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Beames v. City of Visalia
A municipality's failure to provide an adequate administrative appeals process can be a due process violation under 42 U.S.C. Section 1983, entitling the plaintiff to attorney fees under Section 1988. 		Civil Rights 5DCA Dec. 23, 2019
City of Desert Hot Springs v. Valenti
Trial court applied improper legal standard to City's motion for appointment of receiver for nuisance by not addressing requirements in Health and Safety Code Section 17980.7(c), and instead addressing plan's economic viability. 		Torts 4DCA/2 Dec. 23, 2019
SF Urban Forest Coalition v. City and County of San Francisco
A 'local agency' created pursuant to a state statute is a state agency, not an agency of the local municipality; thus, it need not comply with local public access rules. 		Administrative Agencies 1DCA/1 Dec. 23, 2019
Wilson v. Huuuge Inc.
App user did not have constructive notice of terms of use, which contained arbitration clause, because terms were 'buried twenty thousand leagues under the sea.' 		Arbitration 9th Dec. 23, 2019
Amended Opinion: Pacific Coast Federation of Fishermen's Associations v. Glaser
District court erred by interpreting 'entirely' to mean 'majority,' in Clean Water Act's exemption to permitting requirement, and error was but-for cause of dismissal of plaintiff's claim; thus, dismissal was reversed. 		Water Rights 9th Dec. 23, 2019
Columbia Riverkeeper v. Wheeler
Constructive submission found where state failed over long period of time to submit 'total maximum daily loads' under Clean Water Act, and clearly and unambiguously decided not to submit any TMDL. 		Environmental Law 9th Dec. 23, 2019
Smith v. LoanMe, Inc.
Privacy Act not violated when a phone conversation was recorded by loan business with non-consenting caller because statute only prohibits eavesdroppers from recording calls. 		Civil Procedure 4DCA/2 Dec. 23, 2019
U.S. v. Lozoya
Order 		9th Dec. 23, 2019
Modification: United Artists Theater Circuit v. Regional Water Quality Control Board
Prior owner may be named in cleanup order as one who 'permitted' discharge if it knew or should have known that lessee's activity presented a reasonable possibility of hazardous waste discharge. 		Environmental Law 1DCA/5 Dec. 20, 2019
Rall v. Tribune 365, LLC
Police investigation report published in newspaper privileged and protected against defamation suit since report was a fair and true report of a public issue. 		Anti-SLAPP 2DCA/8 Dec. 20, 2019
Citizens for Positive Growth & Preservation v. City of Sacramento
A city's development plan facially comports with Government Code Section 65300.5 if it is internally consistent; challengers must bring an as-applied challenge when the city actually deviates from the plan. 		Government 3DCA Dec. 20, 2019
PG&E "San Bruno Fire" Cases
A settlement agreement's single sentence waiver is sufficient to quash a subsequent appeal of an attorney fee allocation; challengers must object to the allocation before final approval. 		Civil Procedure 1DCA/3 Dec. 20, 2019
California School Boards Association v. State of California
Legislature acted within its authority when it enacted two statutes directing use of previously nonmandate state funding to prospectively cover the costs of the existing mandates. 		Education CASC Dec. 20, 2019
Safeway Wage and Hour Cases
A task does not become exempt merely because manager undertakes it in order to contribute to smooth functioning of store; trial courts must inform jury of limiting principles. 		Labor Law 2DCA/4 Dec. 20, 2019
Doe v. Dept. of Corrections and Rehabilitation
Employer not in violation of FEHA by failing to provide accommodations because employee failed to disclose known disability and limitations. 		Civil Procedure 4DCA/2 Dec. 20, 2019
Our Lady of Guadalupe School v. Morrissey-Berru
Order 		USSC Dec. 19, 2019
St. James School v. Biel
Order 		USSC Dec. 19, 2019
Torres v. Madrid
Order 		USSC Dec. 19, 2019
Chicago, IL v. Fulton
Order 		USSC Dec. 19, 2019
Pereida v. Barr
Order 		USSC Dec. 19, 2019
Modification: Jackson v. LegalMatch.com
Under Business and Professions Code Section 6155, referral occurs when entity engages in act of directing or sending potential client to attorney; thus, LegalMatch engaged in referral activity. 		Attorneys 1DCA/4 Dec. 19, 2019
Modification: O&C Creditors Group, LLC v. Stephens & Stephens XII, LLC
California's Anti-SLAPP statute protects the dispersal of settlement funds pursuant to active litigation; a lienhold challenger must demonstrate a likelihood of success on the merits to overcome an Anti-SLAPP motion. 		Anti-SLAPP 1DCA/4 Dec. 19, 2019
Riley v. Alameda County Sheriff's Office
Sheriff's Office immune from liability for injuries arising from vehicular pursuit, because Sheriff had in place policy regarding such pursuits that included required training. 		Government 1DCA/5 Dec. 19, 2019
County of Yolo v. American Surety Co.
The court may eschew immediate bail forfeiture in favor of a reasonable continuance if it finds the defendant has a sufficient excuse for their non-appearance. 		Criminal Law and Procedure 3DCA Dec. 19, 2019
People v. Zaldana
'One Strike Law' mandates defendant's previous unauthorized sentence be increased to five 25-years-to-life terms because of multiple underage victims. 		Criminal Law and Procedure 2DCA/8 Dec. 19, 2019
People v. Ramirez
A prosecutor's closing argument characterization of the defense theory as unreasonable is permissible; it does not suggest the jury need not find the defendant guilty beyond a reasonable doubt. 		Criminal Law and Procedure 5DCA Dec. 19, 2019
McDermott Ranch v. Connolly Ranch
Trial court carefully evaluated trustworthiness of evidence, including evidence of declarant's stake in outcome of dispute; thus, hearsay statements under Evidence Code Section 1323 were admissible. 		Evidence 3DCA Dec. 19, 2019
Visalia Unified School Dist. v. Superior Court (Tulare)
Education Code 44114 protects reporting employees from retaliation but Government Code 818 still prohibits punitive damage suit against public school district. 		Civil Procedure 5DCA Dec. 19, 2019
In re William M.W.
Social Services Agency can meet its discovery obligations under California Rule of Court 5.546 by making all discoverable materials available for inspection and copying. 		Dependency 1DCA/1 Dec. 19, 2019
Kayer v. Ryan
Order 		9th Dec. 19, 2019
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