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Name Category Published
People v. Servin
The standard of review for California Penal Code Section 1170(e)'s compassionate release is whether 'some evidence' supports the Secretary of the California Department of Corrections and Rehabilitation recommendation. 		Criminal Law and Procedure 4DCA/3 Jan. 28, 2019
People v. Martinez
Defendants convicted of felony murder or murder under a natural and probable consequences theory must file a Penal Code Section 1170.95 petition to gain retroactive relief under Senate Bill 1437. 		Criminal Law and Procedure 2DCA/5 Jan. 28, 2019
Ditzian v. Unger
Prescriptive easement allowing plaintiffs to access sand dunes via defendant's property not a public easement prohibited by Civil Code Section 1009 because it was a private prescriptive easement between neighboring landowners. 		Real Property 1DCA/5 Jan. 28, 2019
Curtis v. Irwin Industries
Plaintiffs' claim was preempted under Section 301 of the Labor Management Relations Act because California overtime law does not apply to an employee working under a qualifying collective bargaining agreement. 		Labor Law 9th Jan. 28, 2019
People v. Wright
To insulate a plea agreement from future changes in the law the parties should specify that the consequences of the plea will remain fixed despite amendments to the relevant law. 		Criminal Law and Procedure 4DCA/1 Jan. 28, 2019
Modification: McCorkle Eastside Neighborhood Group v. City of St. Helena
Cities are not required to have a design review ordinance, so when one does impose such an additional level of review, it is for the city to determine the scope of the review. 		Environmental Law 1DCA/5 Jan. 28, 2019
Siri v. Sutter Home Winery, Inc.
A defendant moving for summary judgment bears the initial burden of presenting evidence establishing that a plaintiff either cannot establish an element of their claim or a complete defense exists. 		Civil Procedure 1DCA/4 Jan. 25, 2019
Linton v. County of Contra Costa
Plaintiff's Code of Civil Procedure Section 998 offer provided her the right to seek attorney fees as 'allowed by law,' but no such fees were 'allowed by law.' 		Civil Procedure 1DCA/1 Jan. 25, 2019
In re Roger S.
Under Welfare and Institutions Code Section 300(b), continuously having foul body odor and dirty clothes as school, does not indicate that a child is at substantial risk of physical harm or illness. 		Family Law 2DCA/1 Jan. 25, 2019
People v. Colbert
Crime was punishable as burglary and not shoplifting when defendant entered a commercial establishment open during business hours, but then entered interior room that was off-limits to public with intent to steal. 		Criminal Law and Procedure 6DCA Jan. 25, 2019
Singh v. Whitaker
The Department of Homeland Security must conduct individualized analysis in order to rebut the presumption that future persecution at the hands of the government exists nationwide for an applicant seeking asylum. 		Immigration 9th Jan. 25, 2019
M.S. v. LAUSD
Order 		9th Jan. 25, 2019
Modification: Licudine v. Cedars-Sinai Medical Center
Section 998 offer not made in good faith when made five days after defendant filed its answer, defendant had very little information available, and plaintiff never responded to that concern. 		Civil Procedure 2DCA/2 Jan. 25, 2019
Jayone Foods v. Aekyung Industrial Co. Ltd.
Manufacturers are subject to specific jurisdiction if their actions were designed to consummate a business arrangement in which the manufacturer would profit financially by selling its product for use in a given state. 		Civil Procedure 2DCA/7 Jan. 24, 2019
Anderson-Barker v. Superior Court
Under California Public Records Act, petitioner had to show that the City had a right to control the data in question; thus, a right to access the data was insufficient. 		Public Records Act 2DCA/7 Jan. 24, 2019
People v. Taggart
The constructive custody inherent in the alternative custody program referred to as 'sheriff's parole,' involves relatively minimal physical constraint and is therefore insufficient to constitute lawful/actual custody under Section 4532(b)(1). 		Criminal Law and Procedure 5DCA Jan. 24, 2019
Harmoni International Spice v. Hume
Proximate cause under RICO claim adequately alleged by showing a direct causal link between defendants' alleged sham requests for an administrative review and plaintiffs' expenses incurred in responding to the review. 		International Law 9th Jan. 24, 2019
Zhang v. Jenevein
Recording conversations and using them in contractual arbitration are not protected activities under Code of Civil Procedure Section 425.16, since contractual arbitration is neither a judicial nor official proceeding authorized by law. 		Civil Procedure 2DCA/7 Jan. 24, 2019
Mackey v. Bd. of Trustees of the Cal. State University
Defendants did not meet burden to show lack of a triable issue as to whether plaintiffs suffered a materially adverse action under circumstances suggesting a racially discriminatory motive; thus, summary judgment reversed. 		Employment Discrimination 4DCA/1 Jan. 24, 2019
In re Marriage of Begian & Sarajian
Family Code Section 852(a) creates a presumption that transactions between spouses are not "transmutations," unless evidence in a transaction document definitively reveals the adversely affected spouse's intentions to transmute their property. 		Family Law 2DCA/3 Jan. 23, 2019
Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc.
A commercial sale to a third party requiring them to keep an invention confidential may place an invention "on sale" under 35 U. S. C. Section 102(a), thus barring it from being patented. 		Intellectual Property USSC Jan. 23, 2019
NY State Rifle & Pistol v. New York, NY
Order 		USSC Jan. 23, 2019
In re Volkswagen "Clean Diesel" Litigation
If Non-Class Counsel conduct pre-trial activities that do not materially drive settlement negotiations in a class action suit that settles, then they are not entitled to attorneys' fees. 		Attorneys 9th Jan. 23, 2019
Stillaguamish Tribe v. State of Washington
Tribe's assertion of tribal immunity in declaratory judgment pleading, in anticipation of threatened litigation, does not create subject matter jurisdiction. 		Civil Procedure 9th Jan. 23, 2019
Dogan v. Comanche Hills Apartments
'Jameson v. Desta' applies retroactively to cases not final on appeal; requires reversal and new trial in tort action where indigent litigant was denied court reporter fee waiver. 		Torts 4DCA/1 Jan. 23, 2019
Rall v. Tribune 365 LLC
A newspaper has a First Amendment right to publish or not to publish any story it chooses, in particularly a newspaper has the right to not publish a certain writer's work. 		Constitutional Law 2DCA/8 Jan. 22, 2019
Conservatorship of Ribal
Probate Code Section 859 limits liability to double damages, and any other remedies available in law, for people taking or disposing of property in a manner that constitutes financial elder abuse. 		probate_and_trusts 4DCA/3 Jan. 22, 2019
Rocky Mountain Farmers Union v. Corey
Claim that 2015 Low Carbon Fuel Standard violated Commerce Clause was precluded by prior decision in 'Rocky Mountain Farmers Union v. Corey;' controlling substance at crux of the case had not changed. 		Constitutional Law 9th Jan. 22, 2019
U.S. v. Spearman
Order 		9th Jan. 22, 2019
In re Clifford Allen Brace Jr.
Order 		CASC Jan. 18, 2019
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