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Name Category Published
Muller v. Roy Miller Freight Lines, LLC
Where transportation worker plays 'integral role' in transporting goods through interstate commerce, FAA exemption applies though worker himself did not cross state lines. 		Arbitration 4DCA/3 May 2, 2019
People v. Accredited Surety & Casualty Co.
Failure to comply with procedural requirements of 'In re Humphrey' did not render bond void; nothing in 'Humphrey' relieves surety of its obligations under the bond once it has been executed. 		Criminal Law and Procedure 3DCA May 1, 2019
In re McGhee
Proposition 57 mandates parole consideration after inmates serve full term of primary offense; 'two-tiered' system disqualifying certain otherwise eligible-inmates does not comport with the proposition. 		Criminal Law and Procedure 1DCA/4 May 1, 2019
Brown v. Pacifica Foundation, Inc.
There is not an all-purpose definition of the term 'public office,' and analysis of context and intent is necessary to give the term meaning in a given situation. 		Corporations 1DCA/4 May 1, 2019
Amended Opinion: Idrees v. Barr
The court lacks jurisdiction and judicial review of a denial of certification for appeal is improper when the Board of Immigration bases its decision on its discretionary powers. 		Immigration 9th May 1, 2019
In re White
Approach taken under California's second degree felony murder rule was evidence-based on specific steps used to manufacture methamphetamine, which is different from categorical approach found unconstitutional in 'Johnson v. United States.' 		Constitutional Law 4DCA/2 May 1, 2019
Thacker v. Tennessee Valley Authority
16 U.S.C. Section 831c(b) is not subject to a discretionary function exception, and the Tennessee Valley Authority may generally be sued for personal injury claims. 		Immunity USSC Apr. 30, 2019
People v. Ramirez
To qualify as a dying declaration, statement must be made under the sense of immediate impending death; thus, the trial court did not err in denying admission of the victim's hospital record. 		Criminal Law and Procedure 2DCA/8 Apr. 30, 2019
In The Matter of 8SPEED8, Inc.
Bankruptcy court properly denied shareholder's request for statutory damages following dismissal of bankruptcy case; shareholder lacked standing to seek damages under 11 U.S.C. Section 303(i) because it was not the debtor. 		Bankruptcy 9th Apr. 30, 2019
Weil v. Citizens Telecom Servs. Co.
Former supervisor's statement claiming discrimination, made after her scope of employment changed, was not hearsay and thus was admissible against the employer as pretext evidence on failure-to-promote claim. 		Employment Discrimination 9th Apr. 30, 2019
People v. Sanchez
No abuse of discretion in trial court's finding that seven-year-old son of woman murdered was competent to testify; he understood difference between truth and lie and importance of telling the truth. 		Criminal Law and Procedure CASC Apr. 30, 2019
People v. Carter
Multiple punishments were justified under Penal Code Section 654 when it was reasonable to find defendant's objective in robbing victim was independent of his objective in murdering him. 		Criminal Law and Procedure 4DCA/1 Apr. 30, 2019
People v. Berg
Because trial court does 'not have jurisdiction to reopen or retry a case' after 'unqualified affirmance' of prior final judgment, it lacked jurisdiction to vacate its prior order granting habeas corpus petition. 		Criminal Law and Procedure 4DCA/1 Apr. 30, 2019
People v. Julian
Statistical probabilities go beyond the scope of the child sexual abuse accommodation syndrome theory; thus, the trial court erred in allowing expert witness to testify regarding statistical evidence. 		Criminal Law and Procedure 2DCA/6 Apr. 30, 2019
People v. Cruz
Peace officer's nonconsensual blood draw of defendant, who signed probation orders stating he must submit to chemical testing at a peace officer's request, did not violate defendant's Fourth Amendment rights. 		Criminal Law and Procedure 5DCA Apr. 29, 2019
Harry v. Ring the Alarm, LLC
Plaintiff was not expressly hired to manage the hazardous condition that injured him; thus, the firefighter's rule does not apply where the risk of injury was not inherent to the plaintiff's occupation. 		Torts 2DCA/4 Apr. 29, 2019
Tanimura & Antle Fresh Foods v. Salinas Union High School Dist.
In applying school impact fee applicable to residential development generally, district need not separately analyze or exclude from fee development project housing only adults. 		Government 6DCA Apr. 29, 2019
U.S. v. Wijegoonaratna
During closing arguments, prosecutors may make reasonable inferences based on the evidence presented at trial; thus, the district court did not err in denying defendant's allegation of prosecutorial misconduct. 		Criminal Law and Procedure 9th Apr. 29, 2019
B.K. v. Snyder
Where court can assess 'statewide policies and practices' as to Arizona's care of foster children, general class of foster children claiming due process violations suitable for certification. 		Civil Procedure 9th Apr. 29, 2019
Chun v. Del Cid
A property does not qualify as a single-family exemption under LAMC Section 12.03 if it does not fit the meaning of a detached dwelling and contains more than one dwelling unit. 		Real Property 2DCA/4 Apr. 29, 2019
SPRAWLDEF v. Dept. of Resources Recycling and Recovery
Plaintiff was not prejudiced by closed rather than open sessions when plaintiff failed to object and points were documented in a hearing transcript and explained in a written decision. 		Government 3DCA Apr. 26, 2019
Strouse v. Webcor Construction
CACI No. 1009B's use of substantial-factor-causation rather than "affirmative contribution" causation did not prejudice defendant, and any perceived error regarding the jury instruction was harmless. 		Employment Law 1DCA/3 Apr. 26, 2019
People v. Martinez
CALCRIM No. 334 was improperly given in the trial court's instructions; however, there is no reasonable likelihood that the jury misunderstood that each element of the crime charged must be proven beyond a reasonable doubt. 		Criminal Law and Procedure 2DCA/6 Apr. 26, 2019
People v. Mazumder
Under Penal Code Section 851.8, an existing conviction precludes a defendant from obtaining a petition for a finding of factual innocence and the sealing and destruction of arrest records. 		Criminal Law and Procedure 4DCA/3 Apr. 26, 2019
Melendez v. S.F. Baseball Associates LLC
Where dispute concerns meaning of state labor statute and requires, at most, court to 'look at' collective bargaining agreement, suit not preempted by Labor Management Relations Act. 		Labor Law CASC Apr. 26, 2019
Oregon Natural Desert Association v. Rose
The substantive challenges to plan issued by Bureau of Land Management could not be reached under other acts because it was procedurally deficient under the National Environmental Policy Act. 		Environmental Law 9th Apr. 26, 2019
NTCH-WA, Inc. v. ZTE Corporation
Preclusive effects of a prior federal diversity judgment confirming an arbitration award are determined by reference to the law of the state where the rendering court sat. 		Civil Procedure 9th Apr. 26, 2019
Emmons v. City of Escondido
Where cited cases are not 'sufficiently similar' to place 'constitutional question beyond dispute,' qualified immunity must be granted to law enforcement officer. 		Qualified Immunity 9th Apr. 26, 2019
Lamps Plus, Inc. v. Varela
Ambiguity as to classwide arbitration in employment contract 'does not provide sufficient basis to conclude' parties agreed to decide classwide matters in arbitration, notwithstanding state contract law principles. 		Arbitration USSC Apr. 25, 2019
People v. Rodriguez
After criminal proceedings are completed, a court may order reimbursement of attorney fees only after giving the defendant notice and an opportunity to be heard on the issue of his ability to pay. 		Criminal Law and Procedure 2DCA/3 Apr. 25, 2019
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