Close

Articles Posted in New Case Law

Updated:

CHP Vehicle Impound Procedures Comply With Due Process

ROBERT MANN, Plaintiff and Respondent, v. STATE OF CALIFORNIA, Defendant and Appellant. (Cal. Ct. App., Oct. 30, 2024, No. B328374) 2024 WL 4834847, review denied (Nov. 20, 2024) Summary: The State of California and the California Highway Patrol (CHP) appeal from a judgment requiring it to revise its vehicle impound…

Updated:

Dismissal of charges for violation of right to speedy trial based on COVID-19 pandemic

Mendoza v. Superior Court of City and County of San Francisco (Cal. Ct. App., June 15, 2024, No. A170135) 2024 WL 3408756, at *1–2 Summary: Mendoza appealed an order denying a motion to dismiss misdemeanor charges against her for violation of the speedy trial statute, Penal Code section 1382. The…

Updated:

Amount that insurer is expected to pay value of future medical care is relevant in determining damages for auto accident

DAVID AUDISH, Plaintiff and Appellant, v. DAVID MACIAS et al., Defendants and Respondents. (Cal. Ct. App., May 21, 2024, No. D081689) 2024 WL 2860272 Summary: Plaintiff Audish appealed a civil judgment after a jury verdict in an automobile collision case. The jury found Audish and defendant David  both operated their…

Updated:

Discretion To Dismiss An Enhancement Does Not Apply To Allow The Court To Strike The Jury’s Premeditation And Deliberation Finding

People v. Serrano (Cal. Ct. App., Mar. 28, 2024, No. A166011) 2024 WL 1320422, at *6–9 Exercise of Discretion Under Section 1385(c) Serrano argued  that the trial court erred by failing to exercise its discretion under section 1385(c) to consider striking the jury’s premeditation and deliberation findings. The People responded…

Updated:

Police Officer Testimony by Telephone at DMV Administrative Hearing is Improper when Driver Objects

Ramirez v. Superior Court of Kern County (Cal. Ct. App., Feb. 9, 2023, No. F082588) 2023 WL 2399712  Summary: A driver petitioned for writ of mandate ordering Department of Motor Vehicles (DMV) to set aside its driver’s license suspension order following his arrest for driving under the influence (DUI). The…

Updated:

Plea accepted without understanding immigration consequences may be vacated

People v. Espinoza (2023) 14 Cal.5th 311 [303 Cal.Rptr.3d 670, 522 P.3d 1074] Summary: After serving sentence, noncitizen filed statutory motion to vacate conviction pursuant to negotiated no-contest plea, because he had not understood immigration consequences of plea. The Superior Court denied the motion. Noncitizen appealed. The Court of Appeal,…

Updated:

Appellate Court Holds Misdemeanor DUI not eligible for Diversion under Penal Code section 1001.95

ALICIA URBIETA ISLAS, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., May 20, 2022, No. H049445) 2022 WL 1597051, at *1–3 Summary: Islas was charged with misdemeanor driving under the influence of alcohol (DUI). (Veh. Code, § 23152, subds.…

Updated:

DMV’s Administrative Hearings to Suspend Licenses after DUI’s Violates Due Process

Plaintiffs and Respondents, v. CALIFORNIA DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants. (Cal. Ct. App., Apr. 15, 2022, No. B305604) 2022 WL 1125370 DMV Administrative Hearings after DUI Arrests and challenge by California DUI Lawyers The Department of Motor Vehicles (DMV) conducts administrative hearings to suspend a driver’s…

Contact Us