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Doe v. University of Southern California
When student disciplinary proceeding determinations are based primarily on witness credibility, a private university must grant a fair hearing which requires an adjudicator to personally evaluate a witness' credibility. 		Administrative Agencies 2DCA/7 Dec. 13, 2018
Mechling v. Asbestos Defendants
A defendant's motion to set aside a default judgment should be granted, provided a meritorious claim existed and defendant was not given chance to defend himself in court due to extrinsic mistake. 		Civil Procedure 1DCA/5 Dec. 13, 2018
Orange Cove Irrigation Dist. v. Los Molinos Mutual Water Co.
Under judicial decree, owner of right to water may use water appropriated to it on a year round basis and not only during the irrigation season; thus, judgment denying declaratory relief reversed. 		Water Rights 3DCA Dec. 13, 2018
Warren v. Kia Motors America, Inc.
When a voluminous fee application is made a court may make across-the-board percentage cuts provided the reason is not to make the fee award roughly proportionate to the damages award. 		Attorneys 4DCA/2 Dec. 13, 2018
Kisor v. Wilkie
Order 		USSC Dec. 12, 2018
J.W. v. Watchtower Bible & Tract Society of New York, Inc.
If evidence suggests a party understood a court order, then that party will be deemed to have proper notice and thus cannot argue its due process rights were violated by that order. 		Constitutional Law 4DCA/2 Dec. 12, 2018
City of Petaluma v. Workers' Comp. App. Bd.
A disability award that is limited due to apportionment of a work-related injury and the existence of a preexisting condition is proper when based on substantial medical evidence. 		Workers' Compensation 1DCA/1 Dec. 12, 2018
Donohue v. AMN Services, LLC
Defendant's rounding policy complied with California law because it was fair and neutral and did not result in failure to compensate properly for time actually worked; thus, summary judgment proper. 		Labor Law 4DCA/1 Dec. 12, 2018
In re E.P.
Penal Code Section 459.5(a)'s definition of 'shoplifting' is not used in its colloquial sense; thus, stealing property from private citizens and from a locker room in commercial establishment could constitute 'shoplifting.' 		Criminal Law and Procedure 4DCA/3 Dec. 12, 2018
U.S. v. Stitt
Congress intended a 'uniform definition of burglary to be applied to all cases in which the Government seeks' an enhanced sentence under the Armed Career Criminal Act. 		Criminal Law and Procedure USSC Dec. 11, 2018
East Bay Sanctuary Covenant v. Trump
Order 		9th Dec. 11, 2018
In re City of Stockton
If a creditor does not seek a stay of a debtor's plan for adjustments of its debts, then the creditor risks dismissal of the appeal on grounds of equitable mootness. 		Civil Procedure 9th Dec. 11, 2018
People v. Franco
For purposes of resentencing as a misdemeanor or felony forgery, under Proposition 47, the value of a forged instrument is determined by looking at the stated face value. 		Criminal Law and Procedure CASC Dec. 11, 2018
Gerard v. Orange Coast Mem. Medical Center
The 'notwithstanding' phrase in former Labor Code Section 516 gives broad powers to the Industrial Welfare Commission; thus, hospital's second meal period waiver policy did not violate Labor Code Section 512(a). 		Labor Law CASC Dec. 11, 2018
Moustafa v. Bd. of Registered Nursing
A licensing board may not avoid statutory limitations and impose licensing restrictions on the basis that applicant has multiple dismissed convictions, pursuant to Penal Code 1203.4, rather than one. 		Administrative Agencies 1DCA/1 Dec. 11, 2018
People v. Thomas
No reasonable suspicion to detain or patsearch defendant because police received general physical description of person 'harassing' customers, in area with significant foot traffic, when officers arrived two and a half hours later. 		Criminal Law and Procedure 3DCA Dec. 11, 2018
C.S. v. Superior Court
So long as substantial evidence supports a juvenile court's finding that the offense weighed in favor of transfer to adult/criminal court, court need not explicitly articulate how it weighed the evidence. 		Criminal Law and Procedure 6DCA Dec. 10, 2018
People v. Johnson
When postrelease community supervision is revoked and later reinstated, the period of revocation does not automatically extend the length of the originally imposed period of supervision. 		Criminal Law and Procedure California Courts of Appeal Dec. 10, 2018
GCIU Employer Ret. Fund v. Quad/Graphics
District court correctly calculates an employer's retirement fund withdrawal liability under the Multiemployer Pension Plan Amendments Act by applying a partial withdrawal credit before implementing a yearly payment limitation. 		Employment Law 9th Dec. 10, 2018
CPF Vaseo Associates, LLC v. Gray
Safe harbor provision found in Code of Civil Procedure Section 128.7(c)(1) applies to former Section 128.5; thus, because motion seeking sanctions was served and filed on the same day, sanctions reversed. 		Civil Procedure 4DCA/1 Dec. 7, 2018
Hoang v. Bank of America
A statute of limitations period for an analogous cause of action is borrowed and applied to the federal claim, when no statute of limitations is expressly applicable to a federal statute. 		Civil Procedure 9th Dec. 7, 2018
People v. Rodriguez
Order 		CASC Dec. 7, 2018
Busker v. Wabtec Corporation
Order 		CASC Dec. 7, 2018
Protecting Our Water & Environmental Resources v. Stanislaus County
Order 		5DCA Dec. 7, 2018
Love et al. v. State Dept. of Education et al.
Senate Bill No. 277's elimination of a parent's ability to opt out of the vaccination requirements imposed on children based on a parent's personal beliefs does not violate substantive due process. 		Constitutional Law 3DCA Dec. 7, 2018
Pub. Employment Relations Bd. v. Bellflower Unified School
Public Employment Relations Board declarations of noncompliance and notice are sufficient evidence to support a 'refusal' finding, and in general, the purpose of appealing such a finding, is to delay enforcement. 		Administrative Agencies 2DCA/4 Dec. 6, 2018
Calvert v. Binali
Plaintiffs' failure to comport with the court's publication requirements by publishing service of summons in a different newspaper than ordered rendered the default judgment against defendant void on its face. 		Civil Procedure 2DCA/8 Dec. 6, 2018
People v. Sun
Trial court erred in convicting a criminal defendant under two conflicting statutes when one is a specific statute covering the alleged conduct and the other is a general statute. 		Criminal Law and Procedure 4DCA/3 Dec. 6, 2018
People v. Berch
Unless a defendant so stipulates, a commissioner is barred from conducting a parole revocation hearing, as it is not classified as a subordinate judicial duty under 'People v. Miller.' 		Criminal Law and Procedure 4DCA/3 Dec. 6, 2018
People v. Lavoie
Counsel's failure to object to substantive amendments of charged enhancements at sentencing constitutes ineffective assistance of counsel and the enhancement cannot be upheld. 		Criminal Law and Procedure 4DCA/2 Dec. 5, 2018
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