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Name Category Published
Savea v. YRC Inc.
Employer listing its actual recorded fictitious business name and mailing address, omitting a mail stop code and ZIP+4 Code, fully complied with Labor Code Section 226(a)(8).
Labor Law 1DCA/3 Apr. 12, 2019
People v. Edwards
Penal Code Section 3051(h) provides youthful-offender parole hearings even for first degree murderers who receive de facto life sentences but excludes One Strikers; thus, Section 3051(h) violates principles of equal protection.
Criminal Law and Procedure 1DCA/4 Apr. 12, 2019
Subcontracting Concepts (CT), LLC v. De Melo
Due to numerous unconscionable provisions, the trial court did not abuse its discretion when it deemed the entire employee arbitration agreement unenforceable.
Employment Law 1DCA/2 Apr. 12, 2019
U.S. v. Lozoya
Assault on commercial flight occurred before entering Central District of California's airspace and 18 U.S.C. Section 3237(a) pertains to offenses involving transportation in interstate commerce or foreign commerce; thus, venue was improper.
Civil Procedure 9th Apr. 12, 2019
People v. Lara
Proposition 47's ameliorative provisions did not apply to a Vehicle Code Section 10851(a) conviction for post-theft driving because the offense is a felony regardless of the value of property stolen.
Criminal Law and Procedure 4DCA/2 Apr. 12, 2019
Modification: People v. Westerfield
Absent evidence that a jury was materially affected by the publicity and interest that a case generates, a court does not abuse its discretion by denying a motion for jury sequestration.
Criminal Law and Procedure CASC Apr. 12, 2019
In re Caden C.
No reasonable court could have concluded that a compelling justification had been made for forgoing adoption under beneficial relationship exception; thus, judgment was reversed.
Dependency 1DCA/4 Apr. 11, 2019
People v. Stamps
Remand necessary for trial court, under Senate Bill No. 1393, to exercise newly-granted discretion to consider whether to strike a Penal Code Section 667(a)(1) enhancement contained in defendant's plea bargain.
Criminal Law and Procedure 1DCA/4 Apr. 11, 2019
Diaz v. Sohnen Enterprises
An at-will employee who continues to work after the employer has given notice of changed terms or conditions of employment has accepted the changed terms and conditions.
Employment Law 2DCA/7 Apr. 11, 2019
TransparentGov Novato v. City of Novato
Trial court properly rejected plaintiff's claim against City alleging violation of Brown Act because City responded with unconditional commitment to cease, desist from, and not repeat the past action.
Government 1DCA/1 Apr. 11, 2019
Dudek v. Dudek
Once a donative transfer is executed by the owner of a life insurance policy, the transferee owns the policy; thus, the trial court erred in finding that a trust did not exist.
probate_and_trusts 4DCA/1 Apr. 11, 2019
Modification: In re Caden C.
Modification
1DCA/1 Apr. 11, 2019
People v. Corrigan
The exception for multiple convictions of necessarily included offenses does not apply to Penal Code Sections 452(b) and (c), as these subdivisions set forth two different offenses.
Criminal Law and Procedure 1DCA/1 Apr. 10, 2019
Sonoma Media Investments, LLC v. Superior Court
Anti-SLAPP motion should have been granted as to all causes of action because plaintiffs failed to make a prima facie showing of falsity.
Anti-SLAPP 1DCA/5 Apr. 10, 2019
Modification: Long v. Forty-Niners Football Co., LLC
Plaintiff who voluntarily dismissed his state case just before trial in favor of ultimately unsuccessful federal litigation may not claim equitable tolling to bring a duplicative action in state court.
Civil Procedure 1DCA/4 Apr. 10, 2019
Modification: Sonoma Media Investments, LLC v. Superior Court
Modification
Anti-SLAPP 1DCA/5 Apr. 10, 2019
People v. Superior Court (Jones)
Prosecution's jury selection notes are discoverable by habeas counsel, where notes were referenced as including neutral basis for strike in 'Batson/Wheeler' hearing.
Criminal Law and Procedure 4DCA/1 Apr. 10, 2019
Look v. Penovatz
Family Code Section 3950 does not apply if child support is being paid by the parent from whom reimbursement is being sought.
Family Law 6DCA Apr. 10, 2019
Stokes v. Muschinske
Trial court could have reasonably inferred that juror's failure to disclose two prior lawsuits he was involved in was unintentional; there were no substantive hearings and no indication he was actively involved.
Civil Procedure 2DCA/8 Apr. 10, 2019
United States v. Johnson
Defendant's concessions in district court foreclosed argument that his conviction under California Penal Code Section 245(a)(1) was not a felony crime of violence under U.S. Sentencing Guidelines Manual Section 2k2.1(a)(4)(A); thus, sentence affirmed.
Criminal Law and Procedure 9th Apr. 10, 2019
Demarest v. HSBC Bank USA
Because trustee of traditional trust was sued in its own name, its citizenship was all that mattered for diversity purposes and not citizenship of trust's investors; thus, diversity jurisdiction was proper.
Civil Procedure 9th Apr. 9, 2019
County of San Diego Dept. of Child Support Services v. C.P.
Current Family Code Section 4007.5 applies only to child support orders issued or modified on or after October 8, 2015 and does not save statutory protections of former Section 4007.5.
Family Law 4DCA/1 Apr. 9, 2019
People v. Frandsen
Where statutory elements of a crime are analyzed to determine if violent felony was committed, 'Johnson v. United States's holding regarding unconstitutional vagueness does not apply.
Criminal Law and Procedure 2DCA/8 Apr. 8, 2019
Martinez v. Public Employees' Retirement System
'Haywood v. American River Protection Dist.' and 'Smith v. City of Napa' set out relevant disability retirement law and are binding; thus, judgment denying writ of mandate challenging these cases affirmed.
Government 1DCA/2 Apr. 8, 2019
Murray v. BEJ Minerals
Order
9th Apr. 8, 2019
Modification: People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome.
Criminal Law and Procedure 3DCA Apr. 8, 2019
York v. City of Los Angeles
Trial court did not abuse its discretion in denying plaintiffs' mandate petition because denial of grading request did not preclude plaintiffs from submitting another, more modest, development proposal.
Real Property 2DCA/3 Apr. 8, 2019
In re Palmer
Petitioner successfully utilized techniques set forth in 'In re Lynch' to show serial denials of parole punished him so disproportionately to his individual culpability that it was constitutionally excessive.
Civil Rights 1DCA/2 Apr. 8, 2019
Modification: In re M.S.
A pretrial mental health diversion program for mentally ill adults does not apply to juveniles because the juvenile justice system is separate and distinct from the criminal justice system.
Juveniles 2DCA/6 Apr. 5, 2019
Ryze Claim Solutions LLC v. Superior Court
Forum selection clauses may be given effect, in the court's discretion and in the absence of a showing that enforcement of a given clause would be unfair and unreasonable.
Civil Procedure 1DCA/3 Apr. 5, 2019