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Townley v. BJ's Restaurants, Inc.
Labor Code Section 2802 does not require employers reimburse employees for costs of slip-resistant shoes not part of a uniform which are usual and generally usable in the restaurant occupation.
Labor Law 3DCA Jul. 9, 2019
Modification: People v. Polk
Sufficient evidence existed justifying the jury's conclusion that the elements of possession of methamphetamine under Penal Code Section 4573.6 were proven beyond a reasonable doubt.
Criminal Law and Procedure 4DCA/2 Jul. 9, 2019
Newstart Real Estate Investment LLC v. Huang
Grant of partial new trial on punitive damages vacated judgment and made it unenforceable, so denial of plaintiff's attempts to enforce full judgment including punitive damages was not improper.
Civil Procedure 2DCA/8 Jul. 8, 2019
Lindie Banks v. Northern Trust Corp.
Trustee's misconduct - over which beneficiary of irrevocable trust has no control - cannot constitute misconduct 'in connection with' sale of covered securities under Securities Litigation Uniform Standards Act.
Securities 9th Jul. 8, 2019
Felipe Betansos v. William Barr
Indecent exposure is a crime of moral turpitude under Penal Code Section 314(1) and may retroactively be applied to removal proceedings with the Board of Immigration Appeals.
Immigration 9th Jul. 8, 2019
Amended Opinion: Doe v. Nestle
Presumption against extraterritoriality applies to claims under the Alien Tort Statute, though alleged domestic contacts in form of 'kickbacks' outside typical business contract may suffice to rebut presumption.
Torts 9th Jul. 8, 2019
Sierra Club v. Donald Trump
Order
9th Jul. 8, 2019
State of California v. Alex Azar, II
Order
9th Jul. 8, 2019
Thee Aguila v. Century Law Group
Lessee's leasehold interest and interest in goodwill as a business owner exist separately, and collateral estoppel barred plaintiff's claim to monies paid for condemnation decided in previous eminent domain proceedings.
Eminent Domain 2DCA/1 Jul. 5, 2019
People v. Jacobo
Pandering under Penal Code Section 266i(a)(2) does not require that panderer intend to procure another person (i.e., victim) for third person; thus, defendant's aggravated human trafficking conviction affirmed.
Criminal Law and Procedure 4DCA/1 Jul. 5, 2019
Center for Bio-Ethical Reform v. The Irvine Co.
Ban on 'grisly and gruesome' images constituted a content-based restriction, did not survive strict scrutiny, and was thus unconstitutional.
Constitutional Law 4DCA/3 Jul. 5, 2019
People v. Wright
Electronic device search probation condition imposed upon defendant who committed identity theft crime was reasonably related to preventing future criminality and did not violate defendant's Fourth Amendment right to privacy.
Criminal Law and Procedure 3DCA Jul. 5, 2019
People v. Native Wholesale Supply Co.
The Indian Commerce Clause did not preempt the Directory Statute and Fire Safety Act, and appellant, a corporation, lacked standing for equal protection clause purposes.
Native American Affairs 3DCA Jul. 5, 2019
People v. Brackins
Trial court properly denied defendant's request to insert language requiring malice in attempting to dissuade a witness jury instruction because a violation of Penal Code Section 136.1(b) does not require malice.
Criminal Law and Procedure 6DCA Jul. 5, 2019
Samayoa v. Davis
The availability of state-appointed clemency counsel is irrelevant to federally appointed counsel's ongoing representation of a death-row client in state clemency proceedings.
Criminal Law and Procedure 9th Jul. 5, 2019
Edge v. City of Everett
Because wearing pasties and g-strings while working at Quick-Service Facilities is not 'expressive conduct' within the meaning of the First Amendment, City's Dress Code Ordinance did not burden protected expression.
Constitutional Law 9th Jul. 5, 2019
Nautilus Insurance Company v. Access Medical LLC
Order
9th Jul. 3, 2019
CTIA v. City of Berkeley
Challenged Berkeley ordinance was reasonably related to substantial governmental interest in public health and safety and its text was literally true, so it survived plaintiff's First Amendment challenge.
Constitutional Law 9th Jul. 3, 2019
Amalgamated Transit Union Local 1015 v. Spokane Transit Authority
Appellant unreasonably rejected union's proposed advertisement in violation of the union's First Amendment rights; thus, district court's judgment affirmed.
Constitutional Law 9th Jul. 3, 2019
J.B.B. Investment Partners v. Fair
Trial court did not err in granting motion for summary adjudication of breach of contract claim because defendant's communications demonstrated, as a matter of law, the existence of settlement agreement.
Contracts 1DCA/2 Jul. 3, 2019
In Re Paul Hurley
Appellant's willful criminal conduct outweighed good-faith student loan repayment efforts and nothing beyond appellant's reasonable control contributed to inability to repay, so finding lack of good faith repayment efforts was proper.
Bankruptcy BAP Jul. 2, 2019
People v. Jones
Under Penal Code Section 1202.4, when a criminal is required to pay a minimum fine and can pay the fine, a court does not need to determine his ability to pay.
Criminal Law and Procedure 4DCA/2 Jul. 2, 2019
People v. Chen
Because defendant's trial counsel informed her that plea had potential to cause her to be removed from country and denied reentry, trial court properly denied motion to vacate plea and conviction.
Criminal Law and Procedure 1DCA/3 Jul. 2, 2019
People v. Wiley
Section 1385 of the Penal Code does not authorize a trial court to dismiss a parole revocation petition in the interest of justice.
Criminal Law and Procedure 1DCA/3 Jul. 2, 2019
People v. Mendez
Local gang expert's testimony about defendant's prior police contacts was relevant and not substantially more unfairly prejudicial than probative and defendant failed to preserve claim of 'People v. Sanchez' error.
Criminal Law and Procedure CASC Jul. 2, 2019
Stoetzl v. Dept. of Human Resources
Fair Labor Standards Act's definition of compensable work time, which excludes pre- and postwork activities, governed state correctional employees' claims for failure to pay minimum wage over applicable wage order.
Labor Law CASC Jul. 2, 2019
People v. Weaver
Section 1001.36 of the Penal Code retroactively applies to defendants suffering from mental disorder so long as the respective conviction is not yet final on appeal.
Criminal Law and Procedure 6DCA Jul. 2, 2019
Cavalry SPV I, LLC v. Watkins
The fact that creditor stopped sending regular monthly statements after it deemed debtor's account uncollectible and charged it off does not establish that creditor waived its right to post charge-off interest.
Consumer Law 4DCA/1 Jul. 2, 2019
Sperling v. U.S.
Order
USSC Jul. 1, 2019
Hall v. U.S.
Order
USSC Jul. 1, 2019