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In re Travis C.
Court properly assumed jurisdiction over child under Welfare and Institutions Code 300(b)(1) where mother’s mental illness created ‘substantial risk’ of serious physical harm
Juveniles California Courts of Appeal Aug. 4, 2017
Esparza v. KS Industries L.P.
In employment dispute, PAGA claims seeking civil penalties are not subject to arbitration whereas claims to recover wages under Labor Code Section 558 are subject to arbitration.
Arbitration California Courts of Appeal Aug. 4, 2017
People v. Echavarria
First-degree murder conviction overturned due to juror misconduct where several jurors discussed extraneous information concerning sufficient punishment for defendant during guilt phase of trial.
Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
Barnes v. Federal Aviation Administration
Opponents of new runway construction at Oregon airport unsuccessful in obtaining petition for review of FAA’s finding that runway would have no significant impact on environment.
Administrative Agencies 9th Aug. 4, 2017
Mendoza v. Nordstrom
An employee is entitled to one day of rest per each seven day work week; ‘consecutive days of work that stretch across more than one work week are not per se prohibited.’
Labor Law 9th Aug. 4, 2017
Conservatorship of K.W.
In case involving appointment of conservatorship, permitting jury to consider case-specific hearsay testimony of psychiatrist violates ‘Sanchez,’ but reversal not warranted where error is harmless.
Conservatorship California Courts of Appeal Aug. 4, 2017
People v. Gandy
Upon reconsideration, defendant still unsuccessful in challenging prior out-of-state convictions, where plea was voluntary and intelligent under totality of the circumstances.
Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
Modification: People v. Roberts
Answers regarding gang affiliation elicited during arrest intake, prior to 'Miranda' warnings, may not be admitted to substantiate gang affiliation enhancement.
Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
Amended Opinion: Window Rock Unified School District v. Reeves
Tribal proceedings improperly halted where Navajo Nation Labor Commission probably had jurisdiction over employment-related claims against school districts operating on leased tribal land.
Native American Affairs 9th Aug. 4, 2017
In re L.L.
Uniform Parentage Act Section 7612(c) applies where there is an existing relationship between third parent and a child, and when recognizing only two parents would be detrimental to a child.
Juveniles California Courts of Appeal Aug. 4, 2017
Villa v. Maricopa County
Dismissal of putative class action brought against state actors challenging Arizona’s wiretapping statute upheld, albeit on different grounds.
Civil Rights 9th Aug. 3, 2017
Goncalves v. Rady Childrens Hospital San Diego
In resolving dispute over whether insured’s motion to expunge insurance carrier’s subrogation lien is properly in state or federal court, remand reversed because action properly filed in federal court.
Civil Procedure 9th Aug. 3, 2017
People v. Singh
A court may consider the credibility and materiality of newly discovered evidence when ruling on a retrial motion that is based on new evidence.
Criminal Law and Procedure California Courts of Appeal Aug. 3, 2017
J.C., a Minor
Lifetime sex offender registration for juvenile based on commission of sodomy on a five-year-old victim, does not constitute cruel and unusual punishment.
Juveniles California Courts of Appeal Aug. 3, 2017
Baker v. Italian Maple Holdings LLC
Arbitration agreement containing statutory ‘cooling off’ period is effective immediately upon execution; signatory’s death occurring before period does not render agreement unenforceable absent other grounds.
Arbitration California Courts of Appeal Aug. 2, 2017
Modification: I.F., a Minor
Juvenile's motion to seal records erroneously denied where court applied former statute instead of statute that governed such motions at time it finally decided motion.
Juveniles California Courts of Appeal Aug. 2, 2017
Kaiser Foundation Health Plan Inc. v. Superior Court (Prime Healthcare La Palma LLC)
Judgment confirming arbitration panel’s partial final award is not appealable, resulting in peremptory writ of mandate directing trial court to vacate judgment.
Civil Procedure California Courts of Appeal Aug. 2, 2017
S.V. v. Superior Court (Harris)
There is no statutory exception that allows juvenile court to release minor’s sealed delinquency file to third party criminal defendant accused of pimping her.
Juveniles California Courts of Appeal Aug. 2, 2017
Mull v. Motion Picture Industry Health Plan
Reimbursement, recoupment provisions outlined in Summary Plan Description are part of ERISA plan by ‘clear design’ and district court errs in concluding otherwise.
Civil Procedure 9th Aug. 2, 2017
Andrews v. Davis
In superseding opinion Ninth Circuit again rejects habeas prisoner's ineffective assistance of counsel claim, resulting in reversal of district court’s grant of relief on that issue.
Prisoners' Rights 9th Aug. 2, 2017
Lamear v. Berryhill
Administrative law judge must ask expert to reconcile apparent conflicts between expert’s testimony and requirements listed in the ‘Dictionary of Occupational Titles.’
Administrative Agencies 9th Aug. 2, 2017
Alliance for the Wild Rockies v. Pena
Forest project opponent properly denied preliminary injunction where plaintiff failed to demonstrate ‘serious questions’ on its environmental claims under sliding scale variant of ‘Winters’ standard.
Environmental Law 9th Aug. 2, 2017
Clabourne v. Ryan
Order
Prisoners' Rights 9th Aug. 2, 2017
Marriage of Kumar
In divorce proceeding, sponsored immigrant spouse has standing to enforce support obligation created by immigration form I-864 affidavit of support signed by sponsoring spouse.
Family Law California Courts of Appeal Aug. 1, 2017
Rush v. White Corp.
Trial court does not abuse its discretion in granting defendants’ motion for summary judgment based on plaintiffs’ non-complying separate statement.
Civil Procedure California Courts of Appeal Aug. 1, 2017
Beachcomber Management Crystal Cove v. Superior Court
Successive representation rules generally do not bar attorney from continuing to represent insider of closely held company in a derivative lawsuit pursuant to ‘Forrest v. Baeza.’
Attorneys California Courts of Appeal Aug. 1, 2017
USA V. Leon Seminole
Court may compel a spouse to testify against his or her spouse where testifying spouse is a victim of defendant’s crime.
Criminal Law and Procedure 9th Aug. 1, 2017
Fuller v. Idaho Dept. of Corrections
Idaho Department of Corrections (IDOC) officer raped by co-worker successful in challenging grant of summary judgment in IDOC’s favor on hostile work environment claim.
Employment Discrimination 9th Aug. 1, 2017
Mountain Air Enterprises LLC v. Sundowner Towers LLC
Assertion of affirmative defense does not equate to ‘action’ for purposes of recovering attorney fees; but prevailing party nevertheless entitled to fees where assertion implicated agreement’s attorney fees provision.
Contracts CASC Aug. 1, 2017
In re Mainline Equipment Inc.
BAP properly allows Chapter 11 debtor in possession to avoid county’s lien on its personal property, where county fails to perfect lien as against bona fide purchaser.
Bankruptcy 9th Aug. 1, 2017