1st District Court of Appeal, Criminal Law, Family Law
Author: automatic
4th District Court of Appeal, Estate Planning, Probate and Tax Law, Probate
Moramarco v. Nowakoski — Inability to pay is not a defense to Probate Code section 859 civil penalty for double damages against breaching trustee
6th District Court of Appeal, Constitutional Law, Criminal Law
Armstrong v. Superior Court — Probation department, not court, decides eligibility for young adult deferred entry of judgment under Penal Code section 1000.7
5th District Court of Appeal, Constitutional Law, Criminal Law
In re Bergstrom — Penal Code section 292 validly defines ‘acts of violence’ and ‘great bodily harm’ under California Constitution’s no-bail provision
1st District Court of Appeal, Administrative Law, Constitutional Law
Independent Office of Law Enforcement Review v. Sonoma County Sheriff — County sheriff oversight entities have subpoena power for whistleblower investigations under Government Code section 25303.7
1st District Court of Appeal, Environmental Law, Litigation
Bair v. California Department of Transportation — Discharge of CEQA writ ends Richardson Grove highway dispute under res judicata
1st District Court of Appeal, Litigation, Real Estate Law
Guinnane Construction v. Chess — Tort of another doctrine does not allow recovery of attorney fees incurred in the tort action itself
3rd District Court of Appeal, Environmental Law, Real Estate Law
Department of Water Resources Cases — DWR may use precondemnation entry statutes to investigate properties without first authorizing or funding the underlying water project
4th District Court of Appeal, Family Law
Steven N. v. Priscilla C. — Voluntary declaration of parentage is void where birth mother had attempted marriage to another man at the time of the child’s birth
4th District Court of Appeal, Criminal Law, Immigration
People v. Avena — Section 1473.7 motion granted because counsel did not negotiate immigration-safe plea after intervening change in law
4th District Court of Appeal, Constitutional Law, Criminal Law
In re E.J. — Penal Code section 29820 firearm prohibition for juvenile offenders is facially constitutional under Bruen framework
1st District Court of Appeal, Administrative Law, Litigation
Cleare v. Superior Court (West Contra Costa Unified School District) — School district must exhaust statutory teacher hiring procedures before invoking impossibility defense
2nd District Court of Appeal, Litigation, Real Estate Law
Aerni v. RR San Dimas — Civil Code section 1940.1 ‘residential hotel’ showing does not require individualized proof that each plaintiff used the hotel as primary residence
5th District Court of Appeal, Criminal Law
People v. Chang — Mere presence of peace officer is not the ‘objective correlate’ required for imperfect self-defense instruction in delusion case
1st District Court of Appeal, Administrative Law, Criminal Law
Chi v. Department of Motor Vehicles — Post-California DUI Lawyers DMV hearing structure satisfies due process; ordinary judicial questioning is not advocacy
3rd District Court of Appeal, Labor & Employment Law, Litigation
Pechkis v. Trustees of California State University — Anti-SLAPP fails where retaliation claims do not arise exclusively from protected investigatory activity
4th District Court of Appeal, Civil Procedure, Litigation
O’Leary v. Jones — Dismissal of arbitration confirmation petition for lack of personal jurisdiction did not make defendant the prevailing party on the contract for fees
4th District Court of Appeal, Labor & Employment Law, Litigation
Guardian Storage Centers v. Simpson — State Fund rule applies when attorney receives privileged emails that ex-employee improperly took from former employer
2nd District Court of Appeal, Criminal Law
People v. Tzul — Murder convictions reversed because trial court erroneously excluded handwritten ‘rage note’ relevant to provocation defense
5th District Court of Appeal, Administrative Law, Constitutional Law
City of Fresno v. Superior Court — ‘Great bodily injury’ in Penal Code section 832.7 means significant or substantial physical injury, not the narrower ‘serious bodily injury’ standard
2nd District Court of Appeal, Criminal Law
People v. Taft — Trial court retains jurisdiction under Penal Code section 1237.1 to correct presentence custody credit errors during pending appeal
3rd District Court of Appeal, Administrative Law, Real Estate Law
County of Sacramento v. NKS Real Estate Holdings — Building accessory dwelling unit without a permit is a per se public nuisance enforceable by the county
4th District Court of Appeal, Insurance Law, Litigation
City of Riverside v. RLI Insurance Co. — Royal Globe joinder rule does not bar additional insured from suing both insurer and the named insured contractor in same action
4th District Court of Appeal, Criminal Law
People v. Perez — Police cannot order a person out of a home without a warrant or probable cause; in-home detention rule extends to officers standing outside
Appellate Division (Superior Court), Civil Procedure, Real Estate Law