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Time Warner Cable Inc. v. County of Los Angeles
A trial court properly found that an Assessor's valuation was not supported by substantial evidence, where the Assessor erred in taxing the entire percentage of the company's revenue instead of just taxing the possessory interests. 		Tax 2DCA/1 Jul. 23, 2018
U.S. v. Robertson
Judgment affirmed where jury instruction that is consistent with elements of statutory offense and language of convicting statute does not misstate law. 		Criminal Law and Procedure 9th Jul. 23, 2018
U.S. v. USDC-Oregon
'No new circumstances' warrant second mandamus petition after previous petition denied by this court, per 'Bauman,' in climate change suit against government. 		Civil Procedure 9th Jul. 23, 2018
Amended Opinion: Solorio v. Muniz
Request to file second or successive federal habeas corpus petition to advance claim that state suppressed exculpatory evidence denied where applicant fails to exercise due diligence to discover claim's underlying facts. 		Criminal Law and Procedure 9th Jul. 23, 2018
Franchise Tax Bd. Limited Liability Corp. Tax Refund Cases
Typicality is established where plaintiffs seeking class treatment allege that they were subjected to same conduct and suffered the same injury as every potential class member. 		Civil Procedure 1DCA/4 Jul. 20, 2018
People v. Woodruff
Death sentence reversed where trial court granted a prosecutor's challenge to exclude a prospective juror for cause based solely on juror's written questionnaire responses indicating an uncertainty as to the 'purpose' of the death penalty. 		Constitutional Law CASC Jul. 20, 2018
Sanchez v. Sessions
Order 		9th Jul. 20, 2018
U.S. v. Barnes
Removing handgun from home for fear unsupervised toddlers therein might find and handle it does not amount to necessity defense against charge of being a felon in possession of a firearm. 		Criminal Law and Procedure 9th Jul. 20, 2018
Ross v. Williams
Judgment affirmed where facts in order attached to untimely amended habeas petition are not clearly incorporated for purposes of relating petition back to original, timely petition and petitioner fails to comply with Habeas Rule 2(c). 		Criminal Law and Procedure 9th Jul. 20, 2018
Amended Opinion: Glazing Health & Welfare Fund v. Lamek
Unpaid contributions to employee benefit funds are not plan assets; employers contractually committed to make such payments are not fiduciaries under ERISA. 		probate_and_trusts 9th Jul. 20, 2018
Navarro v. Encino Motorcars
Order 		9th Jul. 20, 2018
Y.H. v. M.H.
Family Code Section 4504(b) permits 'retroactive child support credit from [a] lump-sum payment where there is no child support arrearage.' 		Family Law 4DCA/1 Jul. 19, 2018
Weinstein v. Blumberg
A trial court erred when it granted discovery sanctions against a party when the moving party didn't file the supporting papers upon which they were basing their motion within statutory deadline. 		Civil Procedure 2DCA/1 Jul. 19, 2018
People v. Koback
Instrument, like car key swung at victim's torso after defendant warned he would gravely harm victim, may be viewed as 'deadly weapon' by jury if 'used in such a manner as to be capable' of producing great injury. 		Criminal Law and Procedure 4DCA/2 Jul. 19, 2018
Rodriguez v. Taco Bell
Judgment affirmed where restaurant that gives employees option to purchase discounted meals on meal break, if those employees eat in restaurant, relieves employees of duty and relinquishes control over employees’ activities. 		Employment Law 9th Jul. 19, 2018
Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC
A trial court properly granted a defendant's summary judgment motion where the injured plaintiff signed a liability waiver as part of a season pass agreement to a mountain ski area. 		Torts 3DCA Jul. 19, 2018
Modification: Skidgel v. California Unemployment Ins. Appeals Bd.
In-Home Supportive Services recipient is the provider's 'sole' employer for purposes of unemployment insurance coverage. 		Labor Law 1DCA/5 Jul. 18, 2018
Modification: Hipsher v. Los Angeles County Employees
Under PEPRA, reduction of retirement benefits not improper where condition subsequent, here a federal felony, occurs, but due process assurances necessary. 		Government 2DCA/4 Jul. 18, 2018
Post Foods, LLC v. Superior Court
Petition for writ of mandate granted where seemingly required Proposition 65 warning is preempted by federal law. 		Civil Procedure 2DCA/1 Jul. 18, 2018
Stoyas v. Toshiba Corporation
Class action plaintiffs in a securities fraud case are allowed to amend their complaint because American Depository Shares in foreign corporation are not per se securities within the meaning of the Securities and Exchange Act. 		Securities 9th Jul. 18, 2018
True Health Chiropractic v. McKesson
Judgment declining class certification partially reversed where certain class claims satisfy Rule 23(b)(3)’s predominance requirement. 		Consumer Law 9th Jul. 18, 2018
Martinez-De Ryan v. Sessions
The BIA properly denied a petition for cancellation of removal on the ground that petitioner was convicted of a crime of moral turpitude, a term of art that isn't unconstitutionally void under the vagueness doctrine. 		Constitutional Law 9th Jul. 18, 2018
Baskin v. Hughes Realty, Inc.
Entity not required to provide accessible route for persons with disabilities that does not pass behind parked cars under 2013 CBSC regulations. 		Disability Discrimination 2DCA/4 Jul. 17, 2018
Littlejohn v. Costco Wholesale Corp.
Trial court properly sustained defendants' demurrer where consumer sought reimbursement of taxes from the Board of Equalization as to sales tax on an alleged food item. 		Consumer Law 1DCA/3 Jul. 17, 2018
Coffman v. Queen of the Valley Medical Center
District court did not err when it granted a preliminary injunction against an employer when the National Labor Relations Board alleged that employer impermissibly withdrew recognition of union after bargaining stalls. 		Labor Law 9th Jul. 17, 2018
Shorter v. Baca
Judgment reversed and remanded where defendant is entitled to new trial because evidence failed to show that defendant received requisite procedural forms to challenge mental health classification. 		Prisoners' Rights 9th Jul. 17, 2018
McLear-Gary v. Scott
Property may not be properly adversely possessed where purported possessor does not timely pay taxes on the property. 		Real Property 1DCA/3 Jul. 16, 2018
People v. Torres
Conviction was reversed due to ineffective assistance of counsel, where an interrogation that was determined to be custodial lacked a 'Miranda' warning, and no suppression motion was ever filed by counsel. 		Constitutional Law 4DCA/1 Jul. 16, 2018
U.S. v. Buenrostro
A district court properly denied a defendant's motion for a sentence modification where defendant's life term received a Presidential commutation to 360 months. 		Criminal Law and Procedure 9th Jul. 16, 2018
Barnes v. Berryhill
A district court improperly denied a disability appeal because the administrative law judge failed to follow proper procedure to include written judgment regarding transferability of skills. 		Administrative Agencies 9th Jul. 16, 2018
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