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Teamsters Local 2010 v. Regents of the Univ. of Cal.
A trier of fact could reasonably find bulletin defendant sent to students regarding unionizing was an attempt to 'influence' employees' decision to join union; thus, anti-SLAPP motion was properly denied. 		Government 1DCA/5 Oct. 2, 2019
Williams-Sonoma Song-Beverly Act Cases
Under the Song-Beverly Credit Card Act, liability depends on whether a person believes that providing their personal identification information is a condition to a credit card payment being accepted. 		Consumer Law 1DCA/3 Oct. 2, 2019
People v. Carranza
Limited remand was necessary to allow appellant the opportunity to make a record of information relevant to his eventual youth offender parole hearing. 		Criminal Law and Procedure 1DCA/5 Oct. 2, 2019
People v. Hooper
Under the Code of Civil Procedure Section 177.5, the Department of State Hospitals is considered a 'person' and therefore monetary sanctions may be imposed due to not following a Standing Order. 		Civil Procedure 1DCA/4 Oct. 2, 2019
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 Oct. 2, 2019
Modification: People v. Nzolameso
'Birchfield v. North Dakota' did not prohibit finding implied consent because defendant could choose from three tests, and was not forced to choose between a blood test or criminal penalties. 		Criminal Law and Procedure 2DCA/8 Oct. 2, 2019
San Diego Navy Broadway Complex Coalition v. Cal. Coastal Com.
Plaintiff was not genuinely ignorant of defendants' identities at the time of filing suit, so equitable tolling was improper and dismissal due to the statute of limitations was required. 		Civil Procedure 4DCA/1 Oct. 1, 2019
Ghezavat v. Harris
CACI No. 724 adequately explained to jury that joint owner of truck was not liable for negligent entrustment if he did not permit tortfeasor's use. 		Torts 1DCA/5 Oct. 1, 2019
Modification: Mancini & Associates v. Schwetz
Civil Code Section 47(b) litigation privilege did not bar plaintiff's claims because defendant engaged in a course of tortious conduct depriving plaintiff of attorney fees. 		Torts 2DCA/6 Oct. 1, 2019
In re Bolton
Petitioner's combined prison sentence for crimes he committed as a juvenile, exceeded his natural lifespan; thus, his sentence violated cruel and unusual punishment prohibition of Eighth Amendment. 		Criminal Law and Procedure 3DCA Oct. 1, 2019
Naranjo v. Spectrum Security Services, Inc.
Labor Code Section 226.7 actions for premium wage as statutory remedy does not entitle employees to pursue derivative penalties under Sections 203 and 226. 		Labor Law 2DCA/4 Sep. 30, 2019
Terrell v. State Farm General Ins. Co.
Owner's maintenance of rental home was not an activity ordinarily incident to nonbusiness pursuits and thus insurance claim fell under business pursuits exclusion of homeowners insurance policy. 		Insurance 1DCA/1 Sep. 30, 2019
Fernandez v. Jimenez
Because decedent was a single, loving and loved mother, $11,250,000 to each of her four children, three of whom were minors, did not shock the conscience. 		Remedies 2DCA/3 Sep. 30, 2019
Gupta v. Trustees of the Cal. State University
Plaintiff in Fair Employment and Housing Act case may present comparative evidence if plaintiff and comparator are similarly situated in all relevant aspects and comparator was treated more favorably. 		Employment Law 1DCA/3 Sep. 30, 2019
P. v. Scarbrough
Under California Penal Code Section 1202.4 law enforcement agencies may not claim restitution costs as a victim if the cost incurred is not directly related to the criminal conviction. 		Criminal Law and Procedure 6DCA Sep. 30, 2019
P. v. Bryant
Prosecutor provided legitimate, nondiscriminatory reasons to exercise peremptory strikes to remove four African-American jurors. 		Criminal Law and Procedure 1DCA/1 Sep. 30, 2019
Liday v. Sim
Respondent was exempt from overtime before 2014; thus, trial court erred in calculating her rate of pay based on formula used to determine payment of overtime wages for nonexempt employees. 		Labor Law 2DCA/3 Sep. 27, 2019
Olivares v. Pineda
Plaintiffs' Civil Code Section 1950.5(b)(1) claim for misuse of a security deposit did not arise from protected activity, and plaintiffs established a probability of success on their remaining claims arising from protected activity. 		Anti-SLAPP 1DCA/3 Sep. 27, 2019
Sparks v. Davis
Order 		USSC Sep. 27, 2019
Ortega v. Superior Court (Contra Costa County)
Probable cause is present under California Penal Code 995 when the facts are such that an ordinary person would have a strong suspicion of guilt of the accused. 		Criminal Law and Procedure 1DCA/5 Sep. 26, 2019
Williams v. Sacramento River Cats Baseball Club, LLC
'Tameny v. Atlantic Richfield Co.' requires an employment relationship for tort duty of care; thus, plaintiff's failure to hire claim in common law tort action failed since he was not defendant's employee. 		Employment Discrimination 3DCA Sep. 26, 2019
Gerawan Farming, Inc. v. Agricultural Labor Relations Bd.
No constitutional right of public access to on-the-record mandatory mediation and conciliation proceedings because there is no history of openness in such proceedings and confidentiality encourages compromise. 		Constitutional Law 5DCA Sep. 26, 2019
Marriage of Goodwin-Mitchell and Mitchell
Judgment of nullity based on fraud under Family Code Section 2210(d) must be reversed because the parties continued to cohabit long after husband's infidelity was discovered. 		Family Law 1DCA/3 Sep. 26, 2019
People ex rel. State Dept. of State Hospitals v. S.M.
If the court provides a Mentally Disordered Offender with discovery through a continuance, the MDO may not claim that his due process rights were violated if he is denied the continuance. 		Civil Procedure 2DCA/6 Sep. 26, 2019
People v. Bermudez
Penal Code Section 16470, defining a dirk or dagger, the concealed possession of which is proscribed by Section 21310, is not unconstitutionally vague. 		Constitutional Law 3DCA Sep. 26, 2019
People v. Francis A.
Because juvenile's brushing of Officer's hand was incidental to his attempt to move away from Officer's hand, juvenile did not act willfully or unlawfully; thus, there was insufficient evidence of battery. 		Juveniles 1DCA/2 Sep. 26, 2019
Hawkins v. City of Los Angeles
Plaintiffs presented prima facie case of whistleblower retaliation and substantial evidence supported jury's finding that City's proffered reasons for termination of plaintiffs were pretextual. 		Employment Law 2DCA/3 Sep. 26, 2019
Modification: People v. Newman
A distance as short as 190 feet satisfies the asportation element of the crime of kidnapping. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
Doe v. Occidental College
Adjudicator reasonably concluded that student was unable to make 'an informed and rational decision to engage in sexual activity' and that appellant, had he been sober, should have known it. 		Evidence 2DCA/7 Sep. 25, 2019
People v. Rodriguez
'Miranda' warnings are not required when suspects give voluntary statements to a person they do not know is a police officer and therefore Fifth Amendment rights are not violated. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
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