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Name Category Published
Hubbard v. Coastal Commission
Despite intentional misrepresentations in coastal development permit application, substantial evidence supported the Coastal Commission's determination that complete information would not have changed its ruling on the application. 		Environmental Law 2DCA/4 Aug. 2, 2019
In re C.M.
Family Code Section 3044, which creates a presumption that joint legal custody is not in the child's best interest if domestic violence is present, does not apply to dependency hearings. 		Juveniles 2DCA/5 Aug. 2, 2019
Ranch at the Falls LLC v. O'Neal
Trial court erroneously entered quiet title judgment despite plaintiff's failure to join indispensable parties to the litigation, and plaintiff's express, prescriptive and equitable easement claims failed. 		Real Property 2DCA/8 Aug. 2, 2019
L'Chaim House, Inc. v. Div. of Labor Standards Enforcement
Under Wage Order No. 5, subdivision 11(A) of the California Labor Code, an employer must provide its employees with on-duty meal breaks for at least 30 minutes. 		Employment Law 1DCA/1 Aug. 2, 2019
Cole v. CRST Van Expedited
Order 		9th Aug. 2, 2019
Robles v. Employment Development Dept.
Trial court erred in limiting attorney fees under California's private attorney general statute, to only second phase of litigation because first phase also satisfied the criteria under the statute. 		Civil Procedure 1DCA/4 Aug. 2, 2019
In re A.L.
Juvenile court's comments did not establish clear misapplication of the law necessitating reversal, and the juvenile court applied the correct standard under Penal Code Section 243(b). 		Criminal Law and Procedure 6DCA Aug. 1, 2019
1041 20th Street v. Santa Monica Rent Control Bd.
Rent Control Board was not authorized to exempt residential rental units that were granted removal permits from rent control; thus, trial court erred by applying equitable estoppel. 		Remedies 2DCA/5 Aug. 1, 2019
Modification: Baker-Smith v. Skolnick
An excuse jury instruction under theory of negligence per se is improper unless special circumstances exist; legal error warranted reversal of judgment. 		Torts 2DCA/8 Jul. 31, 2019
In re E.W.
California court was not divested of jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act Section 3422(a)(1) because mother failed to establish all required conditions. 		Family Law 2DCA/8 Jul. 31, 2019
U.S. v. Fabian-Baltazar
Under 'Garza v. Idaho,' attorney provides ineffective assistance by failing to file notice of appeal after client requests to do so, even if client signed appeal waiver; thus, remand was warranted. 		Criminal Law and Procedure 9th Jul. 31, 2019
Wilson v. County of San Joaquin
Government Code Section 850.6(a) did not provide County immunity for City firefighters' alleged negligence since the firefighters were not providing firefighting service during the relevant incident. 		statutory_interpretation 3DCA Jul. 31, 2019
People v. DeJesus
Parolees are not eligible for relief pursuant to Penal Code Section 1473.7 because they are in 'constructive' criminal custody. 		Criminal Law and Procedure 2DCA/3 Jul. 30, 2019
Dickinson v. Cosby
Plaintiff presented sufficient evidence defendant approved or ratified allegedly defamatory statements, the statements were actionable assertions of fact, and were of and concerning her, defeating defendant's anti-SLAPP motion to strike. 		Anti-SLAPP 2DCA/8 Jul. 30, 2019
Davis v. Guam
Where ancestry is 'so closely associated with express racial classification,' use of ancestry-based criteria to limit voter participation in plebiscite violates Fifteenth Amendment. 		Constitutional Law 9th Jul. 30, 2019
Dine Citizens Against Ruining v. Bureau of Indian Affairs
Wholly Navajo Nation-owned corporation shared the Nation's tribal immunity, and dismissal of the action under Federal Rules of Civil Procedure 19 and 12(b)(7) was not improper. 		Civil Procedure 9th Jul. 30, 2019
Noel v. Thrifty Payless, Inc.
Representative plaintiff in class action need not introduce evidence establishing how notice of action will be communicated to individual class members in order to show ascertainable class. 		Civil Procedure CASC Jul. 30, 2019
Winding Creek Solar LLC v. Carla Peterman
California Public Utilities Commission's Renewable Market Adjusting Tariff program violated the Public Utilities Regulatory Policies Act by implementing a cap and impermissible pricing mechanisms, and was thus preempted. 		Utilities 9th Jul. 30, 2019
United States v. Ochoa
Special condition was not unconstitutionally overbroad because it properly abridged defendant's right to free speech in order to effectively address his sexual deviance problem. 		Constitutional Law 9th Jul. 30, 2019
Trump v. Sierra Club
Order 		USSC Jul. 30, 2019
Cleveland Nat. Forest Foundation v. County of San Diego
County Board did not properly consider the connection between residential and agricultural uses as required by Subdivision Map Act Section 66474.4 and the Williamson Act. 		Real Property 4DCA/1 Jul. 29, 2019
People v. Patton
Probationers do not enjoy the same absolute liberty as law-abiding citizens, therefore a condition that permits the warrantless search of a probationer's cell phone is constitutional. 		Criminal Law and Procedure 4DCA/1 Jul. 29, 2019
Valentine v. Plum Healthcare Group, LLC
Defendants did not establish that plaintiff signed arbitration agreements as decedent's agent; thus plaintiff could not bind his children to arbitrate wrongful death claims. 		Arbitration 3DCA Jul. 29, 2019
East Bay Sanctuary Covenant v. Trump
Order 		9th Jul. 29, 2019
Huckey v. City of Temecula
Under the trivial defect doctrine, a defect in a sidewalk is trivial as a matter of law when the defect is slight and creates no risk of serious injury. 		Torts 4DCA/2 Jul. 29, 2019
Nguyen v. Nissan North America
Plaintiff's theory of liability--that defendant's manufacture and concealment of defective clutch system injured class members--was consistent with his proposed recovery based on benefit of the bargain. 		Consumer Law 9th Jul. 29, 2019
Dixon v. Ryan
Arizona Superior Court did not rely on unreasonable determinations of fact in rejecting petitioner's ineffective assistance of counsel claim, and petitioner did not raise good faith doubts about competency in relevant proceedings. 		Civil Rights 9th Jul. 29, 2019
In re J.P.
When a bond exists between a nonparent and a child, the court may provide visitation rights for the nonparent so long as it is in the child's best interest. 		Juveniles 6DCA Jul. 29, 2019
People v. Superior Court (Jones)
Order 		CASC Jul. 26, 2019
Doe v. Occidental College
Student's account of sexual assault by plaintiff, which was substantiated by other witnesses, was sufficient to provide substantial evidence to support adjudicator's finding that plaintiff violated school's sexual misconduct policy. 		Evidence 2DCA/3 Jul. 26, 2019
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