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Name Category Published
Modification: 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. 12, 2018
Douglass v. Serenivision, Inc.
Party clearly, unmistakably consents to arbitration where party willfully participates in proceeding without objection, asks arbitrator to issue order, and tries to rescind participation after arbitrator denies request.
Arbitration 2DCA/2 Feb. 12, 2018
Arevalo v. Hennessy
Court errs by sua sponte deciding to abstain from considering habeas petition over unconstitutional bail process.
Constitutional Law 9th Feb. 12, 2018
Soto v. Unknown Sweetman
42 U.S.C. Section 1983 claim accrues when plaintiff knows or has reason to know of the injury that forms the basis of the action.
Prisoners' Rights 9th Feb. 12, 2018
Perez v. City of Roseville
Constitutional rights to privacy and intimate association are violated where police department takes adverse action against officer based on private sexual conduct without evidence of an impact on job performance.
Constitutional Law 9th Feb. 12, 2018
People v. Landaverde
Denial of motion to vacate guilty plea for failure of counsel to state immigration consequences of plea, in violation U.S. Supreme Court precedent, affirmed where case was final before that precedent.
Criminal Law and Procedure 2DCA/8 Feb. 9, 2018
Naidu v. Superior Court
Due process is violated if a court suspends a business license as a condition of bail without evidence showing the defendant poses a danger to the public if the license is active
Constitutional Law 4DCA/2 Feb. 9, 2018
Solus Industrial Innovations, LLC v. Superior Court
Claims brought under state unfair competition law and fair advertising law not preempted by federal OSHA where state submitted plan for occupational safety and health and it was federally approved.
statutory_interpretation 4DCA/3 Feb. 9, 2018
San Francisco Apartment Association v. City and County of San Francisco
Ordinance regulating landlords employing tenant buyout agreements does not violate federal or state constitutional law.
Constitutional Law 9th Feb. 9, 2018
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