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Amended Opinion: Salazar v. McDonald's Corp.
Because franchisor did not retain control of day-to-day aspects of work at franchises, and merely asserted quality control, franchisor was not a joint employer of franchisee.
Employment Law 9th Dec. 12, 2019
Blight v. City of Manteca
Probable cause exists to search another person's home located on a larger property if there is reason to believe the defendant controls the entire parcel or criminality pervades the parcel.
Criminal Law and Procedure 9th Dec. 12, 2019
Qiu v. Barr
Agency's reasons for adverse credibility finding was not supported by substantial evidence; thus, petition for review of Board of Immigration Appeals' decision affirming denial of asylum granted.
Immigration 9th Dec. 12, 2019
Murphy v. SFBSC Management
District court erroneously applied presumption of fairness to settlement agreement and failed to investigate or adequately address numerous issues apparent in the settlement.
Civil Procedure 9th Dec. 12, 2019
Modification: People v. Chubbuck
A vehicle is defined by its potential to be driven on the highway; thus, a defendant who drove farm equipment capable of highway travel - even if not intended for it - cannot escape Vehicle Code Section 10851.
Criminal Law and Procedure 4DCA/2 Dec. 12, 2019
Rotkiske v. Klemm
Fair Debt Collection Practices Act statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered.
Civil Procedure USSC Dec. 11, 2019
Long Beach Unified School Dist. v. Margaret Williams, LLC
Anti-SLAPP motion properly granted by trial court due to cross-claims arising out of protected activity, and the challenged claims lacking legal sufficiency due to unconscionability of a disputed indemnity provision.
Anti-SLAPP 2DCA/4 Dec. 11, 2019
D.W. v. Superior Court (Los Angeles)
Proposition 57 did not relieve the People of their duty to make a prima facie showing that a juvenile actually committed the charged offense when seeking transfer to adult court.
Juveniles 2DCA/8 Dec. 11, 2019
Cuviello v. City of Vallejo
Although City's permit requirement for use of sound-amplifying devices furthered City's significant interests, it was not narrowly tailored because it covered substantially more speech than necessary to achieve those interests.
Constitutional Law 9th Dec. 11, 2019
People v. Howell
Senate Bill 1187 does not apply retroactively; defendants already committed to restore their competency to stand trial remain subject to a three-year maximum commitment, not the new two-year maximum commitment.
Criminal Law and Procedure 5DCA Dec. 11, 2019
City of Santa Maria v. Adam
Appellants' appeal of motion to clarify was not ripe because the issue would require speculation regarding hypothetical scenarios and appellants failed to show they faced hardship absent an immediate decision.
Civil Procedure 6DCA Dec. 11, 2019
Cooper v. U.S.
Order
USSC Dec. 10, 2019
Trump v. Deutsche Bank
Order
USSC Dec. 10, 2019
Lewis v. U.S.
Order
USSC Dec. 10, 2019
Carney v. Adams
Order
USSC Dec. 10, 2019
Barr v. Roane
Order
USSC Dec. 10, 2019
Schexnayder v. Vannoy
Order
USSC Dec. 10, 2019
Cottier v. U.S.
Order
USSC Dec. 10, 2019
Sturgell v. Dept. of Fish and Wildlife
A sale and transfer of Dungeness Crab Vessel permit approved by the Department of Fish and Wildlife rendered the appeal reinstating respondent's permit moot.
Environmental Law 1DCA/2 Dec. 10, 2019
In re J.A.
Appeal dismissed due to appellant's failure to appeal within 60-day period after juvenile court issued dependency order and terminated dependency, despite juvenile court's failure to advise mother of her appellate rights.
Civil Procedure 4DCA/2 Dec. 10, 2019
U.S. v. Kimbrew
Sufficient evidence supported defendant's conviction for bribery of a public official and defendant's argument that no 'official act' existed failed.
Criminal Law and Procedure 9th Dec. 10, 2019
U.S. v. Exxon Mobil Corp.
42 U.S.C. Section 7412 authorizes the U.S. Chemical Safety and Hazard Investigation Board to investigate not just an oil refinery's release of hazardous materials, but prospective damage as well.
Environmental Law 9th Dec. 10, 2019
Modification: Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Corporations can be held vicariously liable for causing brush fires under Health and Safety Code Sections 13009 and 13009.1; CalFire may recover fire suppression and investigation costs.
Torts 2DCA/6 Dec. 10, 2019
Hood v. Gonzales
An interpleader action allows a court to adjudicate competing claims to disputed settlement funds, not just merely supervise their dispersal; it is a proper substitute for arbitration.
Civil Procedure 4DCA/1 Dec. 10, 2019
People v. Ollo
Penal Code Section 12022.7 only requires a defendant be an actual cause of inflicting great bodily injury; one who supplies drugs to another can be liable for a subsequent overdose.
Criminal Law and Procedure 2DCA/2 Dec. 9, 2019
People v. Gonzalez
Trial court erred in admitting uncertified and unauthenticated records that prosecutor represented were printed from court's online records system as proof that appellant suffered a prior conviction.
Criminal Law and Procedure 1DCA/5 Dec. 9, 2019
People v. Bernal
Although trial court committed no error, appellate court remanded for trial court to exercise newly conferred discretion under Senate Bill 1393 to strike Penal Code Section 667(a) prior conviction enhancements.
Criminal Law and Procedure 6DCA Dec. 9, 2019
County of San Francisco v. USCIS
Order
9th Dec. 9, 2019
Bernstein v. LaBeouf
A defendant's celebrity status does not automatically convert his otherwise private conduct into a matter of public interest protected by the anti-SLAPP statute.
Anti-SLAPP 2DCA/3 Dec. 9, 2019
In re Adam H.
Juvenile court erroneously failed to consider Welfare and Institutions Code Section 361.2(a) in evaluating whether minor should be placed with his father.
Dependency 2DCA/5 Dec. 9, 2019