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Name Category Published
Towers v. Iger
Speculative or conclusory allegations are insufficient to satisfy the demand futility requirement in a shareholder derivative suit; thus, district court's order granting defendants' motion to dismiss affirmed. 		Civil Procedure 9th Dec. 27, 2018
Freedom From Religion Foundation v. Chino Valley Unified School District
Order 		9th Dec. 27, 2018
Howard v. Goldbloom
Arbitration is not proper when a dispute is based on obligations independent and outside the scope of an employment relationship; thus, parties' dispute not subject to arbitration. 		Arbitration 1DCA/4 Dec. 26, 2018
People v. Hamilton
Appellant's convictions under Insurance Code Section 1871.4(a)(1) not supported by substantial evidence because that statute covers California workers' compensation laws, not federal employees of U.S. Postal Service. 		Insurance 4DCA/1 Dec. 26, 2018
Estate of Stockird
Statutory interpretation of the definition of a 'transferee' under the probate code, for purposes of a failed distribution, is not limited to blood relatives. 		probate_and_trusts 1DCA/1 Dec. 24, 2018
In re A.A.
Probation condition preventing juvenile ward from posting flaunting social media content about his battery offense and subsequent court proceedings is permissible. 		Juveniles 2DCA/6 Dec. 24, 2018
Modification: People v. Garcia
Trial court erred in resentencing a defendant from a juvenile de facto life imprisonment conviction without first remanding the case to a juvenile court for a fitness hearing determination. 		Criminal Law and Procedure 2DCA/6 Dec. 24, 2018
Carrington v. Starbucks Corp.
An aggrieved employee who brings a representative PAGA action 'may seek penalties not only for the Labor Code violation that affected her, but also for different violations that affected other employees.' 		Labor Law 4DCA/1 Dec. 24, 2018
People v. Bendovid
Before individual may be deemed a 'mentally disordered offender,' he must receive 90 days of treatment relating to the diagnosed disorder, in the year prior to parole or release. 		Criminal Law and Procedure 2DCA/6 Dec. 24, 2018
Moreno v. Visser Ranch, Inc.
Because driver was 'on call' and could respond to maintenance calls immediately, jury could reasonably find driver's use of company truck for personal travel after work benefitted employer under respondeat superior. 		Torts 5DCA Dec. 24, 2018
Antelope Valley Groundwater Cases
Party is estopped from disqualifying counsel due to conflicts of interest arising from concurrent representation if the motion is unreasonably delayed and results in prejudice to opposing parties. 		Civil Procedure 5DCA Dec. 24, 2018
SummerHill Winchester LLC v. Campbell Union School Dist.
In order to impose fees on new residential developments a Board must first meet a three factor test under 'Shapell Industries, Inc. v. Governing Board.' 		Government 6DCA Dec. 24, 2018
County of Butte v. Dept. of Water Resources
Plaintiffs cannot challenge the environmental sufficiency of the Oroville Facilities Project in state courts because jurisdiction to review the matter lies with the Federal Energy Regulatory Commission. 		Environmental Law 3DCA Dec. 24, 2018
Associated Chino Teachers v. Chino Valley Unified School Dist.
Records of investigation into high school volleyball coach's 'yelling and belittling' of athletes exempt from disclosure under CPRA, as privacy interests of coach outweigh 'public's minimal interest in the matter.' 		Public Records Act 4DCA/2 Dec. 24, 2018
Sierra Club v. USFWS
U.S. Department of Fish and Wildlife Services and the National Marine Fisheries Service's April 2014 draft jeopardy opinion was pre-decisional and deliberative; thus, exempt from Freedom of Information Act. 		Environmental Law 9th Dec. 24, 2018
U.S. v. Valdez
28 U.S.C. Section 2461(c) authorizes the forfeiture of substitute property because 21 U.S.C. Section 853(p) is one of the Section 853 'procedures' incorporated by reference in Section 2461(c). 		Criminal Law and Procedure 9th Dec. 24, 2018
Sandoval v. City of Santa Rosa
Government's warrantless interference in an individual's possessory interest by impounding a vehicle without justification and done solely for deterrence is an unreasonable seizure in violation of the Fourth Amendment. 		Civil Rights 9th Dec. 24, 2018
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 Dec. 24, 2018
Modification: Dept. of Alcoholic Beverage Control v. ABC Appeals Board
The single beverage condition does not apply to beer or malt beverages that are packaged by the manufacturer to be sold as single units and not as part of a six-pack. 		Administrative Agencies 3DCA Dec. 21, 2018
Modification: 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 Dec. 21, 2018
Hoffman v. Superior Ready Mix Concrete, L.P.
Fees may be awarded under Code of Civil Procedure Section 1021.9 for trespass on agricultural land being cultivated, even where defendant did not damage crops themselves or interfere with agricultural operations. 		Civil Procedure 4DCA/1 Dec. 21, 2018
People v. Gomez
15 years to life for sexual penetration of child 10 years old or younger was constitutional where defendant, a father figure to victim, sexually molested her over the course of years. 		Criminal Law and Procedure 4DCA/3 Dec. 21, 2018
University of Southern California v. Superior Court
University does not maintain a special relationship, for duty of care purposes, with an invitee injured at an off-campus party when it does not maintain possession or control of the property. 		Torts 2DCA/4 Dec. 21, 2018
Bottini v. City of San Diego
Order 		4DCA/1 Dec. 21, 2018
In re G.C.
Order 		6DCA Dec. 21, 2018
National Lawyers Guild, San Francisco Bay Area Chapter v. City of Hayward
Order 		1DCA/3 Dec. 21, 2018
Lane v. Swain
Bureau of Prisons Prohibited Acts Code 203 does not violate a prisoner's First Amendment rights because it is a sufficiently 'close fit' with the government's legitimate interest in preventing criminal conduct by inmates. 		Constitutional Law 9th Dec. 21, 2018
U.S. v. Hernandez-Escobar
District Court did not clearly err when it found that cash in defendant's bedroom was drug proceeds; therefore denial of defendant's father's 21 U.S.C. Section 853 petition was not erroneous. 		Criminal Law and Procedure 9th Dec. 21, 2018
Lane v. Salazar
Bureau of Prisons statute prohibiting the mailing of threatening letters while imprisoned is not unconstitutionally vague and is sufficiently narrow to encompass untruthful threats. 		Constitutional Law 9th Dec. 21, 2018
Easley v. Collection Service of Nevada
Bankruptcy Code Section 362(k) includes awarding attorneys' fees and costs on appeal to a successful debtor, even when a debtor brings the appeal; thus, district court erred. 		Bankruptcy 9th Dec. 21, 2018
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