Second District holds that the seal on a California False Claims Act qui tam complaint lifts automatically after the statutory 60-day period absent a government request for extension, and that any seal violations are not grounds for sustaining a demurrer.
Second District grants habeas petition vacating murder conviction where prosecutor failed to correct false eyewitness testimony about prior police identifications and defense counsel failed to impeach with the witnesses’ actual statements, applying the Supreme Court’s recent Glossip v. O
Second District reverses denial of class certification in a Red Roof Inn 28-day shuffle case, holding that Civil Code section 1940.1 does not require each class member to prove individualized use of the hotel as their primary residence.
Second District reverses first and second degree murder convictions because the trial court abused its discretion in excluding under Evidence Code section 352 a contemporaneous handwritten note relevant to the defendant’s provocation defense.
Second District holds that under Penal Code section 1237.1 a trial court retains jurisdiction during a pending appeal to correct presentence custody credit errors, and modifies the judgment to award two additional days of credit.
Second District holds that a defendant in custody in another county did not willfully fail to appear for sentencing and that uncertified records from a Fresno court were inadmissible to prove a Cruz waiver violation.
Second District affirms denial of an anti-SLAPP motion in a family corporation dispute and reaffirms that orders denying related attorney fee motions are not separately appealable, deepening a split with other appellate divisions.
Second District holds that a parole agent who service retired while under misconduct investigation cannot pursue disability retirement because his departure under unfavorable circumstances foreclosed the possibility of reinstatement.
Second District holds that a hospital’s expired 2004 contract with Kaiser was admissible in a quantum meruit dispute over emergency reimbursement and that prejudgment interest in such actions is 7 percent, not 10 percent.
Second District holds that evidence of prior branch failures from same-species street trees in the same neighborhood is admissible to prove a city’s notice of a dangerous condition under Government Code section 835.