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Name Category Published
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
C.A. v. C.P.
Trial court properly establishes that child has three parents in rare case where finding otherwise would be detrimental to child. 		Family Law 3DCA Nov. 15, 2018
Modification: Garcia v. Border Transportation Group, LLC
Summary adjudication was improper as to plaintiff's wage order claims; under 'ABC test,' defendants failed to present evidence to show that plaintiff provided services for other entities 'independently.' 		Employment Law 4DCA/1 Nov. 15, 2018
Copenbarger v. Morris Cerullo World Evangelism, Inc.
For invoices to become admissible under the business record exception they must actually be presented at trial in order to lay the proper foundation, otherwise possible double-hearsay issues may exist. 		Remedies 4DCA/3 Nov. 15, 2018
PDR Network v. Carlton & Harris Chiropractic
Order 		USSC Nov. 14, 2018
J.E.F.M. v. Whitaker
Order 		9th Nov. 14, 2018
Tricarichi v. Commissioner of Internal Revenue
Tax court properly ordered that petitioner was liable for pre-notice interest because the value of assets transferred was more than transferor's federal tax liability, thus federal Internal Revenue Code controlled. 		Tax 9th Nov. 14, 2018
People v. Acosta
If a single count or case is dismissed, prison term enhancements remain available for sentencing purposes because they are imposed on the aggregate sentence and not to a particular count or case. 		Criminal Law and Procedure 2DCA/6 Nov. 14, 2018
VA House of Delegates v. Golden Bethune-Hill
Order 		USSC Nov. 14, 2018
T-Mobile USA v. Selective Insurance Company of America
Order 		9th Nov. 13, 2018
Melgoza Guerrero v. Whitaker
'Particularly serious crime' within the meaning of 8 U.S.C. Section 1231(b)(3)(B)(ii) not unconstitutionally vague because although it is an uncertain standard, it applies to real world facts. 		Immigration 9th Nov. 12, 2018
Williams v. Filson
To be entitled to equitable tolling, a habeas petitioner must demonstrate that some extraordinary circumstance stood in his way and prevented timely filing (e.g. relying on any unsettled relation-back laws). 		Civil Procedure 9th Nov. 12, 2018
Manavian v. Dept. of Justice
Protections under the Public Safety Officers Procedural Bill of Rights Act do not apply to the termination of career executive assignment positions as a matter of law. 		Employment Law 3DCA Nov. 9, 2018
1550 Laurel Owner's Assn., Inc. v. App. Div. of Superior Court
Code of Civil Procedure Section 92(d) does not allow special motions to strike in limited cases based upon the plain meaning of the statute and the intent of the Legislature. 		Civil Procedure 2DCA/3 Nov. 9, 2018
Citizens for Amending Proposition L v. City of Pomona
Respondents had standing to sue under public interest exception to challenge city council ordinance purporting to extend agreement to erect billboards after citizens of Pomona passed ballot initiative prohibiting it. 		Civil Procedure 2DCA/4 Nov. 9, 2018
Regents of the University of California v. USDHS
Deferred Action for Childhood Arrivals was a permissible exercise of executive discretion, notwithstanding the Fifth Circuit's conclusion that Deferred Action for Parents of Americans and Lawful Permanent Residents program exceeded statutory authority. 		Immigration 9th Nov. 9, 2018
In Re Brace
Order 		9th Nov. 9, 2018
In Re Twelve Grand Jury Subpoenas
There are no exceptions in which a corporate custodian may resist a subpoena for corporate records on Fifth Amendment grounds, even if he proves that he is the sole shareholder, officer, or member. 		Constitutional Law 9th Nov. 9, 2018
Rookaird v. BNSF Railway Co.
Under the Federal Railroad Safety Act, statements of an employer can amount to an implicit order and an employee can refuse to follow that order, provided it falls under a protected activity. 		Government 9th Nov. 9, 2018
Menendez v. Whitaker
Section 288(c)(1), criminalizing 'lewd or lascivious conduct' by older person with 14 or 15 year old, is not categorically a crime of moral turpitude because covered actus reus is too broad, required mens rea too slight. 		Immigration 9th Nov. 9, 2018
Guerrero v. Cal. Dept. of Corrections and Rehabilitation
Federal common law controls the preclusive effect of a federal judgment, and applies to both federal question cases and diversity cases. 		Civil Procedure 1DCA/4 Nov. 8, 2018
Schmidt v. Citibank, N.A.
Loan servicer engaged in statutorily-mandated discussions 'to assess the financial situation,' and 'explore[d] options for the [plaintiffs] to avoid foreclosure' when it provided loss mitigation review, discussed loan modification application and payment options. 		Real Property 4DCA/1 Nov. 8, 2018
Modification: Ivory Education Institute v. Dept. of Fish & Wildlife
Exception for activities authorized by the federal government under Fish & Game Code Section 2022 not unconstitutionally vague; federal laws, exemptions, or permits can be ascertained with inquiry. 		Constitutional Law 2DCA/4 Nov. 7, 2018
People v. Vera
Traffic stop wasn't unconstitutionally prolonged by dog sniff where the motorist was cited for a tinted-window infraction, and the dog alerted to drugs in the vehicle; thus no suppression was required. 		Constitutional Law 4DCA/2 Nov. 7, 2018
People v. Baldivia
Plea agreement incorporates subsequent changes in the law so long as Legislature intended those changes to apply; thus, defendant entitled to juvenile fitness hearing and, if necessary, a resentencing hearing. 		Criminal Law and Procedure 6DCA Nov. 7, 2018
Mount Lemmon Fire Dist. v. Guido
Under U.S.C. Section 630(b), state and local governments are 'employer[s]' covered by the ADEA regardless of their size. 		Employment Discrimination USSC Nov. 7, 2018
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