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People v. Webb
In an assault context, although physical limitations may negate present ability to inflict injury, that was not the case where a one-legged defendant lunged at the victim from a close distance while armed with a knife.
Criminal Law and Procedure 4DCA/1 Apr. 18, 2023
Modification: Boydston v. Padilla
California's 2016 semi-closed presidential primary system survived a constitutional challenge because it minimally burdened unaffiliated voter and furthered the state's interest in orderly voting.
Constitutional Law 4DCA/1 Apr. 18, 2023
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 Apr. 18, 2023
Arciga v. Frauenheim
Order
9th Apr. 18, 2023
Mendoza v. Strickler
Order
9th Apr. 18, 2023
Palmer v. City of Anaheim
Anaheim's 4% general fund transfer fee for its public utility department complied with the voter approval requirements of the California Constitution.
Constitutional Law 4DCA/3 Apr. 18, 2023
Modification: Boydston v. Weber
California's 2016 semi-closed presidential primary system survived a constitutional challenge because it minimally burdened unaffiliated voter and furthered the state's interest in orderly voting.
Constitutional Law 4DCA/1 Apr. 18, 2023
Modification: Environmental Law Foundation v. State Water Resources Control Bd.
State Water Board's adoption of order allowing the anonymization of management practice implementation and data was proper under the rule and commentary of key element four of the Nonpoint Source Policy.
Environmental Law 3DCA Apr. 17, 2023
Pabla v. Superior Court (Dual Arch International)
Setting trial more than 120 days after granting motion for trial setting preference was outside the discretion of the trial court.
Civil Procedure 5DCA Apr. 17, 2023
People v. Saucedo
Opinion
1DCA/5 Apr. 14, 2023
People v. Ramos
Evidence Code Section 352.2, which restricts the admission of certain forms of creative expression, was not retroactively applicable in murder case where defendant's rap videos were admitted.
Criminal Law and Procedure 4DCA/1 Apr. 17, 2023
People v. Saucedo
Error was non-prejudicial where the trial court erred in admitting testimony regarding minor driving offenses committed by defendant to prove he acted with implied malice to commit murder.
Evidence 1DCA/5 Apr. 17, 2023
Gola v. University of San Francisco
Newly enacted Labor Code statute that classified university instructors as professional employees did not apply retroactively to University of San Francisco's prior violations.
Employment Law 1DCA/2 Apr. 17, 2023
Axon Enterprise, Inc. v. FTC
Statutory review schemes authorizing administrative enforcement proceedings do not displace federal district court jurisdiction for claims challenging the constitutionality of the structure or existence of the agency.
Administrative Agencies USSC Apr. 17, 2023
Barron v. Superior Court (People)
Merced District Attorney's third criminal complaint was dismissed under the two-dismissal rule where the second complaint was dismissed pursuant to an enumerated statute.
Criminal Law and Procedure 5DCA Apr. 17, 2023
Mejia Vega v. USCIS
Court was jurisdictionally barred from reviewing Attorney General's discretionary decision to deny noncitizen's request for a waiver of inadmissibility.
Immigration 9th Apr. 17, 2023
Amended Opinion: U.S. v. Michell
Court's plain error was not reversible because there was no reasonable probability that defendant was ignorant that he had been convicted of a crime punishable by longer than a year.
Criminal Law and Procedure 9th Apr. 17, 2023
People v. Oliver
Defendant's petition to resentence his first degree murder conviction was denied since he was a major participant in the robbery that led to the death of a drug dealer.
Criminal Law and Procedure 1DCA/1 Apr. 14, 2023
People v. Meza
A search warrant directing Google to identify individuals based on location history data failed probable cause and particularity requirements, although it still met *Leon* good faith exception and therefore was valid.
Criminal Law and Procedure 2DCA/7 Apr. 14, 2023
People v. Ramos
Opinion
4DCA/1 Apr. 13, 2023
Thompson v. Spitzer
Dismissal of residents' challenge to Orange County DNA collection program was reversed because participants were not informed of how their DNA samples could be used before waiving their privacy rights.
Constitutional Law 4DCA/3 Apr. 13, 2023
In re Damian L.
Juvenile court could continue hearings beyond time limits within which they were required to be held but could not ignore statutory time limits on the provision of family reunification services.
Dependency 5DCA Apr. 13, 2023
In re T.A.
Transfer of minor from juvenile court back to court of criminal jurisdiction was proper where it was not plausible that the juvenile court's decision would have been any different had it applied the newly applicable standard of proof.
Juveniles 4DCA/2 Apr. 13, 2023
In re Robert F.
Under the Indian Child Welfare Act, duty to ask extended family members about child's possible Native American ancestry was not applicable because minor was placed in protective rather than temporary custody.
Dependency 4DCA/2 Apr. 13, 2023
Boydston v. Padilla
California's 2016 semi-closed presidential primary system survived a constitutional challenge because it minimally burdened unaffiliated voter and furthered the state's interest in orderly voting.
Constitutional Law 4DCA/1 Apr. 13, 2023
Modification: Castellanos v. State of California (Protect App-Based Drivers and Services)
Provisions defining what constituted an amendment to an initiative statute were unconstitutional as they intruded on both the Legislature's power as well as the Judiciary's authority to interpret the law.
Constitutional Law 1DCA/4 Apr. 13, 2023
York County v. HP Inc.
Stockholders' securities fraud violation complaint was not barred by statute of limitations when the SEC order that lead to the discovery of the gravamen of the complaint occurred within the two-year timeframe.
Securities 9th Apr. 12, 2023
Madrigal v. Hyundai Motor America
Section 998 Offer to Compromise's mandatory cost-shifting provision applies when the parties enter into a settlement agreement because a less favorable "judgment" includes a dismissal with prejudice.
Civil Procedure 3DCA Apr. 11, 2023
People v. Thai
Requiring continued registration as a sex offender was an abuse of discretion where the prosecution presented no evidence that petitioner was currently a risk to the community.
Criminal Law and Procedure 4DCA/3 Apr. 12, 2023
County of Butte v. Dept. of Water Resources
California's environmental impact report for licensed hydropower facilities was sufficient because whether climate change necessitated project operation changes was too uncertain to evaluate.
Environmental Law 3DCA Apr. 11, 2023