health evidence to support a diminished capacity defense was ineffective assistance of counsel, ample evidence of defendant's specific intent to rape and kill supported the jury's verdict.
Criminal Law and Procedure 9th May 6, 2019
Bradford v. Davis
California Supreme Court's conclusions regarding admissibility of defendant's post-arrest statements were not contrary to, nor an unreasonable application of, federal law; thus, district court's grant of conditional writ vacating death sentence reversed.
Criminal Law and Procedure 9th May 6, 2019
C.J.L.G. v. Barr
Immigration Judge erred by failing to advise petitioner about his apparent eligibility for Special Immigrant Juvenile status; thus, petition for review of Board of Immigration Appeals' decision was granted.
Immigration 9th May 6, 2019
In Re Boon Global Ltd.
District court erred in summarily concluding that it had jurisdiction over third parties to compel arbitration, but it did not commit clear error; thus, writ of mandamus petition denied.
Civil Procedure 9th May 6, 2019
People v. Fox
Defendants seeking to avoid specific firearm enhancement term while maintaining their plea agreement may seek resentencing under Senate Bill No. 620 only if certificate of probable cause is first obtained.
Criminal Law and Procedure 1DCA/1 May 6, 2019
Conservatorship of B. (O.)
Order
2DCA/6 May 3, 2019
McFadden v. L.A. County Treasurer
Appellant's new argument in her fourth complaint against the City regarding condemnation and demolition of her property was barred by res judicata; thus, appeal was dismissed.
Civil Procedure 2DCA/1 May 3, 2019
Garvin v. Cook Investments NW
Defendant met the requirements of 11 U.S.C Section 1129(a); thus, the bankruptcy court did not err in confirming the seconded amended Chapter 11 plan.
Bankruptcy 9th May 3, 2019
BOKF, NA v. Estes
Defendant's corporate trust department was not within the registered meaning of municipal securities dealer; thus, district court erred in denying defendant's motion for preliminary injunction to enjoin arbitration.
Securities 9th May 3, 2019
Media Rights Technologies v. Microsoft
Claims arising from common nucleus of operative fact with claims in a prior action against the same defendant were barred by claim preclusion, but post-filing copyright infringement claims were not.
Civil Procedure 9th May 3, 2019
Vazquez v. Jan-Pro Franchising Int'l
'Dynamex Operations West Inc. v. Superior Court' applies retroactively; thus, district court's order granting summary judgment to defendant was vacated and matter remanded to apply 'ABC test.'
Employment Discrimination 9th May 3, 2019
U.S. v. Anieze-Smith
Medicare was directly harmed by defendant's conduct in course of her fraudulent scheme; thus, district court's conclusion that defendant was an active participant in entire fraudulent scheme was not clear error.
Criminal Law and Procedure 9th May 3, 2019
People v. Bell
Denial of mistrial motions based on defendant's own courtroom misbehavior have been repeatedly upheld; thus, defendant's murder conviction affirmed.
Criminal Law and Procedure CASC May 3, 2019
People v. Gonzales
After trial court and defense counsel declare doubt regarding defendant's competency, neither defendant nor counsel may withdraw such doubt, and a competency hearing must be held and criminal proceedings suspended.
Criminal Law and Procedure 2DCA/6 May 3, 2019
People v. Morrison
If Welfare & Institutions Code Section 6601(d) evaluators initially disagree on sexually violent predator determination, but agree after peer review, the Department of State Hospitals must request a commitment petition be filed.
Criminal Law and Procedure 2DCA/4 May 2, 2019
Khoury v. Godfrey
Order
9th May 2, 2019
Preap v. Johnson
Order
9th May 2, 2019
Taniguchi v. Restoration Homes
Under Civil Code Section 2924c, borrower can cure default of loan and reinstate loan by paying amount of the default, including fees and costs, rather than entire accelerated balance; thus, summary judgment reversed.
Real Property 1DCA/2 May 2, 2019
People v. Superior Court (Alexander C.)
Senate Bill 1391 is consistent with and furthers the intent of Proposition 57; thus, the district attorney's petition for writ of mandate is denied.
Criminal Law and Procedure 1DCA/4 May 2, 2019
Goldstein v. Cal. Unemployment Ins. Appeals Bd.
California Unemployment Insurance Appeals Board erred in finding disability benefits did not qualify as wages for Unemployment Insurance Code Section 1277(a)'s earnings requirement purposes, but error was not prejudicial here.
Administrative Agencies 6DCA May 2, 2019
People v. Bolding
Prosecution proved that defendant had intent to facilitate criminal activity, through monetary instruments of $5,000 or more in criminally derived funds; thus, tracing commingled proceeds was not required.
Criminal Law and Procedure 4DCA/3 May 2, 2019
People v. Cawkwell
Amendment eliminating eligibility for sex offenders to receive diversion was not ex post facto law; amendment occurred years after defendant committed offenses, thus, he could not have relied on diversion.
Criminal Law and Procedure 4DCA/1 May 2, 2019