At the Lectern
SEPTEMBER 20, 2021
Lewis (2021) 11 Cal.5th Last week, the Legislature sent to the Governor a bill — SB 775 — that would amend the statute. Lewis (2021) 11 Cal.5th Two months ago , the Supreme Court in People v. The bill says that it “[c]odifies the holdings of People v. Lewis , supra , at pp.
Day on Torts
JANUARY 11, 2022
Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.
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Patently O
JUNE 1, 2021
Any practice by the inventor and applicant for a patent through which he deliberately and without excuse postpones beyond the date of the actual invention, the beginning of the term of his monopoly, and thus puts off the free public enjoyment of the useful invention, is an evasion of the statute and defeats its benevolent aim. Gil Hyatt v.
At the Lectern
MAY 19, 2022
” The dissent asserted the defendant had made a prima facie case of, and was thus entitled to a hearing on, racial discrimination in charging Black defendants with felony-murder special circumstance penalty enhancements in Orange County. Lemcke (2021) 11 Cal.5th The court declined to hear People v. 5th 644.
At the Lectern
OCTOBER 14, 2022
Burgos and limited briefing to: “Does the provision of Penal Code section 1109 governing the bifurcation at trial of gang enhancements from the substantive offense or offenses apply retroactively to cases that are not yet final?” The dissent claimed “section 1109 is not an ameliorative statute. Lewis (2021) 11 Cal.5th
Conflict of Laws
JANUARY 15, 2023
Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4).
Conflict of Laws
JUNE 11, 2023
On 22 October 2021, summary judgment was entered in favour of Wu by an Associate Justice of the Supreme Court: Wu v Yin (Supreme Court of Victoria, Efthrim AsJ, 22 October 2021); see Wu v Yin [2022] VSC 729, [5]. Yin’s evidence raised a prima facie case that he had been denied natural justice in the Chinese proceedings: [91].
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