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Name Category Published
American Civil Liberties Union v. U.S. Department of Justice
Court order requiring Department of Justice to release sections of USABook partially reversed where parts of sections contain attorney work product exempt from disclosure.
Public Records Act 9th Jan. 19, 2018
Wishnev v. Northwestern Mutual
Order
9th Jan. 19, 2018
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 Jan. 18, 2018
Bustos v. Global P.E.T.
Court appropriately exercises discretion to deny plaintiff attorney fees even though plaintiff suffered adverse employment decision in which discrimination was a motivating factor
Employment Law 4DCA/2 Jan. 18, 2018
People v. Mullins
Permitted access of customer to her account while using card at a bank ATM constitutes constructive possession of funds for purposes of the robbery statute.
Criminal Law and Procedure 3DCA Jan. 18, 2018
People v. Ovieda
Community caretaker exception to warrant requirement applies where officer entered home of reportedly suicidal man to ensure safety of persons inside.
Criminal Law and Procedure 2DCA/6 Jan. 18, 2018
Erotic Service Provider Legal Education and Research Project v. Gascon
There is no fundamental liberty interest in private, consensual sex between adults that extends to prostitution.
Constitutional Law 9th Jan. 18, 2018
3123 SMB LLC v. Horn
Dismissal for lack of diversity jurisdiction reversed where recently-formed holding company is deemed to have its principal place of business in state where company holds its board meetings.
Civil Procedure 9th Jan. 18, 2018
Duran v. U.S. Bank National Association
High error rate and small sample size render statistical survey supporting class certification motion unreliable, supports denial of certification.
Employment Law 1DCA/1 Jan. 18, 2018
People v. Saldana
Court errs in admitting confession into evidence where it was obtained after defendant was taken into custody and questioned without receiving Miranda warning.
Criminal Law and Procedure 4DCA/1 Jan. 17, 2018
City of Long Beach v. City of Los Angeles
Under the California Environmental Quality Act, an environmental impact report must analyze reasonably foreseeable indirect physical changes in the environment which may be caused by a construction project.
Environmental Law 1DCA/3 Jan. 17, 2018
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 Jan. 17, 2018
Galilea v. AGSC Marine Insurance Co.
Montana law is not preserved from preemption under federal maritime law and, thus, the Federal Arbitration Act applies to a maritime insurance contract.
Maritime Law 9th Jan. 17, 2018
U.S. v. Brown
Judgment vacated and remanded where court errs in determining that state conspiracy statute categorically matches federal statute.
Criminal Law and Procedure 9th Jan. 17, 2018
People v. Zabala
Where statutory amendment eliminates basis for sentencing enhancement, enhancement vacated.
Criminal Law and Procedure 6DCA Jan. 16, 2018
People v. Almeda
Trial court that admits informant testimony about confessions of defendant does not err where informant did not act under government direction pursuant to preexisting agreement.
Criminal Law and Procedure 3DCA Jan. 16, 2018
Martinez v. Deptartment of Health Care Services
Noneconomic damages may not exceed the maximum under MICRA where medical and noneconomic costs in a medical malpractice tort settlement are not allocated.
Torts 2DCA/6 Jan. 16, 2018
Heron Bay Homeowners Association v. City of San Leandro
Not abuse of discretion to award attorney fees under public interest litigation statute where plaintiffs brought suit arguably for private financial interest.
Environmental Law 1DCA/4 Jan. 16, 2018
Golden Eagle Land Investment v. Rancho Santa Fe Association
Conduct regarding an issue of public interest when participating in the government entitlement process affecting property is an act in furtherance of the right to free speech under the anti SLAPP statute.
Anti-SLAPP 4DCA/1 Jan. 16, 2018
Cook v. Harding
Court wrongfully abstains under Younger v. Harris where plaintiff's action is neither civil enforcement proceeding nor involves state interest in enforcing the orders and judgments of its courts.
Constitutional Law 9th Jan. 16, 2018
Duggan v. CIR
The Tax Court does not have jurisdiction to hear petition of taxpayer for review of an I.R.S. determination under Section 6330(d)(1) outside of the prescribed thirty-day deadline.
Tax 9th Jan. 16, 2018
Amended Opinion: Poyson v. Ryan
Arizona courts do not fail to consider defendant's history of substance abuse as factor in mitigating death sentence for commission of multiple murders.
Criminal Law and Procedure 9th Jan. 16, 2018
Patricia A. Murray Dental Corp. v. Dentsply International, Inc.
Evidence supports ruling that class of dentists were not likely to be misled by sued-over directions on medical device.
Evidence 1DCA/4 Jan. 12, 2018
ABM Industries Overtime Cases
Abuse of discretion for trial court to exclude expert witness in time and hour class action who demonstrated experience in analyzing databases to discover timekeeping abuses.
Labor Law 1DCA/4 Jan. 12, 2018
Modification: In re A.O.
Where most recent admitted or proved charged against minor not within certain statutory provisions, commitment to state facilities not statutorily permitted.
Juveniles 2DCA/6 Jan. 12, 2018
Christensen v. Lightbourne
Order
1DCA/2 Jan. 12, 2018
Melendez v. San Francisco Baseball Associates
Order
1DCA/3 Jan. 12, 2018
Medical Acquisition Company v. Superior Court
A court has discretion in an eminent domain proceeding under CCP Section 1268.140 to impose an undertaking on a post-judgment withdrawal of a quick take provision deposit.
Eminent Domain 4DCA/1 Jan. 12, 2018
Amended Opinion: U.S. v. Wells
Expert testimony providing profile of person likely to commit crime charged, so as to compare profile to defendant's character, is inherently prejudicial, requires reversal of murder conviction.
Criminal Law and Procedure 9th Jan. 12, 2018
U.S. v. Depue
Court does not abuse its discretion where court dismisses juror during deliberations based on his material problem that was unrelated to the his views on case merits.
Criminal Law and Procedure 9th Jan. 12, 2018