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Name Category Published
JMS Air Conditioning etc. v. Santa Monica Community College
Due to limited scope and non-fundamental nature of substitution hearing under Public Contract Code Section 4107, a limited amount of process is required; thus appellant was not deprived of due process. 		Administrative Agencies 2DCA/1 Jan. 7, 2019
Luxor Cabs, Inc. v. Applied Underwriters Captive Risk
An insurer cannot circumvent the comprehensive regulatory structure applicable to the issuance of workers' compensation insurance simply by amending its approved policy forms through a side agreement with a subsidiary. 		Insurance 1DCA/4 Jan. 7, 2019
People v. Chatman
Fact that woman was already plying prostitution trade not bar to conviction of defendant for 'procuring' her 'for the purpose of prostitution.' 		Criminal Law and Procedure 3DCA Jan. 7, 2019
Nisei Farmers League v. California Labor and Workforce Development Agency
For a statute to avoid being deemed unconstitutionally vague, it must contain an adequately discernible standard that possesses a reasonable degree of specificity. Detailed specificity is unnecessary. 		Labor Law 5DCA Jan. 7, 2019
Yu v. Liberty Surplus Ins. Corp.
Damage amount in initial complaint not incorporated by reference into cross-complaint; initial complaint's damage amount of 'Not less than $10 million' was at odds with cross-complaint's damages 'in an amount precisely unknown.' 		Civil Procedure 4DCA/3 Jan. 7, 2019
Caltec AG v. Dept. of Pesticide Regulation
When read together, Food and Agricultural Code Sections 12753 and 14513 precludes any material classified as a 'pesticide' from also being classified as an 'auxiliary soil and plant substance, but not vice versa. 		Environmental Law 5DCA Jan. 4, 2019
Stratton v. Beck
An appellate court's order for parties to bear their own 'costs' during appeal does not include attorney fees, which are therefore recoverable at the trial court level. 		Remedies 2DCA/4 Jan. 4, 2019
Modification: In re E.P.
Penal Code Section 459.5(a)'s definition of 'shoplifting' is not used in its colloquial sense; thus, stealing property from private citizens and from a locker room in commercial establishment could constitute 'shoplifting.' 		Criminal Law and Procedure 4DCA/3 Jan. 4, 2019
Modification: W.M. v. V.A.
Trial court erred when it found it could not exercise its jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act; notice and opportunity to be heard was not given. 		Family Law 2DCA/8 Jan. 4, 2019
Rymel v. Save Mart Supermarkets
Claims that involve rights conferred upon an employee under state law, and do not require a CBA to be interpreted, are not preempted by Labor Management Relations Act Section 301. 		Labor Law 3DCA Jan. 3, 2019
Lief v. Superior Court
Family court erred when it ruled Code of Civil Procedure Section 917.7's 30-day statutory stay commenced with its tentative decision because a tentative decision does not constitute a judgment. 		Civil Procedure 4DCA/1 Jan. 3, 2019
Ibrahim v. DHS
In determining whether the government acted in bad faith, for purposes of attorney fees under the EAJA, the district court must take into consideration the totality of the circumstances. 		Remedies 9th Jan. 3, 2019
Democratic National Committee v. Reagan
Order 		9th Jan. 3, 2019
Modification: People v. Baldwin
Section 667.5(b) states the five-year 'washout' rule applies only where the defendant remained free of both the commission of a crime leading to a felony conviction, and prison custody. 		Criminal Law and Procedure 1DCA/5 Jan. 2, 2019
Modification: People v. Thomas
No reasonable suspicion to detain or patsearch defendant based on general physical description of person 'harassing' customers, in area with significant foot traffic, when officers arrived two-and-a-half hours after incident 		Criminal Law and Procedure 3DCA Jan. 2, 2019
Modification: People v. McClinton
No Equal Protection Clause violation where trial court denies petition for immediate release because a Sexually Violent Predator offender is required to wait one year for said petition 		Constitutional Law 4DCA/3 Jan. 2, 2019
Modification: Donohue v. AMN Services, LLC
Defendant's rounding policy complied with California law because it was fair and neutral and did not result in failure to compensate properly for time actually worked; thus, summary judgment proper. 		Labor Law 4DCA/1 Jan. 2, 2019
San Diego Unified School Dist. v. Yee
To determine whether Code of Civil Procedure Section 341.5 applies, a court must look at the 'substance of the action, rather than the form of the pleading or the labels employed.' 		Civil Procedure 4DCA/1 Dec. 31, 2018
In re Thomas
Determination of the retroactive applicability of new laws, for purposes of state habeas petitions, is restricted to state and not federal standards. 		Criminal Law and Procedure 4DCA/2 Dec. 31, 2018
P. v. Meraz
Under state law after 'People v. Sanchez', gang experts are permitted to testify to non-case-specific general background information; thus, gang expert's background testimony did not violate Confrontation Clause. 		Criminal Law and Procedure 2DCA/8 Dec. 31, 2018
People v. Vasquez
A court may not weigh the evidence or evaluate witness credibility when deciding whether substantial evidence supports an instruction on lesser-included offense after counsel requests that an instruction be given. 		Criminal Law and Procedure 2DCA/3 Dec. 31, 2018
Olive v. General Nutrition Centers, Inc.
Under Civil Code Section 3344, if a verdict is not lopsided in either parties' favor, then the trial court has discretion in determining that neither party prevailed for purposes of awarding attorney fees. 		Civil Procedure 2DCA/4 Dec. 31, 2018
Etcheson v. FCA US LLC
For purposes of Code of Civil Procedure Section 998, trial court erred in basing the reduction of attorney fees and costs on party's refusal to accept an unreasonable or invalid settlement offer. 		Civil Procedure 4DCA/1 Dec. 31, 2018
LL Liquor v. State of Montana
Montana did not impair its contractual obligation to liquor store within the meaning of the Contracts Clause because it did not eliminate store's remedy for breach of contract with the state. 		Civil Rights 9th Dec. 31, 2018
In re J.Y.
Parent does not have standing to raise placement issues on appeal where the parent's reunification services have been terminated; thus, orders of juvenile court affirmed. 		Juveniles 3DCA Dec. 28, 2018
In re B.M.
Because a finding that a 'butter knife' is a deadly weapon requires a defendant to use it in a manner that is both capable of causing and is likely to cause great bodily injury, judgment was reversed. 		Juveniles CASC Dec. 28, 2018
People v. Johnson
Under the unusual circumstances presented, the trial court did not err in excluding defendant from the courtroom for the entirety of his capital trial; thus, judgment of death affirmed. 		Criminal Law and Procedure CASC Dec. 28, 2018
Stevens v. Jiffy Lube Int'l
Federal Rule of Civil Procedure 6(a) governs how to calculate the Federal Arbitration Act's three-month filing deadline; thus, appellants were one day late in filing their petition to vacate the arbitral award. 		Arbitration 9th Dec. 28, 2018
Amended Opinion: Cornejo-Villagrana v. Sessions
Petitioner convicted of domestic violence under Arizona law removable where petitioner's offense requires physical injury, and removal statute requires physical force. 		Immigration 9th Dec. 28, 2018
Wadsworth v. U.S.
Order 		9th Dec. 28, 2018
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