The Third District Court of Appeal held that a renewed LPS conservatorship begins on the date the court issues its reappointment order, not retroactively on the day after the prior conservatorship expired.
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.
The Ninth Circuit affirmed a sentencing enhancement for maintaining a drug distribution premises, holding that a defendant’s apartment can qualify even when it also serves as his primary residence.
The Ninth Circuit held that courts may not include departures when calculating the amended guideline range in sentence reduction proceedings under 18 U.S.C. § 3582(c)(2), making defendants whose original sentences fell below the amended range ineligible for reductions.
The Fourth Appellate District (Division One) affirmed summary judgment for Uber in a wrongful-death suit, holding that an intoxicated college passenger’s death after she was struck on a freeway interchange roughly four miles from where two Uber drivers had left her was not within the scope of risk c
The Appellate Division held that a surviving spouse who lived in a Santa Monica rent-controlled apartment with the original tenant was an implied at-will tenant protected by the city’s rent control charter, and that Costa-Hawkins did not preempt those local protections.
The Ninth Circuit affirmed a defense verdict in a Federal Tort Claims Act suit alleging VA doctors were negligent in prescribing gabapentin to a combat veteran with PTSD who subsequently committed suicide, finding no clear error in the district court’s credibility and standard-of-care determin
The California Supreme Court unanimously held that defendants who accepted upper term sentences as part of a plea bargain may seek retroactive benefit of SB 567’s amendments to Penal Code section 1170(b), but the remedy is a remand for the defendant to waive, renegotiate, or withdraw the plea—not an
The Third District Court of Appeal granted a writ of mandate ordering dismissal of a misdemeanor DUI case after the trial court’s policy of not empaneling juries on Mondays prevented the defendant from being brought to trial on the last statutory day under Penal Code section 1382.
The Ninth Circuit affirmed summary judgment for an insurer, holding that unambiguous lending exclusions in a professional liability policy barred coverage for a California bank’s defense and settlement costs arising from Ponzi scheme litigation.