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Name Category Published
People v. Martinez
Gang enhancement reversed where no evidence supports expert opinion that defendant was associate of gang in absence of inadmissible testimonial and non-testimonial hearsay. 		Criminal Law and Procedure 4DCA/2 Jan. 25, 2018
People v. Golden
Sexually Violent Predators committed to state hospitals lack reasonable expectation of privacy in their dormitories. 		Constitutional Law 5DCA Jan. 25, 2018
Communities for Better Environment v. State Energy Resources Conservation and Development Commission
Where request for declaratory judgment as to constitutionality of narrow judicial review provisions does not depend on particular factual basis, dismissal on ripeness grounds inappropriate. 		Environmental Law 1DCA/4 Jan. 24, 2018
In re Elizabeth M.
Order terminating parental rights remanded where child protective agency fails to adequately investigate claim of Indian ancestry. 		Juveniles 2DCA/7 Jan. 24, 2018
Khan v. Dunn-Edwards Corp.
Where PAGA notice to state agency and employer only references individual claim, it constitutes insufficient notice of intended class action. 		Labor Law 2DCA/8 Jan. 24, 2018
Land Partners, LLC v. County of Orange
Attorney fees are recoverable under Section 5152 if the failure of an assessor to apply a statute or regulation is based on a cognitive decision that said provision is invalid. 		Tax 4DCA/3 Jan. 24, 2018
Lippman v. City of Oakland
Judgment reversed where city violates California Building Code by authorizing single hearing officer, instead of appeals board, to hear appeal of citations administered by city building department. 		Municipal Law 1DCA/4 Jan. 24, 2018
MTC Financial, Inc. v. Nationstar Mortgage
A senior lienholder is not entitled to proceeds from a nonjudicial trustee sale of real property when a junior lienholder forecloses on a second deed of trust under Section 2924k 		Real Property 1DCA/3 Jan. 24, 2018
Gaynor v. Bulen
Though filing of petition is protected activity under anti-SLAPP statute, such motion fails where petition is evidence of underlying, unprotected breach of fiduciary duty. 		Anti-SLAPP 4DCA/1 Jan. 24, 2018
Batterton v. Dutra Group
Denial of motion to strike punitive damages for unseaworthiness affirmed where punitive damages are a remedy for unseaworthiness. 		Remedies 9th Jan. 24, 2018
In re Hyundai and Kia Fuel Economy Litigation
Where class representatives fail to show it is reasonable to assume that all members were exposed to misleading advertisements of defendants, reversal required. 		Civil Procedure 9th Jan. 24, 2018
Demaree v. Pederson
Qualified Immunity does not protect a government official when they violate an established right a reasonable person would know. 		Qualified Immunity 9th Jan. 24, 2018
Modification: Arave v. Merrill Lynch, Pierce, Fenner & Smith Inc.
Award of attorney fees to defense reversed where court fails to find claim frivolous. 		Labor Law 4DCA/2 Jan. 24, 2018
District of Columbia v. Wesby
Probable cause to arrest for unlawful entry exists where, under the totality of the circumstances, a reasonable officer would conclude a suspect knew they were on the premises without permission. 		Criminal Law and Procedure USSC Jan. 23, 2018
Artis v. District of Columbia
Tolling provision in 28 U.S.C. Section 1367(d) suspends the relevant statute of limitations period while a state claim is pending in federal court. 		Civil Procedure USSC Jan. 23, 2018
National Association of Manufacturers v. Department of Defense
Rule defining terms of Clean Water Act not within category requiring challenges to effluent limitation rules be brought in federal appellate court. 		Environmental Law USSC Jan. 23, 2018
Lloyd v. U.S.
Order 		USSC Jan. 23, 2018
Weyerhaeuser Co. v. Fish and Wildlife Service, et al.
Order 		USSC Jan. 23, 2018
People v. Huynh
Expert testimony regarding conduct of particular conduct is not subject to exclusion on hearsay grounds where such testimony is permissible background testimony. 		Criminal Law and Procedure 6DCA Jan. 23, 2018
Estate of Kerkorian
Probate court finding of good cause pursuant to an application of executor to participate in probate proceedings under Section 11704 subsumes that said participation is necessary under the Section. 		probate_and_trusts 2DCA/5 Jan. 23, 2018
Centex Homes v. St. Paul Fire and Marine Insurance Co.
Summary judgment upheld where insured fails to show triable issue of fact as to whether conflict of issue arose with counsel provided by insurer. 		Insurance 3DCA Jan. 23, 2018
U.S. v. Espinoza
Retrial necessary where court excluded evidence inculpating third-party based on incorrect standard. 		Criminal Law and Procedure 9th Jan. 23, 2018
CallerID4U v. MCI Communications Services
Absent an agreement, a competitive local exchange carrier (CLEC) may not bill an interexchange carrier for interstate access services under the Communications Act unless the CLEC has filed a FCC tariff. 		Utilities 9th Jan. 23, 2018
Amended Opinion: U.S. v. Kleinman
Defendant unsuccessful in challenging convictions relating to conspiracy to distribute marijuana arising out of purported medical marijuana collective. 		Administrative Agencies 9th Jan. 23, 2018
People v. Robbins
Court does not err in failing to instruct jury on heat of passion voluntary manslaughter where ordinary, sober person of average disposition would not have acted rashly in response to actions of victim. 		Criminal Law and Procedure 4DCA/2 Jan. 22, 2018
Jones v. Wang
Order 		9th Jan. 22, 2018
Trump v. Hawaii
Order 		USSC Jan. 22, 2018
Facebook v. Superior Court (Touchstone)
Order 		4DCA/1 Jan. 19, 2018
People v. Arevalo
Imposing a probation condition which limits certain constitutional rights is proper if reasonably necessary to both rehabilitate the probationer, and protect public safety. 		Criminal Law and Procedure 4DCA/3 Jan. 19, 2018
McMillin Albany LLC v. Superior Court
Claims arising from residential construction which seek recovery for defect damages as contemplated by the Right to Repair Act are subject to the prelitigation procedures entailed in Act. 		Torts 5DCA Jan. 19, 2018
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