Second District holds that a public employee union did not clearly and unmistakably waive its right to bargain over an outsourcing decision through an MOU clause referring to “reorganization,” reversing dismissal of an unfair practice charge against Los Angeles County.
Second District reverses first and second degree murder convictions where the trial court excluded a handwritten note showing the defendant’s belief that he had discovered his girlfriend in an intimate act with her brother, forcing him to testify to introduce evidence of provocation.
Second District holds that a jury’s not-true findings on personal firearm use and a robbery special circumstance do not collaterally estop a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 hearing, applying People v. Santamaria and joining People v. Hart.
Second District holds that the family law court retains discretion under Family Code sections 2030 and 2032 to consider parties’ relative financial circumstances when fixing attorney’s fees, even where a marital settlement agreement contains a contractual prevailing party fee clause.
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. Oklahoma decision.
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.