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Auburn Woods I Homeowners Assn. v. State Farm General Insurance Co.
Pretrial offer to compromise was effective to trigger cost shifting under Code of Civil Procedure Section 998.
Civil Procedure 3DCA Oct. 30, 2020
Midwest Motor Supply Co. v. Superior Court (Finch)
Labor Code Section 925 unambiguously permits employees to void forum-selection clauses in contracts modified on or after January 1, 2017.
Labor Law 1DCA/4 Oct. 30, 2020
Amended Opinion: Nutrition Distribution v. IronMag Labs
Appeal was untimely as to district court's judgment because motion for attorneys' fees did not extend time to appeal, and district court did not enter order extending time pursuant to Rule 58.
Civil Procedure 9th Oct. 30, 2020
Bristol-Myers Squibb v. Connors
District court properly abstained from exercising jurisdiction over state civil enforcement action brought by Attorney General seeking civil penalties for violation of Hawai'i consumer protection law.
Constitutional Law 9th Oct. 30, 2020
Amended Opinion: Frlekin v. Apple
Employees' time spent on employer's premises waiting for and undergoing required exit searches of packages, bags, or personal technology devices voluntarily brought to work for personal convenience was compensable as 'hours worked.'
Labor Law 9th Oct. 30, 2020
MES Investments, LLC v. Dadson Washer Service, Inc.
Trial court correctly concluded Civil Code Section 1945.5 did not apply to defendant's laundry room lease because it was residential real property.
Real Property 2DCA/3 Oct. 29, 2020
People v. Jones
Pre-'People v. Banks/Clark' special circumstance finding renders petitioners ineligible for relief under Penal Code Section 1170.95 as a matter of law.
statutory_interpretation 4DCA/2 Oct. 29, 2020
Tilkey v. Allstate Insurance Co.
Substantial evidence supported jury's finding that plaintiff was compelled to self-publish defendant's defamatory statement.
Torts 4DCA/1 Oct. 29, 2020
Michael S. Yu, a Law Corp. v. Superior Court (Bank of the West)
Trial court had no authority to review the consensual referee's decisions before entering judgment on them.
statutory_interpretation 2DCA/3 Oct. 29, 2020
U.S. v. Singh
There was insufficient evidence that appellant willfully caused general mayoral election campaign to file falsified reports.
statutory_interpretation 9th Oct. 29, 2020
Lam v. U.S.
Federal Tort Claims Act's Discretionary Function Exception applied to bar claims based on park rangers' decisions as to tree maintenance.
Torts 9th Oct. 29, 2020
Velasquez-Rios v. Barr
Amendment to California Penal Code Section 18.5 which retroactively reduced maximum misdemeanor sentence to 364 days, cannot be applied retroactively for purposes of removability under 8 U.S.C. Section 1227(a)(2)(A)(i).
Immigration 9th Oct. 29, 2020
Modification: County of Sonoma v. U.S. Bank N.A.
Trial court was authorized under Health and Safety Code Section 17980.7 and Code of Civil Procedure Section 564 to issue receiver's certificate, secured by super-priority lien, to ameliorate nuisance conditions on property.
Real Property 1DCA/1 Oct. 29, 2020
RGC Gaslamp v. Ehmcke Sheet Metal Co.
Trial court properly granted defendant's anti-SLAPP motion because the filing of defendant's mechanic's lien constituted protected activity.
Anti-SLAPP 4DCA/1 Oct. 28, 2020
Democratic National Committee v. Wisconsin State Legislature
Order
USSC Oct. 28, 2020
Tiburon/Belvedere Residents United to Support the Trails v. Martha Co.
Substantial evidence supported the trial court's finding that defendant's attempts to deter trespassers on its 110 acres of undeveloped land showed it did not acquiesce to public dedication.
Real Property 1DCA/5 Oct. 28, 2020
People v. Barton
Student was psychologically coerced into submitting to defendant's lewd acts because he knew that if he failed to do so, he would suffer significant hardship.
Criminal Law and Procedure 4DCA/1 Oct. 28, 2020
Dix v. Live Nation Entertainment, Inc.
Because of its special relationship with festival attendees, an operator of electronic music festivals like defendant owes a duty of reasonable care to festival attendees.
Torts 2DCA/7 Oct. 28, 2020
Chacon v. Union Pacific Railroad
Release of Federal Employers' Liability Act claim is valid only to extent that it applies to bargained-for settlement of known claim for specific injury.
statutory_interpretation 2DCA/2 Oct. 28, 2020
People v. Shaw
No abuse of discretion in trial court's decision not to strike defendant's five-year enhancement imposed under Penal Code Section 667(a)(1).
Criminal Law and Procedure 4DCA/1 Oct. 28, 2020
Truck Insurance Exchange v. AMCO Insurance Co.
Because liability arose from restaurant's use of premises, landlords were additional insureds under restaurant's insurance policy; thus, landlord's insurer was entitled to equitable contribution.
Insurance 2DCA/4 Oct. 28, 2020
Cortesluna v. Leon
Genuine issue of fact existed as to whether defendant used excessive force in kneeling on plaintiff's back when plaintiff was lying face down after being struck by beanbag rounds.
Civil Rights 9th Oct. 28, 2020
Amended Opinion: Monzon v. City of Murrieta
District court properly granted defendant's summary judgment motion because police officer's use of deadly force was reasonable.
Civil Rights 9th Oct. 28, 2020
Bliss v. Corecivic Inc.
Each interception of privileged phone calls was a separate violation of Wiretap Act, thus triggering new statute of limitations.
statutory_interpretation 9th Oct. 28, 2020
Modification: Gruber v. Yelp Inc.
Penal Code Sections 632 and 637.2 are primarily intended to protect the privacy of the communications of California residents, and therefore, apply to all recordings of such communications--whether one-sided or two-sided.
Civil Procedure 1DCA/3 Oct. 27, 2020
Lares v. Los Angeles County Metropolitan
Trial court properly granted summary judgment in favor of defendant because defendant did not violate California Family Rights Act.
Employment Law 2DCA/4 Oct. 27, 2020
In re J.W.
Trial court properly admitted officer's testimony regarding minor's answers to booking questions about his age and date of birth because it fell under routine booking question exception to 'Miranda' warnings.
Juveniles 2DCA/2 Oct. 27, 2020
Santana v. FCA US, LLC
There was no evidence defendant was aware of vehicle's defect until after plaintiff purchased his vehicle, and thus no evidence that defendant concealed it.
Remedies 4DCA/3 Oct. 27, 2020
Lacayo v. Superior Court (People)
Trial court erred in ruling that particularized good cause showing could justify extending defendant's preliminary hearing beyond 60 days.
Criminal Law and Procedure 1DCA/3 Oct. 27, 2020
Tellez v. Superior Court
Because Legislature intended DUI offenses to be ineligible for mental health diversion, Vehicle Code Section 23640 controls over Penal Code Section 1001.36.
statutory_interpretation 4DCA/2 Oct. 27, 2020