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Name Category Published
People v. Acosta
State interest in public safety outweighs the invasion of privacy resulting from a probation condition if the condition is reasonably related to future criminality.
Criminal Law and Procedure 4DCA/1 Feb. 8, 2018
Gonzalez v. Mathis
Summary judgment against independent contractor reversed where hirer fails to conclusively show that contractor could have reasonably adopted safety precaution to remedy known hazard.
Civil Procedure 2DCA/7 Feb. 8, 2018
Modification: City of Modesto v. Dow Chemical Co.
No special heightened causation requirement where redevelopment agency seeks compensation for remediation of contaminated land.
Environmental Law 1DCA/4 Feb. 8, 2018
Vega v. U.S.
Dismissal of new Bivens claims alleging that private defendants violated constitutional rights of plaintiff affirmed where plaintiff has alternative remedies.
Prisoners' Rights 9th Feb. 8, 2018
Yith v. Nielsen
Statute that prevents the Attorney General from adjudicating naturalization applications when removal proceedings are pending does not preclude the district court from doing the same.
Immigration 9th Feb. 8, 2018
People v. Hatt
Disqualifying prior convictions in Prop 47 reclassification statute include all such convictions entered before a court renders a final decision on a reclassification petition.
Criminal Law and Procedure 2DCA/6 Feb. 8, 2018
Today's Fresh Start Charter etc. v. Inglewood Unified School District
A petition to make a material revision to a school charter is not deemed approved under Section 11966.4(c) when the governing board of a school district fails to act on the request.
Education 2DCA/4 Feb. 8, 2018
Modification: California School Boards Association v. State of California
Government Code Section 17557 as applied in the Education Code does not violate state constitutional obligation to reimburse local governments for the cost of educational mandate programs.
Government 1DCA/5 Feb. 8, 2018
Modification: Guan v. Hu
Not error for trial court to grant relief based on breach of contract claim it had previously dismissed without leave, where claim re-pled as request for rescission.
Contracts 2DCA/1 Feb. 8, 2018
Marina Pacifica Homeowners Association v. Southern California Financial Corp.
A defendant is not a prevailing party as a matter of law under Section 1717 if the court did not render a simple, unqualified decision on a contract claim in the favor of defendant.
statutory_interpretation 2DCA/8 Feb. 7, 2018
Mora v. Webcor Construction, L.P.
Employer contributions to collectively-bargained employee vacation fund are not wages under Section 226(a); need not be displayed on bi-weekly paychecks with specific hourly rate of pay.
Labor Law 1DCA/5 Feb. 7, 2018
Modification: Alameda County Deputy Sheriff's Association v. Alameda County Employees Retirement Association
The Public Employee Pension Reform Act of 2013 potentially impacted 'legacy member' employees whose pensions were governed by the County Employees Retirement Law of 1937.
Employment Law 1DCA/4 Feb. 7, 2018
City of Montclair v. Cohen
City or county designated housing successors for former redevelopment agencies that report to, are components of, or are controlled by city or county are not eligible for housing entity cost allowance.
Municipal Law 3DCA Feb. 7, 2018
Simpson v. Trump University
Clear language in settlement notices requiring opt-out at class certification stage precludes objector from claiming she retained right to opt-out at settlement stage.
Civil Procedure 9th Feb. 7, 2018
Wells v. Union Pacific Railroad Co.
Pre-1871 Congressional Acts granting companies the rights of way through public lands to build railroads conveyed a fee simple defeasible interest in that land.
statutory_interpretation 9th Feb. 7, 2018
Earp v. Davis
Denial of motion for further discovery into evidence spoliation claims to support witness intimidation claim affirmed where alleged support is too speculative and weak to support intimidation claim.
Criminal Law and Procedure 9th Feb. 7, 2018
In re J.G.
Willful or negligent failure to provide a child with adequate food constitutes grounds for dependency jurisdiction under Welfare and Institutions Code Section 300
Family Law 4DCA/1 Feb. 6, 2018
Newton v. Parker Drilling Management Services
Dismissal of California wage and hour claims brought by employee working on off-shore drilling platform adjacent to state vacated where state laws are not inconsistent with federal law.
Labor Law 9th Feb. 6, 2018
U.S. v. Laney
Under federal rules of criminal procedure, jury trial waiver must be signed by defendant; if not, record must otherwise show waiver was voluntary, knowing, and intelligent.
Criminal Law and Procedure 9th Feb. 6, 2018
Amended Opinion: U.S. v. Molinar
Attempted armed robbery is a 'crime of violence' under the U.S. Sentencing Guidelines Manual's enumerated felonies clause.
Criminal Law and Procedure 9th Feb. 6, 2018
John R. Lawson Rock & Oil, Inc. v. State Air Resources Board
The timing requirement necessitates that a public agency may not approve a project prior to full compliance with CEQA
Environmental Law 5DCA Feb. 5, 2018
In re R.H.
Judgment finding good cause to depart from Indian Child Welfare Act placement preferences affirmed where tribe shows disinterest in matter.
Dependency 2DCA/6 Feb. 5, 2018
In re Webb
Magistrate lacks statutory authority to impose Fourth Amendment waiver condition on pre-trial releasee who posted bail.
Criminal Law and Procedure 4DCA/1 Feb. 5, 2018
Nutrition Distribution, LLC v. Southern SARMS, Inc.
Safe harbor provision from Code of Civil Procedure Section 128.7(c) was incorporated within former Section 128.5(f).
Civil Procedure 2DCA/7 Feb. 5, 2018
Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit.
Environmental Law 9th Feb. 5, 2018
Gonzalez v. Lew
Court order awarding postoffer costs to plaintiffs affirmed where jury awards plaintiffs amount greater than proposed, but rejected, joint settlement offer.
Civil Procedure 2DCA/3 Feb. 5, 2018
W.S. v. S.T.
Physical presence of child in home of her father is not enough to establish a familial relationship qualifying the father as a presumed parent.
Family Law 6DCA Feb. 5, 2018
ESP v. Gascon
Order
9th Feb. 5, 2018
Folkens v. Wyland Worldwide
Copyright infringement action unsuccessful where contested element, two dolphins crossing, is imagine expressed in nature and thus part of common heritage of humankind.
Copyright 9th Feb. 5, 2018
Lane v. Bell
A partial victory in an underlying action by a plaintiff alleging malicious prosecution does not satisfy the favorable termination element where the defendant also obtained a partial victory.
Torts 4DCA/1 Feb. 2, 2018