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Name Category Published
Jaime G. v. H.L.
Judgment granting domestic abuser joint custody and majority of visitation time reversed and remanded where court fails to address each of Family Code Section 3044's seven factors in statement of reasons for rebutting Section 344 presumption. 		Family Law 2DCA/7 Aug. 2, 2018
Santa Rosa Memorial Hospital v. Kent
Medicaid Act precludes private enforcement of 42 U.S.C. Section 1396a(a)(30)(A). 		Health Care 1DCA/3 Aug. 2, 2018
San Francisco v. Trump
'No reasonable argument' that President did not exceed authority in ordering withheld Congressionally-approved appropriations to 'sanctuary' jurisdictions. 		Constitutional Law 9th Aug. 2, 2018
Planned Parenthood v. Center for Medical Progress
Order 		9th Aug. 2, 2018
Alaska Airlines v. Schurke
Judgment finding that state law claim is not preempted by Railway Labor Act affirmed where state law claim neither arises entirely from nor requires construction of collective bargaining agreement. 		Labor Law 9th Aug. 2, 2018
Peredia v. HR Mobile Services, Inc.
Summary judgment reversed where Civil Code Section 2343 allows plaintiffs to assert negligent undertaking tort claim. 		Civil Procedure 5DCA Aug. 1, 2018
Melendres v. U.S.
Federalism principles do not defeat district court's 'broad discretion to fashion injunctive relief;' court did not abuse discretion in formulating detailed injunction where local authorities deliberately violated the provisions of prior injunctions. 		Civil Rights 9th Aug. 1, 2018
Estill v. County of Shasta
Judgment granting plaintiff new trial reversed where defendant is not required to provide warning and notice under Section 911.3. 		Civil Procedure 3DCA Aug. 1, 2018
Interpipe Contracting v. Becerra
A lower court properly found that Senate Bill 954 was not preempted by the National Labor Relations Act. 		Labor Law 9th Jul. 31, 2018
Tunac v. U.S.
Accrual of medical malpractice claim under Federal Tort Claims Act occurs where plaintiff knew or reasonably should have known the cause of the injury. 		Torts 9th Jul. 31, 2018
Gordon v. Drape Creative Inc.
To qualify for protection from trademark infringement suit, user of registered trademark in expressive work must add own artistic expression. 		Intellectual Property 9th Jul. 31, 2018
Von Saher v. Norton Simon Museum of Art
A district court properly granted summary judgment in favor of a defendant museum in an action by a plaintiff where a foreign country had already adjudicated the property disputed in the case. 		International Law 9th Jul. 31, 2018
U.S. v. Mickey
Jurors need not reach unanimity as to single particular 'means' used to commit element of crime. 		Criminal Law and Procedure 9th Jul. 31, 2018
Guo v. Sessions
BIA erred by finding Petitioner's asylum claims failed to rise to the level of religious persecution, portraying harm to petitioner as 'single, isolated' encounter with the authorities. 		Immigration 9th Jul. 31, 2018
People v. Buycks
Enhancements under Penal Code Sections 12022.1 and 667.5, if not final when Prop 47 become effective, may be stricken where petitioner successfully reduces prior felonies upon which enhancements rest. 		Criminal Law and Procedure CASC Jul. 31, 2018
People v. Johnson
Case remanded for resentencing where court is uncertain that lower court would have stricken firearm enhancement if it had authority to do so under 'later enacted' Section 12022.53(h). 		Criminal Law and Procedure 4DCA/1 Jul. 30, 2018
People v. Quarles
Trial court properly refused to instruct a jury on a voluntary intoxication defense where crime, though statute requires 'maliciousness,' is properly deemed general intent crime. 		Criminal Law and Procedure 1DCA/1 Jul. 30, 2018
Modification: Pacific Gas & Electric Co. v. Superior Court
'Thought-provoking' questions raised by plaintiffs as to utility's practices in wake of devastating wildfire do not in themselves show by clear and convincing standard utility acted with 'malice,' precluding punitive damages. 		Remedies 3DCA Jul. 30, 2018
In re Collin E.
Parents cannot avail themselves of 'beneficial parent-child exception' to termination of rights where parents did not demonstrate benefits of child remaining with them would 'outweigh' those of being placed with adoptive parents. 		Juveniles 4DCA/1 Jul. 30, 2018
LandWatch San Luis Obispo Co. v. Cambria Comm. Serv. Dist.
Under certain circumstances, like where petitioner for writ of administrative mandate causes delay, agency may be awarded costs for preparing record, though petition had elected to do so. 		Environmental Law 2DCA/6 Jul. 30, 2018
In re: Hyundai and Kia Fuel Economy Litigation
Order 		9th Jul. 30, 2018
Hernandez v. City of San Jose
Qualified immunity properly denied where police officers took 'affirmative action' with 'deliberate indifference' to put political protesters at rally in known danger. 		Civil Rights 9th Jul. 30, 2018
Hicks v. PGA Tour
Dismissal of antitrust and related state law claims in action claiming that defendant failed to obtain plaintiffs' consent before enforcing uniform regulation affirmed where contract between parties establishes consent in consideration of parties' prior dealings. 		Antitrust 9th Jul. 30, 2018
U.S. v. Turner
Judgment affirmed where court does not err in finding that defendant waived right to counsel by 'repeatedly alternat[ing] between invoking right to self-representation and his right to counsel.' 		Criminal Law and Procedure 9th Jul. 30, 2018
Mendez v. Conley
Warrantless search and entry by law enforcement officers into an inhabited dwelling correctly deemed proximate cause of the victims' resulting injuries, giving basis for Section 1983 suit. 		Constitutional Law 9th Jul. 30, 2018
CA Water Impact Network v. Co. of San Luis Obispo
Because groundwater well approval 'shall' be issued where applicant meets certain fixed standards, issuing is ministerial act that does not trigger CEQA review. 		Environmental Law California Courts of Appeal Jul. 30, 2018
National Conference of Black Mayors v. Chico Community Publishing, Inc.
Trial court properly denied an attorney fees motion under Public Records Act since party did not withhold requested documents. 		Public Records Act 3DCA Jul. 27, 2018
People v. Jimenez
Order 		2DCA/6 Jul. 27, 2018
In re Manriquez
Petition for habeas relief alleging prejudicial jury misconduct denied where there is no substantial likelihood that juror was biased toward petitioner. 		Criminal Law and Procedure CASC Jul. 27, 2018
Troester v. Starbucks Corporation
In answering a question posed by the 9th Circuit this Court held that the relevant California statutes and wage orders have not incorporated the "de minimis" doctrine found in the Fair Labor Standards Act 		Labor Law CASC Jul. 27, 2018
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