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Name Category Published
USA v. Valdivia-Flores
Judgment denying defendant's collateral attack on deportation order reversed where defendant is deprived of due process and where removal order prejudices defendant by incorrectly classifying defendant's conviction. 		Immigration 9th Dec. 8, 2017
People v. Henriquez
Where racial under-representation in jury pool is not result of systematic exclusion of a distinctive group in the community, 'fair cross-section' challenge fails. 		Criminal Law and Procedure CASC Dec. 8, 2017
French v. Jones
Montana's campaign-speech rule, which prohibited judicial candidates from seeking or using political endorsements in their campaign, does not run afoul of First Amendment. 		Civil Rights 9th Dec. 8, 2017
ITV Gurney Holdings Inc. v. Gurney
Reinstatement of former CEOs as managers of company's day-to-day operations erroneous based on faulty interpretation of employment and operating agreements. 		Civil Procedure 2DCA/1 Dec. 7, 2017
Monterey Coastkeeper v. Monterey County Water Resources Agency
Order requiring water resources agency to file requisite waste discharge report reversed where petitioner fails to exhaust its administrative remedies. 		Administrative Agencies 6DCA Dec. 7, 2017
U.S. v. Diaz
Expert testimony not impermissible legal opinion where expert's terms have no specialized legal meaning and do not 'instruct the jury on law or how to apply law.' 		Evidence 9th Dec. 7, 2017
Rowland v. Chappell
Tardy retention of expert during penalty phase constitutes deficient assistance of trial counsel but does not warrant reversal of convictions in absence of prejudice. 		Prisoners' Rights 9th Dec. 7, 2017
Skillin v. Rady Children's Hospital-San Diego
ERISA preempts former employee's claims under Labor Code against employer for changing way it deducts employee contribution for pension benefits. 		Employment Law 4DCA/1 Dec. 7, 2017
People v. Gallardo
It is prejudicial error to admit into evidence a co-defendant's statement made against their penal interest inculpating other co-defendants where close evidentiary questions otherwise exist. 		Evidence 2DCA/7 Dec. 7, 2017
Dept. of Forestry and Fire Protection v. Howell
Dismissal of case designated as complex litigation reversed where court procedure requiring plaintiffs to make prima facie showing deprives plaintiffs of due process rights. 		Civil Procedure 3DCA Dec. 7, 2017
Center for Biological Diversity et al. v. California Department of Fish and Wildlife
A court's partial decertification of an environmental impact report, including leaving some project approvals in place, is permissible under the California Environmental Quality Act. 		Environmental Law 2DCA/5 Dec. 6, 2017
People v. Suarez
Proposition 57, which would entitle juvenile offender to conditional reversal and remand for 'fitness hearing,' does not apply retroactively to juvenile homicide offender where juvenile's appeal is not yet final on appeal. 		Criminal Law and Procedure 5DCA Dec. 6, 2017
Noel v. Thrifty Payless, Inc.
To certify a class brought under Unfair Competition and False Advertising law, the means of identifying potential class members must be articulated and supported with evidence. 		Consumer Law 1DCA/4 Dec. 6, 2017
Gonzalez v. City of Norwalk
Sustained demurrer affirmed where city ordinance applies existing, approved tax and thereby does not 'impose, extend, or increase taxes' without voter approval. 		Municipal Law 2DCA/3 Dec. 6, 2017
Priscila N. v. Leonardo G.
A domestic violence restraining order issued under the Welfare and Institutions Code is 'issued' under the Domestic Violence Protection Act for purposes of renewal under the Family Code. 		Family Law 2DCA/4 Dec. 5, 2017
Bartholomew v. YouTube, LLC
Demurrer affirmed where plaintiff fails to show that allegedly libelous statements referenced plaintiff. 		Civil Procedure 6DCA Dec. 5, 2017
Navajo Nation v. Dept. of the Interior
Navajo Nation's breach of trust claim challenging Dept. of Interior's new guidelines regarding allocation of Colorado River water in light of unprecedented drought improperly dismissed. 		Native American Affairs 9th Dec. 5, 2017
In re Martinez
Denial of habeas petition reversed and remanded where reviewing court cannot find beyond reasonable doubt that jury relied on legally valid theory to convict defendant of first degree murder. 		Criminal Law and Procedure 4DCA/1 Dec. 5, 2017
City of San Buenaventura v. United Water Conservation District
The groundwater charge authorized by Water Code Section 75522 is not a charge for a 'property-related service' within the scope of Prop. 218. 		Government 2DCA/6 Dec. 5, 2017
U.S. v. Murillo-Alvarado
A conviction of possession for sale of a controlled substance under Health and Safety Code Section 11351 may be held to be a drug trafficking offense under federal sentencing guidelines. 		Criminal Law and Procedure 9th Dec. 5, 2017
Fettgather v. Board of Psychology
No violation of due process where trial court does not consider, when upholding license revocation, licensing agency's justification for ordering psychologist to undergo mental evaluation. 		Administrative Agencies 3DCA Dec. 5, 2017
In re H.C.
Termination of nonminor dependency case reversed where marriage of nonminor dependent does not affect his or her eligibility for extended foster care. 		Dependency 4DCA/1 Dec. 5, 2017
In re Marriage of Vargas and Ross
Order granting father primary custody over children contrary to Family Code Section 3047, which requires reinstatement of status quo following mother's return from deployment. 		Family Law 3DCA Dec. 5, 2017
Santos v. Los Angeles Unified School District
Summary judgment improperly granted where triable issue of fact exists as to whether LAUSD misled car crash plaintiffs about responsible vehicle's ownership, and thereby forfeited Government Claims Act noncompliance defense. 		Government 2DCA/4 Dec. 4, 2017
The International Brotherhood of Boilermakers etc. v. NASSCO etc.
California WARN Act’s provision requiring employers to notify employees affected by mass layoff before laying off employees applies to temporary layoff lasting less than six months. 		Labor Law 4DCA/1 Dec. 4, 2017
Marriage of Steiner
Federal law allowing service members 'unfettered freedom' to select and change insurance beneficiaries preempts state court order requiring husband to maintain ex-wife as beneficiary. 		Constitutional Law 4DCA/1 Dec. 4, 2017
The National Grange of the Order etc. v. The California Guild
Declaration that local suspended fraternity must transfer its property to newly chartered local fraternity affirmed where neutral-principles approach to resolving property disputes supports declaration. 		Real Property 3DCA Dec. 4, 2017
Santa Clara Waste Water Co. v. County of Ventura etc.
County's Environmental Health Division entitled to anti-SLAPP protection when it seeks to relay information regarding hazardous materials to the district attorney. 		Anti-SLAPP 2DCA/6 Dec. 4, 2017
Marriage of Dalgleish and Selvaggio
Equalization payment interest may accrue at time of dissolution judgment, though appraisal of real property at issue sets sum certain only at a date several years later. 		Family Law 2DCA/1 Dec. 4, 2017
State Farm General Insurance Co. v. Watts Regulator Co.
A previous right to compulsory arbitration does not become vested when the parties agree to become bound by new arbitration guidelines to the contrary. 		Arbitration 2DCA/8 Dec. 4, 2017
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