The Fourth District conditionally reverses gang murder convictions, finding the trial court applied the wrong legal standards when denying Racial Justice Act motions and discovery requests based on the prosecution’s introduction of a rap song at trial.
The Fourth District holds that the CPRA’s “promptly available” production standard is a flexible, context-dependent requirement — not a fixed deadline — and sets out a multi-factor test for courts to evaluate agency compliance.
The Fourth District affirms a murder conviction where a suspect’s incriminating statements to a jailhouse undercover agent were admissible despite his prior Miranda invocation, because no known officer stimulated conversation after the invocation.
The Fourth District revives claims against a rival mortgage company that allegedly orchestrated a branch defection scheme, holding that all employees owe a duty of loyalty and that CUTSA does not displace interference or computer fraud claims.
The Fourth District held that a judgment creditor cannot use the spousal exception to levy a third party’s bank accounts without a court order when the marriage supporting the levy was bigamous and void from its inception.
California’s Fourth District holds that check memo-line annotations labeling payments as “loan payment” are not sufficient written acknowledgments to revive a debt already barred by the statute of limitations.
Fourth District holds that a defendant’s appearance through counsel under Penal Code section 977 satisfies the appearance requirement for bail bond exoneration and that the trial court retained jurisdiction to award extradition costs after conditional exoneration.
Fourth District reverses summary judgment for general contractor in $73 million emissions testing equipment dispute, holding that whether the equipment becomes a fixed part of the structure for purposes of the contractor licensing finished products exemption is a question of fact when supported by c
Fourth District grants writ of mandate striking a $25,000 attorney’s fee condition the trial court had imposed sua sponte on the plaintiff’s leave to amend her complaint, holding that Code of Civil Procedure section 473 does not authorize fee awards as conditions of amendment.
Fourth District grants writ of mandate ordering reconsideration of misdemeanor diversion request in vehicular manslaughter case, holding that the trial court abused its discretion by denying diversion based solely on the inherent elements of the charged offense (negligence causing death) without ind