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People v. Stutelberg
Because a box cutter is not an 'inherently deadly weapon' as a matter of law, inclusion of such language in jury instruction was prejudicial error where defendant merely swung at victim. 		Criminal Law and Procedure 4DCA/1 Nov. 26, 2018
S.Y. v. Superior Court
Abuse of discretion to rely on English fluency when deeming past domestic abuser rebutted presumption that granting him custody would be to child's detriment; but, overall, factors support such a finding. 		Family Law 4DCA/1 Nov. 26, 2018
Rasooly v. City of Oakley
Conflicting statutory language when determining the proper method for service of process cannot be interpreted in manner that creates an unreasonable and unintended result contrary to the legislative intent. 		Real Property 1DCA/5 Nov. 26, 2018
Modification: Palmieri v. Cal. State Personnel Bd.
Under Government Code Section 19582(a), even when the State Personnel Board authorizes a representative to hold a hearing, the Board maintains the discretion to grant a rehearing without violating due process. 		Government 3DCA Nov. 26, 2018
Warner Bros. Entertainment Inc. v. Superior Court
Where trial court stay allowed for informal discovery and ordered conferral and preparation on certain matters, stay does not pause 'all the proceedings' and five-year prosecution bar is not tolled. 		Civil Procedure 2DCA/8 Nov. 23, 2018
Arista v. County of Riverside
Trial court erred in finding that a county does not owe a duty of care to a rescue victim when its agent undertakes the responsibility of rescue. 		Civil Rights 4DCA/2 Nov. 23, 2018
Roe v. Halbig
Under Code of Civil Procedure Section 1987.2(c), defendant can 'prevail' on a motion to quash or modify a subpoena even if subpoena has been withdrawn prior to judicial determination. 		Civil Procedure 6DCA Nov. 23, 2018
Hart v. Keenan Properties
Foreman's testimony regarding invoices purporting to show defendant supplied asbestos-cement pipes was inadmissible hearsay; wording on invoices were out of court statements offered to prove the truth of the matter asserted. 		Evidence 1DCA/5 Nov. 21, 2018
Foster v. Hellawell
Court of appeals lacks jurisdiction to determine interlocutory appeals based on qualified immunity when challenge is based exclusively on a sufficiency of the evidence argument and not a question of law. 		Civil Rights 9th Nov. 21, 2018
Gordon v. Drape Creative
Where a plaintiff's trademarked phrase is found on a defendant's product a court cannot grant summary judgment for the defendant without determining whether the mark is explicitly misleading. 		Intellectual Property 9th Nov. 21, 2018
Professional Tax Appeal v. Kennedy-Wilson Holdings
Defendants unjustly enriched when plaintiff procured tax refunds for property owner but property was acquired by defendants in foreclosure proceedings before plaintiff was paid its contingency fee. 		Contracts 2DCA/8 Nov. 21, 2018
NAAAOM v. Charter Communications
Under 42 U.S.C. Section 1981, a plaintiff can prevail by demonstrating that discriminatory intent was a factor in a decision. 		Civil Rights 9th Nov. 20, 2018
County of San Diego v. Commission on State Mandates
Technical restatements do not transform existing state mandates into voter-imposed mandates; thus, the Commission erred when it treated Proposition 83 as a basis for terminating the state's obligation to reimburse Counties. 		Government CASC Nov. 20, 2018
In re Marriage of Davila and Mejia
On appeal if an appellant does not cite to legal authority when contending that the trial court has erred the issues are subject to forfeiture. 		Family Law 2DCA/7 Nov. 20, 2018
Lee v. City of Los Angeles
Summary judgment properly granted and no genuine dispute of material fact exists when a city's redrawing of council districts is not based predominately on race. 		Civil Rights 9th Nov. 20, 2018
Rodriguez v. Marin
Order 		9th Nov. 20, 2018
SI, 59 LLC v. Variel Warner Ventures, LLC. et al.
Civil Code section negating general release protection from liability does not apply where elements of sued-over tort include only 'past events.' 		Contracts California Courts of Appeal Nov. 19, 2018
Alcazar v. L.A. Unified School Dist.
The intent of the Code of Civil Procedure Section 222.5 is to ensure that civil trial courts possesses the necessary discretionary authority to control the voir dire process and avoid the preconditioning of jurors 		Civil Procedure 2DCA/1 Nov. 19, 2018
High Sierra Rural Alliance v. County of Plumas
Plumas County's general plan update does not violate the Timberland Act; Government Code Section 51104 suffices to supply the restrictions on residences and structures on timberland production zone parcels. 		Environmental Law California Courts of Appeal Nov. 19, 2018
Hernandez v. Pacific Bell Telephone Co.
Employee is not subject to the employer's control within the definition of 'hours worked' for purposes of compensation while voluntarily using employer provided transportation. 		Employment Law California Courts of Appeal Nov. 19, 2018
Wilde v. City of Dunsmuir et al.
A power to be exercised is legislative in nature if it prescribes a new policy; whereas, it is administrative if it merely pursues a plan already adopted by the legislative body itself. 		Civil Procedure 3DCA Nov. 19, 2018
People v. Caldwell
Evidence supporting defendant's contention that he was not the shotgun shooter who murdered victim was eclipsed by the evidence of his role in the murder; thus, factual innocence motion properly denied. 		Criminal Law and Procedure California Courts of Appeal Nov. 19, 2018
Modification: Lat v. Farmers New World Life Ins. Co.
Under the notice prejudice rule, an insurance company cannot deny an insured's claim under an occurrence policy based on lack of timely notice unless it shows actual prejudice from the delay. 		Insurance 2DCA/1 Nov. 19, 2018
Amended Opinion: Martinez-De Ryan v. Whitaker
The BIA properly denied a petition for cancellation of removal on the ground that petitioner was convicted of a crime of moral turpitude, a term of art that isn't unconstitutionally void under the vagueness doctrine. 		Immigration 9th Nov. 19, 2018
Easley v. City of Riverside
Order 		9th Nov. 19, 2018
Modification: People v. Randolph
Per 'Leahy' and 'Joehnk,' experienced law enforcement officers may present expert testimony as to field sobriety test and its implications. 		Evidence 5DCA Nov. 16, 2018
Huerta v. Kava Holdings, Inc.
Code of Civil Procedure Section 998 does not apply in nonfrivolous Fair Employment Housing Act actions. 		Civil Procedure 2DCA/8 Nov. 16, 2018
Kohler Co. v. Superior Court
Right to Repair Act generally excludes class actions, and narrow exception does not apply where sued-over allegedly defective product was "completely manufactured offsite." 		Consumer Law 2DCA/4 Nov. 16, 2018
Genisman v. Hopkins Carley
For legal malpractice suits: Once a plaintiff has a suspicion of wrongdoing, and therefore an incentive to sue, she must decide whether to file suit or sit on their rights. 		Civil Procedure 6DCA Nov. 16, 2018
Hyatt v. Office of Management & Budget
Judicial review of petitioner's Administrative Procedure Act claim not barred because Paperwork Reduction Act only precludes review of decision by Office of Management and Budget to approve a collection within an agency rule. 		Administrative Agencies 9th Nov. 16, 2018
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