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Gonzales v. California Victim Compensation Bd.
Grant of writ of habeas corpus for insufficient evidence was not the same as a finding of factual innocence for wrongful incarceration compensation purposes.
Criminal Law and Procedure 2DCA/2 Jan. 3, 2024
Amended Opinion: California Restaurant Association v. City of Berkeley
Despite not directly regulating natural gas appliances, ordinance prohibiting installing natural gas infrastructure in new buildings was expressly preempted as regulation on the quantity of gas consumed by covered appliances.
Environmental Law 9th Jan. 3, 2024
Jane Doe v. Webgroup Czech Republic, A.S.
District court had specific personal jurisdiction against foreign pornography website operators who used U.S.-based content delivery network services to improve U.S. user viewing experience.
Civil Procedure 9th Jan. 3, 2024
K & S Staffing Solutions v. The Western Surety Co.
Staffing company hired by subcontractor for state public works contract could not obtain payment from bond posted by contractor as required by mechanics' lien law.
Government 3DCA Jan. 3, 2024
Hamilton v. Green
Descendant's civil challenge to a handwritten trust amendment was time-barred by 120-day statute of limitations because it was "an action to contest the trust."
probate_and_trusts 2DCA/4 Jan. 2, 2024
In re Tony R.
Juvenile ward who had been substantially complying with his rehabilitation plan was not presumptively entitled to a six-month reduction in his baseline term of confinement.
Juveniles 1DCA/2 Jan. 2, 2024
People v. Campbell
Trial court erred in deciding at the prima facie stage that jury's intent to kill findings precluded relief from first-degree murder conviction as a matter of law.
Criminal Law and Procedure 1DCA/2 Jan. 2, 2024
The Pep Boys v. Old Republic Insurance Company
Ambiguous insurance policy language was construed against insurers when extrinsic evidence revealed that insured expected "annual period" to last more than one year.
Insurance 1DCA/4 Jan. 2, 2024
First Amendment Coalition v. Superior Court (Rob Bonta)
Nonconfidential officer-related records subject to disclosure under Penal Code Section 832.7(b) may not be withheld by the Department of Justice under the Government Code, Penal Code, or Unemployment Insurance Code.
Public Records Act 1DCA/3 Jan. 2, 2024
U.S. v. Motley
Warrant obtained using information from a prescription-monitoring program was valid given that defendant had no reasonable expectation of privacy because program was well-established and long-standing.
Evidence 9th Jan. 2, 2024
Paglia & Associates Construction v. Hamilton
Litigation privilege did not extend to defamatory statements posted online because they were merely attempts to communicate with the public and lacked any functional connection to the proceedings.
Anti-SLAPP 2DCA/8 Dec. 29, 2023
Castanares v. Superior Court (City of Chula Vista)
Trial court erred in determining, as a matter of law, that all video footage from police drone program was exempt from Public Records Act requests as "records of investigations."
Public Records Act 4DCA/1 Dec. 29, 2023
U.S. v. Sproat
Judge's instruction to send a deadlocked jury home and return the next morning did not amount to coercion because it did not pressure them to reach a unanimous verdict.
Criminal Law and Procedure 9th Dec. 29, 2023
Alcarez-Rodriguez v. Garland
Board of Immigration Appeals failure to properly evaluate asylum applicant's request to reopen constituted abuse of discretion when application provided documented reasons for missing deadline.
Immigration 9th Dec. 29, 2023
Mayes v. Biden
Order
9th Dec. 29, 2023
Modification: City of Whittier v. Everest National Insurance Company
Insurance Code Section 533 might not bar coverage where city's alleged whistleblower retaliation could be both "willful" and in good faith.
Insurance 2DCA/1 Dec. 28, 2023
U.S. v. Galecki
As defendants failed to establish a personal connection to items seized during a warehouse raid, they lacked standing to assert Fourth Amendment violations.
Criminal Law and Procedure 9th Dec. 28, 2023
Rodriguez-Hernandez v. Garland
Petitioner was not eligible for cancellation of removal because Revised Code of Washington Section 9A.46.020 for misdemeanor harassment was a categorical crime of violence.
Immigration 9th Dec. 28, 2023
Leahy v. Peterson
Detective seeking a second renewal of a civil harassment restraining order against alleged stalker had to show new conduct constituting harassment.
Civil Procedure 4DCA/1 Dec. 27, 2023
People v. McCray
Defendant's appeal from recommitment order was moot where defendant had been subsequently recommitted.
Criminal Law and Procedure 1DCA/4 Dec. 27, 2023
U.S. v. De Leon Guerrero
Convictions for enticement of a minor were not error where there existed a predicate offense for each count that the defendant could have been charged for based on his conduct.
Criminal Law and Procedure 9th Dec. 27, 2023
Cruz v. City of Spokane
Order
9th Dec. 26, 2023
U.S. v. Fortenberry
Venue was improper in California because the essential conduct for the false statement charges was the false statements made in interviews in Nebraska and D.C.
Civil Procedure 9th Dec. 27, 2023
Robinson v. Gutierrez
Free room and board were remuneration, so beneficiary of donative transfer was a care custodian, which gave rise to a presumption the transferring instruments were the result of undue influence.
probate_and_trusts 3DCA Dec. 27, 2023
Modification: People v. Berry-Vierwinden
Defendant's petition for resentencing under Penal Code Section 1172.6 was denied because a direct aider and abettor could not be convicted of lying-in-wait murder on an imputed malice theory.
Criminal Law and Procedure 4DCA/1 Dec. 27, 2023
Doe v. Marysville Joint Unified School District
Under Federal Rules of Civil Procedure 41, second voluntary dismissal in federal court of case involving federal question jurisdiction had claim preclusive effect in third case filed in state court.
Civil Procedure 3DCA Dec. 26, 2023
Greenspan v. County of Los Angeles
Los Angeles County incorrectly calculated value of property after new construction because it did not reduce the value for structures that were removed.
Tax 2DCA/4 Dec. 26, 2023
People v. Olay
Newly amended Penal Code Section 1385(c) did not apply to the Three Strikes law because the Legislature was silent was to whether it did.
Criminal Law and Procedure 1DCA/5 Dec. 26, 2023
San Jose Sharks, LLC v. Superior Court (Factory Mutual Insurace Co.)
Insurance policies' contamination exclusion provisions barred coverage for viral contamination, so National Hockey League and its member teams could not allege covered physical losses to their property resulting from COVID-19.
Insurance 6DCA Dec. 26, 2023
Modification: Center for Biological Diversity v. Public Utilities Com.
The Public Utilities Commission's successor tariff to Public Utilities Code Section 2827.1 bore a reasonable relationship to the statutory purposes and language of the Section.
Administrative Agencies 1DCA/3 Dec. 26, 2023