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Name Category Published
Goncharov v. Uber Technologies, Inc.
A court action is precluded by Public Utilities Code Section 1759 if it hinders the regulatory authority of the Public Utilities Commission.
Utilities 1DCA/1 Jan. 31, 2018
U.S. v. Rodriguez
Conviction for transporting illegal alien for financial gain reversed where erroneous jury instruction misstates definition of reckless disregard.
Immigration 9th Jan. 31, 2018
Modification: People v. Woods
Amendment allowing for sentencing discretion as to previously mandatory firearm enhancement requires remand for defendant sentenced prior to the amendment but whose case is not final.
Criminal Law and Procedure 3DCA Jan. 31, 2018
California Self-Insurers' Security Fund v. Superior Court (Orange)
Petition granted where court must look to whether brief tenure of attorney at plaintiff firm merits disqualification where he previously represented defendants.
Attorneys 4DCA/3 Jan. 30, 2018
SMS Financial v. Cornerstone Tile Co.
Under Section 2941 the holder of an obligation secured by a deed of trust may prove damages against a title company that recorded a release of that obligation.
Torts 1DCA/2 Jan. 30, 2018
Hernandez v. Restoration Hardware, Inc.
Per longstanding precedent, unnamed class member must either timely intervene or move to set aside or vacate trial court judgment in order to secure right to appeal.
Civil Procedure 4DCA/1 Jan. 30, 2018
C.J.L.G. v. Sessions
Minor alien is not entitled to court-appointed, government-funded counsel where minor fails to show that such counsel was necessary to safeguard due process rights.
Immigration 9th Jan. 30, 2018
Solorio-Ruiz v. Sessions
Carjacking under Penal Code Section 215(a) not a crime of violence under Title 8 of U.S. Code.
Immigration 9th Jan. 30, 2018
Eat Right Foods v. Whole Foods
Where trial court resolves disputed point in favor of summary judgment moving party asserting defense of laches, judgment vacated.
Patent Law 9th Jan. 30, 2018
Baker v. Microsoft Corp.
Order
9th Jan. 30, 2018
American Beverage Association v. City and County of San Francisco
Order
9th Jan. 30, 2018
In re Carlos C.
Probation condition is unconstitutionally overbroad where it prohibits minor from using, owning, or possessing any material depicting partial or complete nudity.
Juveniles 1DCA/2 Jan. 29, 2018
Eagle Point Education Association v. Jackson County School District
Public school district policies restricting speech that cannot be reasonably interpreted as speech of the district violate Free Speech Clause where policies fail non-public forum test.
Civil Rights 9th Jan. 29, 2018
Zuniga v. Workers' Compensation Appeals Board
Section 4610.6, which prevents WCAB from disclosing the identity of independent medical review professionals, does not violate due process rights of injured workers.
Workers' Compensation 1DCA/2 Jan. 29, 2018
People v. Woods
Amendment allowing for sentencing discretion as to previously mandatory firearm enhancement requires remand for defendant sentenced prior to the amendment but whose case is not final.
Criminal Law and Procedure 3DCA Jan. 29, 2018
Machavia, Inc. v. County of Los Angeles et al.
A taxpayer seeking a tax refund in superior court must first exhaust all available administrative remedies in a timely manner.
Tax 2DCA/1 Jan. 29, 2018
In re Humphrey
Court must consider financial circumstances of defendant, and potentially effective alternatives to money bail, before setting bail amount.
Criminal Law and Procedure 1DCA/2 Jan. 29, 2018
Becerra v. Superior Court
Attorney General given wide latitude to create circulating title and summary of ballot measure; trial court order disapproving of particular title overturned.
Government 3DCA Jan. 29, 2018
People v. Williams
In considering whether a resentencing petition under Section 1170.126 poses an unreasonable risk of danger, the court must look to when the petitioner would be released if the petition were granted.
Criminal Law and Procedure 3DCA Jan. 29, 2018
San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego
Order
4DCA/1 Jan. 26, 2018
Marriage of Clarke & Akel
A premarital agreement is involuntary, and thus invalid, under Section 1615(c)(2) if an unrepresented party had fewer than seven days to review the agreement before it was executed.
Family Law 1DCA/5 Jan. 26, 2018
Artus v. Gramercy Towers Condominium Association
Declaratory relief properly denied where assertion by plaintiff for relief not actual controversy.
Civil Procedure 1DCA/1 Jan. 26, 2018
Kennedy v. Bremerton School District
Order
9th Jan. 26, 2018
In re Transwest Resort Properties
Section 111(b)(2) does not require a due-on-sale clause in a bankruptcy reorganization plan involving an electing creditor.
Bankruptcy 9th Jan. 26, 2018
Hamamoto v. Ige
Potential repetition exception to mootness inapplicable to controversy of inherently limited duration where plaintiffs fail to show that expedited review of case is unavailable.
Civil Procedure 9th Jan. 26, 2018
Amended Opinion: Leon v. Berryhill
Applicant for disability benefits not entitled to direct award of benefits on review under 'credit-as-true' rule where record leaves doubt as to disability.
Administrative Agencies 9th Jan. 26, 2018
In re D.N.
Where prosecution did not show stolen vehicle was valued over $950 notwithstanding requirements of Prop 47, appellate court overturns trial court discretionary felony finding.
Juveniles 5DCA Jan. 25, 2018
People v. Moore
Voluntary intoxication is not a defense to vandalism charges brought under Penal Code Section 594.
statutory_interpretation 4DCA/1 Jan. 25, 2018
People v. Perez
Conviction stands where defendant fails to establish beyond preponderance of evidence that defendant did not meaningfully understand immigration consequences.
Immigration 4DCA/1 Jan. 25, 2018
Lampe v. Queen of the Valley Medical Center
The community of interest requirement for class action certification is not established if common questions of law or fact do not predominate.
Torts 1DCA/4 Jan. 25, 2018