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Name Category Published
Parsons v. Ryan
In order to determine a parties' intent under a contract, a court must look to the plain meaning of the words as viewed in the context of the contract as a whole. 		Contracts 9th Dec. 21, 2018
Case v. State Farm Mutual Automobile Ins. Co., Inc.
Under a bad faith claim, an insurer's denial of or delay in paying benefits gives rise to tort damages only if the insured shows the denial or delay was unreasonable. 		Insurance 2DCA/4 Dec. 20, 2018
Marriage of T.C. and D.C.
When a spousal support order is governed by a Marriage Settlement Agreement, the court must take into account the intent and reasonable expectations of the parties prior to modification. 		Family Law 4DCA/1 Dec. 20, 2018
Cruz v. Nat'l Steel & Shipbuilding
Under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. Section 905(a), a borrowing employer is entitled to the same tort immunity as a conventional employer. 		Maritime Law 9th Dec. 20, 2018
Olivas-Motta v. Whitaker
Case law determining Arizona endangerment constituted crime involving moral turpitude was not a change in law raising retroactivity concerns; thus, Board of Immigration Appeals did not err in dismissing petitioner's appeal. 		Immigration 9th Dec. 20, 2018
City of San Diego v. Superior Court
Trial court errs in disqualifying defendant's counsel based on an egregious violation of attorney-client privilege when the disclosure does not substantially and continuously effect the outcome of the case. 		Evidence 4DCA/1 Dec. 20, 2018
Fresno Superior Court v. PERB
Since courts must project 'impartial' image to public, rule preventing court employees from wearing clothing or accessories supporting union activity is permissible. 		Administrative Agencies 5DCA Dec. 19, 2018
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. 19, 2018
Cox v. Bonni
A court does not have to base the granting of a motion to reconsider a vacated award on new or different evidence when reconsideration is based on its own motion. 		Civil Procedure 2DCA/1 Dec. 19, 2018
Eith v. Ketelhut
Trial court properly deferred to Homeowners' Association Board's discretionary decision that defendants' operation of vineyard did not violate prohibition against business or commercial activity because it did not affect residential character. 		Real Property 2DCA/6 Dec. 19, 2018
People v. Erickson
No abuse of discretion when trial court ordered defendant to pay restitution and returned the stolen property to victim; criminal law does not contemplate a reward for criminal behavior. 		Criminal Law and Procedure 2DCA/6 Dec. 19, 2018
People v. K.P.
Amended Penal Code section granting trial courts discretion to dismiss firearm enhancements at sentencing does not apply to insanity acquittees, who are not sentenced but rather 'admitted' to state hospitals 		Criminal Law and Procedure 4DCA/1 Dec. 19, 2018
Guernsey v. City of Salinas
Evidence Code section 1150(a) does not prohibit admitting a statement that reflects a juror's reasoning processes if the aim of submitting the evidence is to show juror misconduct. 		Evidence 6DCA Dec. 19, 2018
Gassner v. Stasa
A plaintiff may dismiss an action without prejudice any time before the actual commencement of trial. All such dismissals constitute appealable judgments under Code of Civil Procedure Section 904.1(a)(1). 		Civil Procedure 4DCA/2 Dec. 19, 2018
Georgetown Preservation Society v. County of El Dorado
Personal observation on nontechnical issues, such as aesthetics, can constitute substantial evidence when determining whether an environmental impact report is required under the fair argument standard. 		Environmental Law 3DCA Dec. 19, 2018
In re Cody R.
Petitioner's claim that custody was wrongfully withheld from the child's relative was not grounds for habeas corpus petition; habeas corpus may be filed in dependency cases only in limited circumstances. 		Juveniles 4DCA/1 Dec. 19, 2018
Kendrick v. Conduent State and Local Solutions
Golden Gate Bridge may be a national treasure, but the collection of its tolls is a localized issue and thus belongs in state court under Class Action Fairness Act Section 1332. 		Civil Procedure 9th Dec. 18, 2018
State of California v. The Little Sisters of the Poor
Injunction affirmed insofar as it applies to plaintiff states; federal agencies did not have good cause in failing to follow notice and comment rulemaking under the Administrative Procedure Act. 		Administrative Agencies 9th Dec. 18, 2018
Acco Engineered Systems v. Contractors' St. License Bd.
Trial court correctly concludes that the 'willfulness' requirement for a permit violation under the Business and Professions Code is properly interpreted to require only a general intent to violate. 		statutory_interpretation 2DCA/5 Dec. 18, 2018
Modification: Next Century Associates v. Co. of LA
A trial court erred when it upheld an assessment appeal board's decision to preserve the 'existing roll value,' holding that it was 'arbitrary and not supported by substantial evidence' where the value of the subject property had drastically declined during the Great Recession. 		Tax 2DCA/1 Dec. 18, 2018
People v. Tseng
Substantial evidence supported jury's finding that physician acted with a subjective appreciation of the risks involved when she prescribed patients with high doses of controlled substances; thus, murder convictions affirmed. 		Criminal Law and Procedure 2DCA/1 Dec. 18, 2018
Sims v. Kernan
The legislature's delegation of authority to the Department of Corrections and Rehabilitation to develop protocols for implementing death penalty executions is a permissible and constitutional delegation of power. 		Criminal Law and Procedure 1DCA/4 Dec. 18, 2018
Modisette v. Apple Inc.
'Consequences to community' would be 'too great' were court to find Apple owed duty of care to those injured or killed by distracted iPhone users behind the wheel. 		Torts 6DCA Dec. 18, 2018
McCleery v. Allstate Ins. Co.
Order denying class certification affirmed; plaintiffs' trial plan failed to address how they could fairly establish defendants' liability on a classwide basis as to any claim. 		Civil Procedure 2DCA/1 Dec. 18, 2018
Biel v. St. James School
Trial court erred in its determination that a Catholic school teacher is barred by the First Amendments 'ministerial exception' from bringing a disability discrimination claim under the ADA upon termination. 		Employment Discrimination 9th Dec. 18, 2018
Dr. Leevil, LLC v. Westlake Health Care Center
Before serving three-day notice to quit, party obtaining real property under power of sale contained in deed of trust must perfect title. 		Real Property CASC Dec. 18, 2018
Modification: 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 1DCA/3 Dec. 18, 2018
Modification: David L. v. Superior Court
Knowledge alone that a sexual partner lives in California and foreseeability of conception is insufficient to satisfy minimum contacts required to exercise specific personal jurisdiction over a non-resident defendant. 		Civil Procedure 4DCA/1 Dec. 18, 2018
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 Dec. 17, 2018
Marriage of Martindale & Ochoa
Domestic violence prevention restraining orders may be renewed upon the request, without showing any further abuse, provided the issue currently presented is the same as the issue in the prior proceeding. 		Family Law 1DCA/5 Dec. 17, 2018
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