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Rodriguez v. Federal Deposit Insurance Corp.
Order
USSC Jul. 1, 2019
Shular v. U.S.
Order
USSC Jul. 1, 2019
People v. Super. Ct. (Olivo)
Under Section 170.6, a party is permitted to raise peremptory challenges during the refiling of a criminal case and the trial court is required to grant them as timely.
Criminal Law and Procedure 4DCA/2 Jul. 1, 2019
Rivera v. Kent
The California Department of Health Care Services is not restricted to 45 days when making Medi-Cal eligibility determinations for applicants under Section 15926 under the Welfare & Institutions Code.
Health Care 1DCA/4 Jul. 1, 2019
Ponderosa Telephone Co. v. CAPUC
CPUC's decision did not deny petitioners their constitutional rights because the cost of equity it determined for petitioners was not clearly unreasonable.
Utilities 5DCA Jul. 1, 2019
Blair v. Rent-A-Center
California Supreme Court 'McGill' rule is 'generally applicable contract defense' not preempted by FAA, and invalidates arbitration clause that purports to waive an individual's right to seek public injunctive relief.
Arbitration 9th Jul. 1, 2019
Rodriguez v. Nike Retail Services
District court erred granting summary judgment for defendant because, under 'Troester v. Starbucks Corp.', the federal de minimis doctrine does not apply to California wage and hour statutes or regulations.
Employment Law 9th Jul. 1, 2019
Claiborne v. Blauser
Visibly shackling a criminal defendant during a jury trial is a violation of that defendant's civil rights under Section 1983. Remanded for new trial.
Civil Rights 9th Jul. 1, 2019
People v. Koback
Defendant used car key in a manner capable of causing and likely to result in great bodily injury by lunging and swiping at man's torso with force.
Criminal Law and Procedure 4DCA/2 Jul. 1, 2019
Modification: Esparza v. Safeway, Inc.
Appellants failed to submit evidence raising triable issue of material fact regarding whether defendant's challenged conduct harmed class members in manner entitling them to restitution; thus, summary adjudication was proper.
Labor Law 2DCA/4 Jul. 1, 2019
ValueRock TN Prop. v. PK II Larwin Square
Anti-SLAPP 'arose from' from inquiry requires defendant to show 'speech or petitioning activity itself is the wrong complained of.'
Anti-SLAPP 4DCA/3 Jul. 1, 2019
Sweetwater Union HS Dist. v. Julian Union Elementary Sch.
Petitioner satisfied Code of Civil Procedure Section 1021.5 criteria justifying the trial court's attorney fee award, and was considered a prevailing party for fee award purposes.
Civil Procedure 4DCA/1 Jul. 1, 2019
Modification: In re B.D.
Family Services Bureau's Welfare and Institutions Code Section 366.26 report violated statutory obligations by omitting evidence material to adoptability and was so inadequate that minor's due process rights were denied.
Dependency 1DCA/4 Jun. 28, 2019
Guillory v. Hill
Plaintiff's attorney fees request was unreasonable in comparison to the actual damages award; thus, trial court properly denied request.
Civil Procedure 4DCA/3 Jun. 28, 2019
Jenni Rivera Enterprises v. Latin World Entertainment
Plaintiff made a prima facie showing sufficient to support favorable judgment on its claims against Producer defendants, but First Amendment barred plaintiff's claims against broadcaster.
Anti-SLAPP 2DCA/7 Jun. 28, 2019
Rucho v. Common Cause
Partisan gerrymandering claims presented nonjusticiable political questions due to a lack of constitutional directives or guiding legal standards for courts to follow in resolving such claims.
Government USSC Jun. 28, 2019
Department of Commerce v. New York
Evidence showed that government's rationale to enforce citizenship question on 2020 census seems to have been contrived; thus, district court was warranted in remanding to agency.
Administrative Agencies USSC Jun. 28, 2019
Mitchell v. Wisconsin
Wisconsin statute assuming unconscious drivers' consent to blood test for drugs or alcohol provided an exception to the Fourth Amendment's warrant requirement for blood draws.
Constitutional Law USSC Jun. 28, 2019
People v. Mejia
Under Penal Code Section 1473.7, in order to invalidate a conviction due to prejudicial error it is not necessary to make a showing of ineffective assistance of counsel.
Criminal Law and Procedure 4DCA/3 Jun. 28, 2019
Samsky v. State Farm Mutual Automobile Ins. Co.
Appellant satisfied requirements of Code of Civil Procedure Section 2033.420(a) and respondent failed to meet exceptions under Section 2033.420(b), so appellant was entitled to costs of proof under Section 2033.420(a).
Civil Procedure 2DCA/8 Jun. 28, 2019
Byrd v. State Personnel Bd.
Government Code Section 21198 prevented plaintiff's reinstatement at higher salary level; 'reinstatement' under this section means the same title and pay rate as formerly held.
Government 4DCA/1 Jun. 28, 2019
Lewis v. Ukran
When requesting reduction of award of future damages to present value, defendant bears the burden of providing evidence of valid lowered amount.
Torts 2DCA/4 Jun. 28, 2019
Modification: Guillory v. Hill
Plaintiff's attorney fees request was unreasonable in comparison to the actual damages award; thus, trial court properly denied request.
Civil Procedure 4DCA/3 Jun. 28, 2019
People v. Molano
Under Evidence Code Section 1101(b), admission of defendant's violence against other women, including that he choked his wife to unconsciousness was relevant to defeat his claim that victim's death was accidental.
Criminal Law and Procedure CASC Jun. 28, 2019
Modification: People v. Valenzuela
Reduction of defendant's grand theft conviction to misdemeanor through Proposition 47 established absence of essential element of street terrorism offense -- felonious criminal conduct; thus, street terrorism conviction was dismissed.
Criminal Law and Procedure CASC Jun. 28, 2019
People v. Alexander
Under Penal Code Section 1538.5 (a)(1)(A), a warrantless arrest is reasonable and valid when probable cause is present; thus, surveillance video of suspects satisfied this standard.
Criminal Law and Procedure 1DCA/5 Jun. 27, 2019
Lomeli v. State Dept. of Health Care Services
Collateral estoppel did not bar government's lien on plaintiff's settlement with tortfeasors; court's approval of settlement was not a decision for purposes of collateral estoppel.
Health Care 2DCA/8 Jun. 27, 2019
People v. Boatwright
Even if a charge is not explicitly stated in Proposition 64, an individual may seek to reduce his sentence and the trial court should evaluate in accordance with the law.
Criminal Law and Procedure 1DCA/1 Jun. 27, 2019
Tennessee Wine and Spirits Retailers Assn. v. Thomas
Section 2 of Twenty-First Amendment does not confer limitless authority to regulate alcohol trade; thus, under dormant Commerce Clause, State's two year residency requirement for license to operate liquor store was unconstitutional.
Constitutional Law USSC Jun. 27, 2019
Kisor v. Wilkie
'Auer v. Robbins' and 'Bowles v. Seminole Rock & Sand Co.' which allow courts to defer to an agency's reasonable interpretation of its own genuinely ambiguous regulations, remain in place.
Administrative Agencies USSC Jun. 27, 2019