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Name Category Published
Estate of Casserley
Claim not entitled to priority under state constitution's restitution provision where provision is inapplicable to court appointed administrator under Independent Administration of Estates Act to distribute assets. 		probate_and_trusts 4DCA/1 May 1, 2018
Magana v. Superior Court (San Mateo)
A trial court did not abuse its discretion when it removed defense counsel to ensure adequate representation; although such authority should be used sparingly. 		Attorneys 1DCA/4 May 1, 2018
Integrated Lender Services v. County of Los Angeles
Where court does not order property levied to satisfy criminal fraud restitution judgment, party owed restitution does not have interest in surplus funds from subsequent foreclosure sale of property. 		Real Property 2DCA/8 May 1, 2018
Dynamex Operations West, Inc. v. Superior Court
Suffer or permit to work standard under ‘Martinez v. Combs’ applies to determine whether worker is properly classified as independent contractor or employee. 		Employment Law 2DCA/7 May 1, 2018
People v. Soto
Voluntary intoxication evidence may not be admitted to show whether murder defendant subjectively believed he was acting in reasonable self-defense. 		Criminal Law and Procedure 6DCA May 1, 2018
Gordon v. County of Orange
Grant of summary judgment vacated where proper standard of review for 42 U.S.C. Section 1983 claim is one of ‘objective’ standard. 		Civil Procedure 9th May 1, 2018
U.S. v. Misraje
A district court did not abuse its discretion when it revoked the supervised release of a convicted person. 		Criminal Law and Procedure 9th May 1, 2018
Cal. Building Industry Assn. v. State Water Resources Control Bd.
Opinion 		1DCA/2 May 1, 2018
In Re Cook Inlet Energy LLC
Bankruptcy court does not err in finding that administrative claimant has ultimate burden to show benefit to estate and reasonable value of postpetition services. 		Bankruptcy BAP Apr. 30, 2018
People v. Espinoza
Appeal dismissed because defendant fails to receive probable cause certificate, where defendant has previously entered a plea of no contest. 		Criminal Law and Procedure 1DCA/1 Apr. 30, 2018
Curry v. Equilon Enterprises, LLC
Employees of entities who leased and operated gas stations owned by an oil company were not de facto employees of the oil company because there was no employer vis a vis employee relationship. 		Employment Law 4DCA/2 Apr. 30, 2018
In re J.R.
Remand to determine whether violation is felonious in context of Proposition 47 is appropriate where Double Jeopardy Clause does not bar remand. 		Juveniles 6DCA Apr. 30, 2018
Andrews v. Davis
Order 		9th Apr. 30, 2018
California Dept. of Toxic Substances Control v. Westside Delivery
Purchaser of tax-defaulted, contaminated facility is in 'contractual relationship' with prior owner for purposes of CERCLA's third-party affirmative defense. 		Environmental Law 9th Apr. 30, 2018
Scott v. Gino Morena Enterprises
Claims brought under Title VII of Civil Rights Act of 1964 are not untimely where 90-day time period to file suit begins to run when EEOC issues right-to-sue notice. 		Employment Law 9th Apr. 30, 2018
Newton v. Parker Drilling Mgmt. Services
Order 		9th Apr. 30, 2018
Modification: People v. Harris
Criminal defendant whose case is already final may not benefit from the exception provided by Senate Bill No. 620, which allows firearm enhancements to be stricken at a trial court's discretion. 		Criminal Law and Procedure 3DCA Apr. 30, 2018
Modification: Alvarado v. Dart Container Corp. of California
To determine rate of overtime pay, a flat sum bonus must be factored into regular pay rate via dividing bonus by nonovertime hours actually worked. 		Labor Law 4DCA/2 Apr. 27, 2018
People v. Ovieda
Order 		2DCA/6 Apr. 27, 2018
Webb (Bettie) on H.C.
Order 		4DCA/1 Apr. 27, 2018
Casino Pauma v. NLRB
Petition for review denied where National Labor Relations Board's finding that tribal employers are subject to the National Labor Relations Act is reasonably defensible interpretation of statute. 		Native American Affairs 9th Apr. 27, 2018
GranCare v. Thrower
Showing fraudulent joinder is 'heavy burden' on defendant and should not be maintained unless plaintiff could not show joined party was liable 'on any theory.' 		Civil Procedure 9th Apr. 27, 2018
People v. Chavez
Because a trial court's authority to render judgment ends with the expiration of probation, the court has no power to dismiss a conviction under Penal Code Section 1385 once probation is complete. 		Criminal Law and Procedure 3DCA Apr. 27, 2018
People v. Daveggio & Michaud
Court's definition of reasonable doubt does not improperly lower standard of proof where there is no reasonable likelihood that jury misunderstood instructions to convict on insufficient proof. 		Criminal Law and Procedure CASC Apr. 27, 2018
In re I.C.
Juvenile court cannot base jurisdictional finding on out-of-court statements of truth-incompetent minor unless there exists a 'special indicia of reliability.' 		Juveniles 1DCA/2 Apr. 27, 2018
Glaviano v. Sacramento City Unified School District
Lodestar method, using reasonable hourly rate, appropriate to determine fee award though prevailing party was charged reduced hourly rate. 		Education 3DCA Apr. 27, 2018
Holloway v. Showcase Realty Agents, Inc.
Plaintiff has taxpayer standing to sue under Code of Civil Procedure Section 526a where plaintiff has paid or is liable to pay defendant locality tax assessed on plaintiff by locality. 		Civil Procedure 6DCA Apr. 27, 2018
Modification: Hedwall v. PCMV, LLC
Second amended cross-complaint filed without court leave is properly stricken under Code of Civil Procedure Section 472(a) where section's provision allowing amendment to pleading without leave applies only to original cross-complaint and complaint. 		statutory_interpretation 2DCA/4 Apr. 27, 2018
Bozic v. USDC - CASD
Court has discretion to withhold 'extraordinary remedy' of mandamus relief even where clear legal error exists below, if prejudicial impact on petitioner is not great. 		Civil Procedure 9th Apr. 26, 2018
U.S. v. Garrison
Evidence is sufficient to establish conspiracy where circumstantial evidence showing that defendant was major actor in conspiracy is sufficient to lead reasonable jury to convict for conspiracy. 		Criminal Law and Procedure 9th Apr. 26, 2018
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