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Name Category Published
Central Valley Hospitalists v. Dignity Health
A defendant must show that a complaint alleges acts arising from privileged activities in order to challenge a cause of action pursuant to an anti-SLAPP motion. 		Anti-SLAPP 1DCA/2 Jan. 11, 2018
Fong v. East West Bank
Summary judgment reversed where no rule prevents depositor from bringing conversion claim against his or her bank. 		Banking 1DCA/2 Jan. 11, 2018
In re Jonathan V.
Where People notice juvenile counsel of intent to request two-year restraining order for first time at trial setting conference, order may not at that time issue, for want adequate of notice and hearing. 		Juveniles 2DCA/7 Jan. 11, 2018
U.S. v. Hulen
Revocation of supervised release based on probationer admissions affirmed where revocation proceeding is not criminal case for purposes of Fifth Amendment right against self-incrimination. 		Criminal Law and Procedure 9th Jan. 11, 2018
Kristensen v. Credit Payment Services Inc.
Defendants not vicariously liable under ratification theory where party who violated Telephone Consumer Protection Act is not agent of defendant and did not purport to be agent. 		Consumer Law 9th Jan. 11, 2018
Friends of Animals v. U.S. Fish and Wildlife Service
Taking migratory birds for scientific purposes pursuant to the Migratory Bird Treaty Act without regard to same-species theory is consistent with the Act's implementation of the Mexico Convention. 		Animal Law 9th Jan. 11, 2018
Gomez-Velazco v. Sessions
Prejudice is not presumed when a non-citizen is able to consult with counsel prior to execution of a Section 1228(b) removal order, after being denied the right to counsel during an initial DHS interaction. 		Immigration 9th Jan. 11, 2018
In re Robinson
Civil detainees not entitled to return of confiscated contraband, particular where it is confiscated for safety concerns. 		Prisoners' Rights 5DCA Jan. 11, 2018
Labor and Workforce Development Agency v. Superior Court
Executive communications made during the decision-making process are protected from disclosure by the deliberative process privilege under 'Times Mirror Co.' 		Public Records Act 3DCA Jan. 10, 2018
Rasmussen v. Lazarus
Plea in abatement that wrongful death suit, brought prior to murder conviction, was premature is waived when not brought in initial answer. 		Civil Procedure 2DCA/8 Jan. 10, 2018
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 Jan. 10, 2018
Clews Land & Livestock, LLC v. City of San Diego
Plaintiffs challenging city approval of development project fail to exhaust administrative remedies where plaintiffs fail to appeal environmental determination of officer to city council. 		Municipal Law 4DCA/1 Jan. 10, 2018
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 Jan. 10, 2018
Gebhardt v. Duke
Adam Walsh Act applies where I-130 visa petition was filed, but pending, before Act was effectuated. 		Immigration 9th Jan. 10, 2018
Sanders v. Jones
Order 		USSC Jan. 9, 2018
White v. U.S.
Order 		USSC Jan. 9, 2018
Simers v. Los Angeles Times Communications, LLC
Imposing standard disciplinary actions on an employee does not constitute constructive discharge unless said actions involve continuous patterns of mistreatment or unusually aggravated working conditions. 		Employment Law 2DCA/8 Jan. 9, 2018
People v. Holzmann
Probation condition requiring defendant to stay away from location not unconstitutionally vague where requirement is simple and stated in plain language. 		Criminal Law and Procedure 6DCA Jan. 9, 2018
Tharpe v. Sellers
Racist statements by juror in sworn affidavit mandates reconsideration of whether juror's presence prejudiced murder defendant. 		Prisoners' Rights USSC Jan. 9, 2018
California Public Utilities Commission v. Federal Energy Regulatory Commission
Agency acts arbitrarily and capriciously where it bases its decision on its misinterpretation of its policy and thereby fails to provide reasoned explanation for departing from policy. 		Administrative Agencies 9th Jan. 9, 2018
Oracle USA Inc. v. Ramini Street Inc.
Copyright misuse doctrine does not preclude copyright owners from using conditions to control the use of copyrighted material. 		Copyright 9th Jan. 9, 2018
Medical Board of California v. Superior Court
More recent Business and Professions Code section provides blanket exemption allowing healing arts agencies to use arrest report information in disciplinary actions, notwithstanding seemingly conflicting Penal Code section. 		statutory_interpretation 1DCA/4 Jan. 9, 2018
Burkhalter Kessler Clement & George, LLP v. Hamilton
Attorney fees may be awarded to more than one prevailing party in breach of contract dispute. 		Civil Procedure 4DCA/3 Jan. 9, 2018
People v. Tua
On issue of first impression, enhancement that attaches to determinate sentence that is either stayed or runs concurrently with indeterminate term must, under those circumstances, be stayed or run concurrently. 		Criminal Law and Procedure 4DCA/1 Jan. 8, 2018
Stirling v. Brown
The California Military Whistleblower Protection Act does not require the Governor to take any particular action on a whistleblower allegation. 		statutory_interpretation 4DCA/3 Jan. 8, 2018
McBride v. Smith
Claim for prescriptive easement survives demurrer where pleading shows use was contrary to language in original recorded easement grant. 		Real Property 1DCA/4 Jan. 8, 2018
Sanchez v. Elizondo
Arbitration award should not be vacated by district court unless it is completely irrational. 		Arbitration 9th Jan. 8, 2018
Villavicencio v. Sessions
A non-citizen may not be deported under 8 U.S.C. Section 1227 for a state criminal violation if such violation is not a categorical match to the corresponding federal offense. 		Immigration 9th Jan. 8, 2018
Central Coast Forest Association v. Fish and Game Commission
Judgment overturning Fish and Game Commission decision denying petition to remove species from endangered species list reversed on remand where unrefuted evidence supports commission's decision. 		Environmental Law 3DCA Jan. 8, 2018
People v. Financial Casualty & Surety, Inc.
Penal Code section 977 entitles a misdemeanor defendant to have counsel appear at a probation violation hearing on their behalf until lawfully required to personally appear. 		Criminal Law and Procedure 4DCA/3 Jan. 8, 2018
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