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Name Category Published
Montana Environmental Information Center v. Thomas
EPA's approval of state implementation plan not arbitrary or capricious where agency's interpretation of ambiguous language is reasonable. 		Environmental Law 9th Aug. 31, 2018
Sheppard, Mullin etc. v. J-M Manufacturing Co., Inc.
'Informed consent' of simultaneous dual representation can be effected only where firm discloses 'all material facts' that are known and can be revealed; more general conflicts waiver at issue was inadequate. Nonetheless quantum meruit recovery 'not categorically barred.' 		Attorneys CASC Aug. 31, 2018
People v. Rodriguez
Prosecutor asserting facts not in evidence to bolster witness credibility during closing arguments commits reversible error. 		Criminal Law and Procedure 5DCA Aug. 31, 2018
In re C.B.
The DNA Act does not permit expungement of juveniles' DNA profile merely because a charge was subsequently reduced to a misdemeanor under Proposition 47. 		Juveniles CASC Aug. 31, 2018
Hunsaker v. U.S.
Sovereign immunity does not preclude an award of emotional distress damages against the United States for willful violation of an automatic stay under Bankruptcy Code. 		Bankruptcy 9th Aug. 31, 2018
Estate of O'Connor
A donee's exercise of a power of appointment must contain enough detail that it reasonable to conclude he or she made an intentional and deliberate, not inadvertent, exercise of that power. 		probate_and_trusts 4DCA/1 Aug. 31, 2018
Serova v. Sony Music Entertainment
Anti-SLAPP motion should have been granted where defendant's representations as to musical content on Michael Jackson posthumous album were of public interest, and of the type that enjoy full First Amendment protection. 		Anti-SLAPP 2DCA/2 Aug. 30, 2018
Martinez v. Landry's Restaurants, Inc.
It is not 'impracticable' to pursue discovery during the time in which a case is remanded to state court after removal until the time that order is affirmed by the Court of Appeal. 		Civil Procedure 2DCA/7 Aug. 30, 2018
Coyne v. De Leo
A tenant who believes the landlord's invocation of the Ellis Act is phony may controvert the landlord's statement of intent by producing evidence of an alleged sham purchase contract and deed of trust. 		Evidence 1DCA/5 Aug. 30, 2018
People v. Martin
Prop 47 can 'only stretch so far before it will unravel;' does not provide relief to defendant seeking recall of felony conviction for conspiracy to commit petty theft. 		Criminal Law and Procedure 2DCA/6 Aug. 30, 2018
G&G Productions v. Rusic
Under California Civil Procedure Code Section 361, Appellant's cause of action was time-barred in California because it would have been time barred in Italy. 		Civil Procedure 9th Aug. 30, 2018
EEOC v. BNSF
Requiring job applicant to obtain and provide MRI examination as condition of employment violates Americans with Disabilities Act by discriminating on basis of perceived disability. 		Disability Discrimination 9th Aug. 30, 2018
Atenia Lorenzo v. Sessions
The California definition of methamphetamine is broader than the federal definition; thus Appellant's conviction do not qualify as grounds for removal. 		Immigration 9th Aug. 30, 2018
Quiroz Parada v. Sessions
Government fails to rebut presumption of asylum applicant's well-founded fear of future persecution where court relies on out-of-date country condition reports, and political party that perpetrated the persecution has assumed power. 		Immigration 9th Aug. 30, 2018
In re: Caesars Entertainment Operating Company Inc.
Order remanding removed action back to state court based on lack of subject matter jurisdiction not reviewable on appeal, per 28 U.S.C. Section 1447(d). 		Bankruptcy BAP Aug. 29, 2018
Modification: People v. Bilbrey
Dismissal for violation of speedy trial right not abuse of discretion where People appeal retrial grant after habeas ruling, but fail to attempt to stay lower court proceedings. 		Criminal Law and Procedure 1DCA/2 Aug. 29, 2018
National Institute of Family and Life Advocates v. Becerra
Order 		9th Aug. 29, 2018
U.S. v. Flores
'Receipt of stolen property' is a distinct aggravated felony independent of 'theft;' thus a California conviction for receipt of stolen property may be deemed categorically an aggravated felony within the aegis of the Immigration and Naturalization Act. 		Immigration 9th Aug. 29, 2018
A Woman's Friend Pregnancy Resource Clinic v. Becerra
Order 		9th Aug. 29, 2018
Livingwell Medical Clinic Inc. v. Becerra
Order 		9th Aug. 29, 2018
People v. Aguayo
Assault with force likely to produce great bodily injury is not a lesser included offense of assault with a deadly weapon because the latter could be applied without producing great bodily injury. 		Criminal Law and Procedure 4DCA/1 Aug. 28, 2018
People v. Reardon
Trial court errs by excluding expert testimony proffered by defendant seeking to demonstrate arresting officers applied excessive force. 		Criminal Law and Procedure 3DCA Aug. 28, 2018
Branches Neighborhood Corp. v. CalAtlantic Group, Inc.
When the Covenants, Conditions and Restrictions of an association require consent to file a claim, public policy requires the court to follow its plain language; thus the arbitrator did not exceed its powers. 		Arbitration 4DCA/3 Aug. 28, 2018
Cobbler Nevada LLC v. Gonzales
Defendant's association with infringing IP address not sufficient to show 'plausibility of entitlement to relief,' where IP address was used by several individuals in shared adult care facility. 		Intellectual Property 9th Aug. 28, 2018
In re Sino Clean Energy
Under Nevada state law, only current board members may file a voluntary petition for Chapter 11 bankruptcy; thus former board members lacked corporate authority when they filed the bankruptcy petition. 		Bankruptcy 9th Aug. 28, 2018
Citizens for Fair REU Rates v. City of Redding
Transfer of funds from utility's revenues to city's general fund not a tax, under California Constitution, where 'no evidence' that increased utility rates imposed on customers were part of fund transfer. 		Government 3DCA Aug. 28, 2018
Kim v. Toyota Motor Corp.
For purposes of helping jury decide 'risk-benefit' strict liability design defect test, evidence of industry custom may be admissible where it is shown to be relevant to at least one element of the test. 		Torts 2DCA/7 Aug. 28, 2018
People v. Gonzales
Penal Code Section 473(b) only precludes reducing forgery to a misdemeanor if the defendant has been convicted of identity theft in connection with forgery; accordingly, the offenses must be related. 		Criminal Law and Procedure 3DCA Aug. 28, 2018
San Franciscans v. City and County of San Francisco
Use of future baseline permissible under CEQA-mandated environmental review, where contextual factors recommend and where agency takes informed, deliberate approach. 		Environmental Law 1DCA/4 Aug. 27, 2018
Citizens Coalition Los Angeles v. City of Los Angeles
CEQA's Section 21166 applies where City created new subzone, and moved a proposed project into that subzone because the prior environmental documents retained relevance in light of the proposed changes. 		Municipal Law 2DCA/2 Aug. 27, 2018
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