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Randall v. Mousseau
Court abuses discretion in denying plaintiff's motion for a settled statement and consequently, her right to appeal, but failure to seek timely review renders issue forfeited. 		Civil Procedure Aug. 24, 2016
Esparza v. Sand & Sea Inc.
Signed acknowledgment of receipt and review of employee handbook containing arbitration agreement section does not constitute assent to arbitration agreement. 		Arbitration Aug. 23, 2016
Morris Silver M.D. Inc. v. International Longshore and Warehouse Union – Pacific Maritime Association Welfare Plan
Third-party medical provider's contract and quasi-contract claims against ERISA-regulated employee welfare benefit plan not preempted, resulting in reversal of dismissal. 		Health Care Aug. 23, 2016
Mitchell v. California Dept. of Health
Equitable tolling applies to revive former state employee's racial discrimination action under FEHA that trial court erroneously disposed of via demurrer. 		Employment Law Aug. 23, 2016
Welch v. Brown
California law prohibiting state-licensed mental health providers from engaging in 'sexual orientation change efforts' with minor patients do not violate Religious Clauses of the Constitution. 		Civil Rights Aug. 23, 2016
In re Berkeley Delaware Court, LLC
Bankruptcy Code Section 363 applies to sale of legal claims of an estate, barring challenge on appeal without successful petition for stay of sale pending appeal. 		Bankruptcy Aug. 23, 2016
Tompkins v. 23andMe Inc.
Motion to compel arbitration properly granted where none of challenged portions of arbitration provision render arbitration provision unconscionable under California law. 		Arbitration Aug. 23, 2016
Ortega-Lopez v. Lynch
Misdemeanant convicted of participating in cockfighting is not automatically ineligible for relief from removal because cockfighting is not a categorical crime involving moral turpitude. 		Immigration Aug. 23, 2016
People v. Miranda
Assault of inmate in Los Angeles County Jail merits gang enhancement as evidence supports fact that perpetrators were members of criminal organization known as 'Southside gang.' 		Criminal Law and Procedure Aug. 23, 2016
Greco v. Greco
Motion to strike properly denied where sister's claims alleging brother's wrongful taking from parents' trust and estates is not protected activity under anti-SLAPP law. 		Anti-SLAPP Aug. 23, 2016
Phillips v. Campbell
Restraining order properly issued against cyclist based on finding that dating relationship existed between him and his victim though both denied ever 'dating' each another. 		Family Law Aug. 23, 2016
People v. Rodriguez
Trial court must take 'reasonable steps in good faith' to ensure judge who hears initial suppression of evidence motion hears subsequent suppression motions. 		Criminal Law and Procedure Aug. 22, 2016
People v. Rinehart
State's moratorium on mining technique known as suction dredging is not preempted by federal law promoting mining on federal land. 		Constitutional Law Aug. 22, 2016
People v. Grimes
California Supreme Court clarifies application of against-interest hearsay exception and overturns defendant's death judgment while keeping intact murder conviction and special circumstances findings. 		Criminal Law and Procedure Aug. 22, 2016
Libery Surplus v. Ledesma & Meyer Const.
Order 		Aug. 22, 2016
In re Del Biaggio
Under 11. U.S.C. Section 510(b), damages claim of individual debtor subordinate to other claims senior to or equal to it. 		Bankruptcy Aug. 22, 2016
Morris v. Ernst & Young LLP
Ernst & Young may not enforce 'concerted action waiver' that interferes with employees' substantive federal right to act together as protected under National Labor Relations Act. 		Labor Law Aug. 22, 2016
Campaign for Quality Education v. State of California
Order 		Constitutional Law Aug. 22, 2016
Vergara v. State of California (California Teachers Association)
Order 		Education Aug. 22, 2016
People v. Newman
Defendant ineligible for resentencing under Prop. 36 where record of conviction showed he intended to cause great bodily injury, a disqualifying factor. 		Criminal Law and Procedure Aug. 21, 2016
East Bay Regional Park District v. Griffin
Dismissal of appeal over trustee's distribution of trust assets pursuant to valid orders of the probate court required where no relief is available to appellant. 		Probate and Trusts Aug. 21, 2016
California American Water Co. v. Marina Coast Water District
Monterey County Water Resources Agency's attempt to judicially void agreement due to financial conflict of interest not limited by 60-day statute of limitations due to public agency status. 		Contracts Aug. 21, 2016
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. 		Native American Affairs Aug. 21, 2016
Bibiano v. Lynch
In removal case, 8 U.S.C. Section 1252(b)(2)'s venue provision is jurisdictional; thus Ninth Circuit not stripped of subject matter jurisdiction even though venue not proper. 		Immigration Aug. 21, 2016
People v. Garner
'Larceny' as used under newly-added Prop. 47 'shoplifting' statute, includes 'theft by false pretenses,' making petitioner's felony burglary conviction reducible to misdemeanor shoplifting. 		Criminal Law and Procedure Aug. 21, 2016
People v. Wagner
Reversal and remand result where trial court incorrectly concludes it lacks jurisdiction under Penal Code section 1473.6 to hear claims related to improper revocation of parole. 		Criminal Law and Procedure Aug. 21, 2016
People v. Shirley
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, section 1170.126)? 		Aug. 19, 2016
People v. Simon
Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Pen. Code, section 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? 		Aug. 19, 2016
People v. Yarberry
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? 		Aug. 19, 2016
People v. Raygoza
Offender's home detention complied with county's electronic monitoring program and met Penal Code Section 1203.018's standards, making him eligible for custody credits. 		Criminal Law and Procedure Aug. 18, 2016
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