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Name Category Published
Gupta v. Trustees of the Cal. State University
Plaintiff in Fair Employment and Housing Act case may present comparative evidence if plaintiff and comparator are similarly situated in all relevant aspects and comparator was treated more favorably. 		Employment Law 1DCA/3 Sep. 30, 2019
P. v. Scarbrough
Under California Penal Code Section 1202.4 law enforcement agencies may not claim restitution costs as a victim if the cost incurred is not directly related to the criminal conviction. 		Criminal Law and Procedure 6DCA Sep. 30, 2019
P. v. Bryant
Prosecutor provided legitimate, nondiscriminatory reasons to exercise peremptory strikes to remove four African-American jurors. 		Criminal Law and Procedure 1DCA/1 Sep. 30, 2019
Liday v. Sim
Respondent was exempt from overtime before 2014; thus, trial court erred in calculating her rate of pay based on formula used to determine payment of overtime wages for nonexempt employees. 		Labor Law 2DCA/3 Sep. 27, 2019
Olivares v. Pineda
Plaintiffs' Civil Code Section 1950.5(b)(1) claim for misuse of a security deposit did not arise from protected activity, and plaintiffs established a probability of success on their remaining claims arising from protected activity. 		Anti-SLAPP 1DCA/3 Sep. 27, 2019
Sparks v. Davis
Order 		USSC Sep. 27, 2019
Ortega v. Superior Court (Contra Costa County)
Probable cause is present under California Penal Code 995 when the facts are such that an ordinary person would have a strong suspicion of guilt of the accused. 		Criminal Law and Procedure 1DCA/5 Sep. 26, 2019
Williams v. Sacramento River Cats Baseball Club, LLC
'Tameny v. Atlantic Richfield Co.' requires an employment relationship for tort duty of care; thus, plaintiff's failure to hire claim in common law tort action failed since he was not defendant's employee. 		Employment Discrimination 3DCA Sep. 26, 2019
Gerawan Farming, Inc. v. Agricultural Labor Relations Bd.
No constitutional right of public access to on-the-record mandatory mediation and conciliation proceedings because there is no history of openness in such proceedings and confidentiality encourages compromise. 		Constitutional Law 5DCA Sep. 26, 2019
Marriage of Goodwin-Mitchell and Mitchell
Judgment of nullity based on fraud under Family Code Section 2210(d) must be reversed because the parties continued to cohabit long after husband's infidelity was discovered. 		Family Law 1DCA/3 Sep. 26, 2019
People ex rel. State Dept. of State Hospitals v. S.M.
If the court provides a Mentally Disordered Offender with discovery through a continuance, the MDO may not claim that his due process rights were violated if he is denied the continuance. 		Civil Procedure 2DCA/6 Sep. 26, 2019
People v. Bermudez
Penal Code Section 16470, defining a dirk or dagger, the concealed possession of which is proscribed by Section 21310, is not unconstitutionally vague. 		Constitutional Law 3DCA Sep. 26, 2019
People v. Francis A.
Because juvenile's brushing of Officer's hand was incidental to his attempt to move away from Officer's hand, juvenile did not act willfully or unlawfully; thus, there was insufficient evidence of battery. 		Juveniles 1DCA/2 Sep. 26, 2019
Hawkins v. City of Los Angeles
Plaintiffs presented prima facie case of whistleblower retaliation and substantial evidence supported jury's finding that City's proffered reasons for termination of plaintiffs were pretextual. 		Employment Law 2DCA/3 Sep. 26, 2019
Modification: People v. Newman
A distance as short as 190 feet satisfies the asportation element of the crime of kidnapping. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
Doe v. Occidental College
Adjudicator reasonably concluded that student was unable to make 'an informed and rational decision to engage in sexual activity' and that appellant, had he been sober, should have known it. 		Evidence 2DCA/7 Sep. 25, 2019
People v. Rodriguez
'Miranda' warnings are not required when suspects give voluntary statements to a person they do not know is a police officer and therefore Fifth Amendment rights are not violated. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
People v. Keo
Local agency's dependency investigator, to whom defendant stated he committed murder and threatened the victim, was not a peace officer or law enforcement agent, so 'Miranda' did not apply. 		Criminal Law and Procedure 2DCA/7 Sep. 25, 2019
Vazquez v. Jan-Pro Franchising Int'l
Order 		9th Sep. 25, 2019
Vazquez v. Jan-Pro Franchising Int'l
Order 		9th Sep. 25, 2019
Modification: People v. Buchanan
Trial courts have discretion to impose concurrent sentences for multiple serious or violent felonies against a single victim if they were committed on the 'same occasion.' 		Criminal Law and Procedure 1DCA/5 Sep. 25, 2019
Gietzen v. Covenant RE Management, Inc.
After foreclosure, limited partner and third party beneficiary general partner lost their rights in lease, including provision limiting liability; thus, judgment was amended to include general partner as judgment debtor. 		Contracts 2DCA/6 Sep. 25, 2019
People v. Hicks
'People v. Duenas' was not good law because the due process strands it addressed did not dictate its rule, and thus it incorrectly interpreted those due process strands. 		Criminal Law and Procedure 2DCA/2 Sep. 25, 2019
People v. Ramirez
Criminal defendants have a right to have a proposed jury instruction provided that pinpoints their defense theory, but the court may refuse incorrect, argumentative, duplicative, or confusing instructions. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
People v. Superior Court (Santa Clara)
Senate Bill 1391 furthered Proposition 57's stated purposes and bolstered its voter-approved repealing of Proposition 21, so it did not unconstitutionally amend either initiative. 		Juveniles 6DCA Sep. 24, 2019
People v. Bay
Missing element of felonious intent in jury instruction for crime of possessing burglary tools was not harmless error; thus, conviction was reversed. 		Criminal Law and Procedure 1DCA/1 Sep. 24, 2019
Southern Cal. Pizza Co., LLC v. Certain Underwriters at Lloyd's London
Disbursements for losses and work-related expenditures fell outside the scope of the parties' wage and hour exclusion under insurance policy; thus, judgment sustaining defendant's demurrer reversed. 		Insurance 4DCA/3 Sep. 24, 2019
In re Alonzo M.
An electronic search condition for a juvenile's probation is appropriate under 'People v. Lent' so long as the condition is related to the future of the juvenile's criminality. 		Juveniles 1DCA/4 Sep. 24, 2019
Cerner Middle East Ltd. v. Belbadi Enterprises
Outcome of instant case could not conceivably be affected by arbitration award arising from dispute concerning contract for development of medical information software; thus, removal to federal court was improper. 		Civil Procedure 9th Sep. 24, 2019
Cerner Middle East Ltd. v. ICapital LLC
Decision of the Court of Appeal of Paris affirming French trial court's confirmation of foreign arbitral tribunal's arbitration award was entitled to comity because it met a minimum standard of reasonableness. 		International Law 9th Sep. 24, 2019
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