CA Pub. Decisions

Where trial court ruled that certain claims were subject to compelled arbitration, but arbitrators ruled they were not arbitrable, trial court correctly reconsidered its first ruling and ordered that those claims be heard in the trial court.

Hearsay evidence relied on by a gang expert in forming his opinions is not "testimonial," so admission of the expert's opinion does not violate the Confrontation Clause.

Terms of prominent actor's will and living trust were an issue of widespread public interest, and complaint charging television reporter who interviewed an elderly beneficiary at her retirement home with trespass, intrusion on seclusion, infliction of emotional distress, and other torts arose from conduct by the defendants in furtherance of their right of free speech in connection with that public issue, so anti SLAPP motion should have been granted in absence of showing that plaintiff would likely prevail.

Use of CALCRIM No. 376, instructing jury on possession of recently stolen property as evidence of a crime, does not violate Sixth Amendment right to have each element of the charged offense proved beyond a reasonable doubt or violate Fourteenth Amendment right to due process of law. The instruction does not shift the burden of proof to defendant nor does it permit jury to disregard defense evidence of innocent possession or to draw impermissible inference of guilt without sufficient basis in fact.

A modification decision.

A modification decision.

Where plaintiff prevailed in wrongful death action after defendant's expert was unable to testify due to sudden family emergency, but plaintiff died during pendency of defendant's appeal, and plaintiff's widow and children subsequently sued defendant on basis of same facts, it was inequitable for trial court to preclude defendant from contesting issues that were resolved against it in prior action but might have been resolved in its favor if expert had been available.

An ERISA fiduciary has a claim against a beneficiary who recovers personal injury damages from a third party tortfeasor in federal court, which has exclusive subject matter jurisdiction.

A modification decision.

Parole board may not deny parole based on an immutable factor of parolee's past criminal history when all other considered factors are not supported by evidence.

Parole board may not deny parole based on an immutable factor of parolee's past criminal history when all other considered factors are not supported by evidence.

Parole board may not deny parole based on an immutable factor of parolee's past criminal history when all other considered factors are not supported by evidence.

Parole board may not deny parole based on an immutable factor of parolee's past criminal history when all other considered factors are not supported by evidence.

Parole board may not deny parole based on an immutable factor of parolee's past criminal history when all other considered factors are not supported by evidence.