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Name Category Published
People v. Gonzalez
A motion to withdraw a guilty plea under Penal Code Section 1437.7 was correctly denied where defendant failed to satisfy the first prong of the 'Strickland' test for his claim of ineffective assistance of counsel. 		Attorneys 4DCA/1 Oct. 1, 2018
The Inland Oversight Committee v. City of San Bernardino
Res judicata barred appellants' claim that proposed changes in development were not 'minor modifications' pursuant to the process adopted in the Second Addendum, thus violating the California Environmental Quality Act. 		Civil Procedure 4DCA/2 Oct. 1, 2018
People v. Frahs
A diversion program for defendants with diagnosed mental disorders can be applied retroactively where defendant was tried and convicted before the statute became effective, if the case is not yet final on appeal. 		Criminal Law and Procedure 4DCA/1 Oct. 1, 2018
In re Loza
Because the Supreme Court of California held that the natural and probable consequences theory can no longer support a premeditated murder conviction, petitioner's first degree murder conviction must be vacated. 		Criminal Law and Procedure 4DCA/3 Oct. 1, 2018
Atempa v. Pedrazzani
Both the employer and any 'other person' who causes a violation of the overtime pay or minimum wage laws are subject to specified civil penalties. 		Labor Law 4DCA/1 Oct. 1, 2018
Skidmore v. Led Zeppelin
District court erred by failing to instruct jury that under extrinsic test there can be copyright protection on the basis of a sufficiently original combination of otherwise non-protectable music elements. 		Copyright 9th Oct. 1, 2018
Payton v. CSI Electrical Contractors
In a motion seeking certification of a class, the existence of any common policy is not sufficient to show that common issues predominate. 		Civil Procedure 2DCA/2 Oct. 1, 2018
Jabo v. YMCA of San Diego Co.
Summary judgment properly granted where YMCA's rental of field to non-member did not create statutory duty of care under 'health or fitness studio' provision of Health and Safety Code. 		Torts 4DCA/1 Oct. 1, 2018
Golden Door Properties v. Co. of San Diego
Trial court properly ruled that a matter was unripe, where the controversy did not apply to a specific facts. 		Environmental Law 4DCA/1 Oct. 1, 2018
San Francisco Police Officers' Assn. v. San Francisco Police Com.
A use of force policy is as closely akin to a managerial decision as any decision can be in running a police department 		Employment Law 1DCA/2 Sep. 28, 2018
Atwell v. City of Rohnert Park
Trial court properly found that a petition barred by res judicata where prior plaintiffs sued over similar city action approving retail development. 		Environmental Law 1DCA/1 Sep. 28, 2018
Martine v. Heavenly Valley L.P.
Appellant's common carrier argument failed because rescue patrollers, at a patroller's discretionary election, transport injured skiers to the bottom of the mountain without any apparent compensation. 		Torts 3DCA Sep. 28, 2018
In re L.O.
Accessing social media sites is a fundamental principle of the First Amendment, as all persons 'must have access to places where they can speak and listen.' 		Juveniles 1DCA/4 Sep. 28, 2018
Modification: Findleton v. Coyote Valley Band of Pomo Indians
Appellants failed to oppose fee motion on the merits in superior court; thus waived the issue. 		Native American Affairs 1DCA/2 Sep. 28, 2018
Marriage of Morton
The trial court erred when it excluded husband's income tax returns from his net income available for child support. 		Family Law 5DCA Sep. 28, 2018
Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology
Order 		2DCA/3 Sep. 28, 2018
Skidgel v. California Unemployment Insurance Appeals Board
Order 		1DCA/5 Sep. 28, 2018
Estate of Obata
Probate court correctly ruled that California law recognizes the Japanese practice called 'yoshi-engumi' as an adoption within the meaning of Probate Code Sections 6450 and 6451. 		Family Law 1DCA/3 Sep. 28, 2018
AFDI v. King County
Giving offense is a viewpoint, thus rejecting an advertisement solely because it offends is deemed not to be viewpoint neutral 		Constitutional Law 9th Sep. 28, 2018
Department of Corrections v. W.C.A.B.
Section 4660 should be used when administrative judge makes determination of overall permanent disability. 		Workers' Compensation 3DCA Sep. 27, 2018
Jones v. IDS Property Casualty Insurance Co.
Insurance company's per-person limit was properly applied to limit payout of damages, though separate damages had been awarded to spouse for loss of consortium, as latter arises from 'bodily injury to...spouse who can no longer perform.' 		Insurance 3DCA Sep. 27, 2018
People ex rel. Becerra v. Huber
Two of three causes of action against 'Indian' were criminal in nature; thus state court had plenary criminal jurisdiction to hear those cases under Public Law 280, Section 2. 		Native American Affairs 1DCA/4 Sep. 27, 2018
In re: Richard R. Lane
Because lack of standing argument did not invalidate Appellant's lien, bankruptcy court erroneously voided the first-position lien under Bankruptcy Code Section 506(d) based on disallowance of the claim. 		Bankruptcy BAP Sep. 27, 2018
American Airlines v. Mawhinney
Department of Labor independent investigations do not subject the investigated party to the waiver of any arbitration right it has in regards to the claims being investigated 		Employment Law 9th Sep. 27, 2018
USSEC v. Schooler
District court correctly ruled in favor of SEC, where a company's general partnership interests were actually investment contracts and qualified as securities under federal law. 		Securities 9th Sep. 27, 2018
People v. Fews
Patsearch of passenger in vehicle may be supported by reasonable suspicion whether or not vehicle search itself was supported by probable cause. 		Constitutional Law 1DCA/1 Sep. 26, 2018
In re Molly T.
The disentitlement doctrine is not only applicable to disobedience of an order being appealed; it also applies to 'egregious' conduct that frustrates a juvenile court from carrying out its orders. 		Family Law 4DCA/2 Sep. 26, 2018
Findleton v. Coyote Valley Band of Pomo Indians
Appellants failed to oppose fee motion on the merits in superior court; thus waived the issue. 		Native American Affairs 1DCA/2 Sep. 26, 2018
Sumner v. Simpson University
The ministerial exception does not bar breach of contract claims so long as such claims do not require a review of the employee's religious qualifications or performance. 		Employment Law 3DCA Sep. 26, 2018
Myers v. Sessions
Appellate panel may only base affirmance of removal on grounds considered and decided by BIA; remand required where evidence unclear as to petitioner's cancellation attempt based on continuous presence in United States. 		Immigration 9th Sep. 26, 2018
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