Search for: "4th District Court of Appeal"
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27 Dec 2012, 9:30 pm
The Guild failed to win its case in federal district court in 2011 and appealed. [read post]
25 Apr 2010, 6:38 pm
The federal district court reinstated the hearing officer award and that determination was affirmed by the 4th Circuit Court of Appeals. [read post]
29 Jan 2024, 2:19 pm
A district court’s judgment that is “otherwise final remains so despite the taking of an appeal. [read post]
2 Feb 2011, 8:32 am
On January 7, 2011, the Florida Fifth District Court of Appeals released its opinion in State v. [read post]
24 Apr 2013, 3:18 pm
East Bay Regional Park District (4/12/13 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First District Court of Appeal explored the scope and proper application of CEQA’s remedies provision – Public Resources Code § 21168.9 – in the context of an eminent domain action filed before completion of necessary environmental review for the condemning agency’s project. [read post]
11 Jun 2013, 5:00 am
SAI Monrovia B, Inc., ___ Cal.App.4th ___ (Jun. 4, 2013), the Court of Appeal (Second Appellate District, Division One) struck down a no-class-action arbitration clause in a vehicle installment sales contract as "permeated by unconscionability" under Armendariz. [read post]
10 Apr 2010, 10:02 am
On April 9, 2010, the Fourth District Court of Appeal held that the legal principle of “delayed accrual” was applicable to the UCL for purposes of ascertaining the initiation of the four year statute of limitations in Salenga v. [read post]
28 Jun 2016, 3:13 pm
In an order filed June 17, 2016, the Court of Appeal for the Fourth Appellate District (Division 2) modified its opinion filed April 22, and ordered partially published May 20, 2016, in People for Proper Planning v. [read post]
4 Jul 2013, 5:15 am
A sharply divided 4th Circuit Court of Appeals sitting en banc yesterday reversed on procedural grounds a district court opinion that invalidated a Baltimore ordinance requiring limited-service pregnancy centers to post disclaimers. [read post]
13 Jul 2016, 3:26 pm
In the published part of a partially published opinion filed July 11, 2016, the Second Appellate District Court of Appeal held that Public Resources Code § 21168.9 does not authorize an appellate court to issue and supervise compliance with a writ of mandate on direct appeal, but, rather, such a matter must be remitted to the trial court with appropriate directions. [read post]
27 Mar 2017, 5:48 pm
District Judge Theodore D. [read post]
7 Sep 2016, 4:00 am
Superior Court (Knutssen), ___ Cal.App.4th ___ (Sept. 2, 2016), the Court of Appeal (Second Appellate District, Division Five) concluded that the plaintiff's UCL "unlawful" prong claim failed because the underlying, "borrowed" claims (for common-law and statutory misappropriation of name and likeness) failed. [read post]
17 Apr 2017, 12:14 pm
In this case, Clayland Farm Enterprises, LLC appealed the district court’s order dismissing its claims against Talbot County, Maryland, and other defendants for lack of ripeness. [read post]
19 Nov 2014, 3:00 pm
Criminal Procedure Sentence enhancement BOTTOM LINE: Where defendant had previously been convicted of first-degree burglary in California, district court, in sentencing defendant for a crime committed in North Carolina, properly applied a sentence enhancement for defendant’s prior conviction for an aggravated felony. [read post]
21 Jan 2015, 2:58 pm
Constitutional Law Freedom of expression BOTTOM LINE: District court did not err in granting summary judgment to city on claims that a city sign ordinance, which exempted from regulation flags and other governmental and religious emblems, violated the plaintiffs’ constitutional rights; the exemptions indicated no preference for a particular speaker or message and were reasonably ... [read post]
14 Jan 2015, 3:18 pm
Consumer protection Preemption BOTTOM LINE: District court’s dismissal of plaintiff’s state-based tort and fraud claims against manufacturers of bottled water, infant formula, and baby food consumed by plaintiff’s minor daughter was proper because federal law, which provides uniform labeling standards for bottled water, preempted plaintiff’s state-based bottled water claims, and, as to plaintiff’s infant ... [read post]
3 Sep 2014, 3:16 pm
District Court abused its discretion by failing to rigorously analyze whether the administrative burden of identifying class members in the ownership cases would render class proceedings too onerous and by improperly lowering the plaintiffs’ burden of proof to demonstrate the prospective classes’ compliance with ... [read post]
8 Apr 2008, 5:49 pm
This afternoon, the Court of Appeal (Sixth Appellate District) handed down its eagerly-anticipated opinion in County of Santa Clara v. [read post]
15 Mar 2022, 11:15 am
Hobbs, 24 F.4th 965 (Feb. 1, 2022). [read post]
30 Dec 2008, 2:46 pm
Superior Court, ___ Cal.App.4th ___ (Dec. 30, 2008). [read post]
