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Hedwall v. PCMV, LLC
Second amended cross-complaint filed without court leave is properly stricken under Code of Civil Procedure Section 472(a) where section's provision allowing amendment to pleading without leave applies only to original cross-complaint and complaint.
statutory_interpretation 2DCA/4 Apr. 23, 2018
U.S. v. Microsoft Corp.
Amendment to Stored Communications Act renders moot dispute over extraterritorial reach of U.S. Government via search warrant for electronically stored data.
statutory_interpretation USSC Apr. 18, 2018
Riske v. Superior Court
Evidence Section 1045(b)(1)'s disclosure bar applies only to complaints and does not apply broadly to all information related to complaints.
statutory_interpretation 2DCA/7 Apr. 18, 2018
People v. Tom
Convictions for violating Penal Code Section 597 (a) and (b) that are based on same act reversed where conviction under subsection (a) for specific conduct precludes conviction under subsection (b) for same conduct.
statutory_interpretation 3DCA Apr. 17, 2018
Ochoa v. County of Kern
A criminal investigation, even if it was intermittently started and stopped, allows for tolling or extension of the one-year limitations period under POBRA.
statutory_interpretation 5DCA Apr. 16, 2018
City and County of San Francisco v. Post
Fair Employment and Housing Act does not preempt a local housing ordinance to the extent the local ordinance outlaws discrimination based on a tenant's participation in the Section 8 rental subsidy program.
statutory_interpretation 1DCA/2 Apr. 13, 2018
Modification: 1901 First Street Owner v. Tustin Unified School District
Lower court did not err in ruling that assessable space - for purposes of calculating school impact fees imposed on a developer - is meant to include footage outside individual apartments, such as common areas, like fitness centers and interior hallways.
statutory_interpretation 4DCA/3 Apr. 6, 2018
Encino Motorcars, LLC v. Navarro
Fair Labor Standards Act overtime-pay exemptions should not be construed narrowly; automobile service advisors covered by exemption that applies to 'salesman...primarily engaged in servicing automobiles.'
statutory_interpretation USSC Apr. 3, 2018
1901 First Street Owner v. Tustin Unified School District
Lower court did not err in ruling that assessable space - for purposes of calculating school impact fees imposed on a developer - is meant to include footage outside individual apartments, such as common areas, like fitness centers and interior hallways.
statutory_interpretation 4DCA/3 Apr. 2, 2018
Walt Disney Parks & Resorts U.S., Inc. v. Superior Court
Petition for writ of mandate granted where court does not adhere to principles of statutory construction in construing statutory provisions.
statutory_interpretation 2DCA/7 Mar. 28, 2018
McGlynn v. State of California
Judges did not obtain vested right in retirement plan that was in effect at the time they were elected, but instead did so the date they took office.
statutory_interpretation 1DCA/1 Mar. 23, 2018
Austin v. Medicis
Statute of limitations period not tolled under civil code of procedure section 340.6(a)(4) where plaintiff serving pretrial custody in county jail is not 'imprisoned on a criminal charge.'
statutory_interpretation 2DCA/3 Mar. 23, 2018
Cyan, Inc. v. Beaver County Employees Retirement Fund
Securities Litigation Uniform Standards Act of 1998 does not strip state courts of their jurisdiction over class actions claiming only 1933 Act violations.
statutory_interpretation USSC Mar. 21, 2018
Big Oak Flat-Groveland Unified School District v. Superior Court of Tuolumne
Petition granted where Government Code Section 935 allows local entity to implement its own government claim presentation requirement for claims that are exempted by presentation requirements in Section 905(m).
statutory_interpretation 5DCA Mar. 19, 2018
Saheli v. White Memorial Medical Center
Arbitration agreement exception for sections 'not arbitrable' under state law does not prevent arbitration where state law is preempted by FAA.
statutory_interpretation 2DCA/8 Mar. 16, 2018
Davidson v. Seterus, Inc.
Order sustaining demurrer reversed and remanded where mortgage servicers and lenders are debt collectors under the Rosenthal Fair Debt Collection Practices Act.
statutory_interpretation 4DCA/1 Mar. 15, 2018
Olympic Forest Coalition v. Coast Seafoods
Pollutants discharged from non-concentrated aquatic animal production facilities through pipes, ditches, and channels are point sources requiring permit under Clean Water Act.
statutory_interpretation 9th Mar. 12, 2018
Munro v. Deptartment of Motor Vehicles
Arresting officer must at least ‘attempt’ to provide disruptive, drunk arrestee with requisite warning that driver’s license will be suspended if driver refuses chemical testing.
statutory_interpretation 6DCA Mar. 9, 2018
DD Hair Lounge v. State Farm General Insurance Co.
2016 amendment to Corporations Code Section 17707.06 allowing LLCs to retain power over actions relating to discharge obligations upon certificate of cancellation applies retroactively to 2014 certificate.
statutory_interpretation 2DCA/8 Mar. 6, 2018
Lusnak v. Bank of America
Dodd-Frank provision providing for 'applicable state laws' requiring escrow account interest be paid indicates that state law so requiring is not preempted.
statutory_interpretation 9th Mar. 5, 2018
Federal Trade Commission v. AT&T Mobility
Section 5 of Federal Trade Commission Act’s common-carrier exemption applies only to common carrier’s common-carrier services where exemption is subject to activity-based interpretation.
statutory_interpretation 9th Feb. 27, 2018
G.W. Palmer & Co. v. AgriCap Financial
A threshold true sale test must be applied to determine whether transferred agricultural assets remain in trust under PACA
statutory_interpretation 9th Feb. 23, 2018
Rubin v. Islamic Republic of Iran
Under Foreign Sovereign Immunities Act, parties cannot attach sovereign property to satisfy a judgment against a foreign state unless immunity is rescinded under the section.
statutory_interpretation USSC Feb. 22, 2018
People v. Henderson
Court not precluded from ordering restitution for residential security system expenses in the absence of a violent felony under Section 1202.4(f)(3)
statutory_interpretation 3DCA Feb. 15, 2018
Doe v. Becerra
Where multiple interpretations of statutory exception for relic gun collectors exist, state must go through normal rulemaking procedure in announcing policy based on statute.
statutory_interpretation 3DCA Feb. 12, 2018
People v. International Fidelity Insurance Co.
A trial court does not have jurisdiction to declare a bail bond forfeiture until after the date and time the defendant was lawfully required to appear.
statutory_interpretation 1DCA/2 Feb. 12, 2018
Solus Industrial Innovations, LLC v. Superior Court
Claims brought under state unfair competition law and fair advertising law not preempted by federal OSHA where state submitted plan for occupational safety and health and it was federally approved.
statutory_interpretation 4DCA/3 Feb. 9, 2018
Marina Pacifica Homeowners Association v. Southern California Financial Corp.
A defendant is not a prevailing party as a matter of law under Section 1717 if the court did not render a simple, unqualified decision on a contract claim in the favor of defendant.
statutory_interpretation 2DCA/8 Feb. 7, 2018
Wells v. Union Pacific Railroad Co.
Pre-1871 Congressional Acts granting companies the rights of way through public lands to build railroads conveyed a fee simple defeasible interest in that land.
statutory_interpretation 9th Feb. 7, 2018
Brown v. Superior Court (Fresno)
Statutory immunity from personal liability for a deficiency judgment is a protectable interest permitting joinder under Section 389.
statutory_interpretation 5DCA Feb. 1, 2018