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Wilmot v. Contra Costa County Employees' Retirement Assn.
For purposes of County Employees Retirement Law of 1937, a public employee who has submitted an application for retirement is not officially retired until approval by the board; thus, forfeiture provision applied. 		Employment Law 1DCA/2 Dec. 5, 2018
Regents of the University of California v. Superior Court
University owes 'ordinary person' standard of care to student; reasonable trier of fact could have found school breached that standard where school knew of mentally-disturbed student's potential danger to classmates before student stabbed classmate. 		Torts 2DCA/7 Dec. 5, 2018
Acosta v. Brain
Trial court did not err in concluding that an employee's participation in a Department of Labor investigation is a protected activity under the Employee Retirement Income Security Act (ERISA). 		Employment Law 9th Dec. 5, 2018
Asarco v. United Steel
Arbitrator's decision to reform collective bargaining agreement 'drew its essence' from the agreement, where arbitrator considered 'substantial evidence' from union that mutual mistake occurred. 		Labor Law 9th Dec. 5, 2018
U.S. v. Sineneng-Smith
8 U.S.C. Section 1324(a)(1)(A)(iv) unconstitutionally overbroad in violation of the First Amendment because it criminalizes a substantial amount of protected expression in relation to its narrow legitimate sweep; thus defendant's convictions reversed. 		Criminal Law and Procedure 9th Dec. 5, 2018
People v. Burton
False statement juror instruction CALCRIM No. 362's reference to the 'charged crime' does not improperly suggest to juror that false statements demonstrate consciousness of guilt of most serious charged crime. 		Evidence 3DCA Dec. 5, 2018
Markle Interests v. Fish and Wildlife Service
Order 		USSC Dec. 4, 2018
Fleck v. Wetch
Order 		USSC Dec. 4, 2018
Kaanaana v. Barrett Business Services, Inc.
Employees working during a 30-minute meal period are entitled to a meal period premium, as well as, the legal minimum wage for all time worked during the meal period. 		Labor Law 2DCA/8 Dec. 4, 2018
People v. McClinton
It was not a violation of Equal Protection for a trial court to deny a petition for immediate release because a Sexually Violent Predator offender is required to wait one year for said petition, to further the state's compelling reason of protecting the public. 		Constitutional Law 4DCA/1 Dec. 4, 2018
Travelers Property Casualty Co. of Amer. v. Engel Insulation, Inc.
Insurer may not file its own action to assert claims solely as a subrogee of a suspended corporation; thus judgment on the pleadings was proper. 		Insurance 3DCA Dec. 4, 2018
Durante v. Co. of Santa Clara
A property owner obtaining a change of title from tenancy-in-common to a life-estate, in the same property, results in a change of ownership for purposes of property value assessment. 		Real Property 6DCA Dec. 4, 2018
Next Century Associates v. Co. of LA
A trial court erred when it upheld an assessment appeal board's decision to preserve the 'existing roll value,' holding that it was 'arbitrary and not supported by substantial evidence' where the value of the subject property had drastically declined during the Great Recession. 		Tax 2DCA/1 Dec. 4, 2018
People v. Neal
Trial court violated defendant's statutory rights when requiring a probation officer, rather than the court itself, to determine the amount of supervision fees imposed against defendant at sentencing. 		Criminal Law and Procedure 1DCA/2 Dec. 4, 2018
Close v. Sotheby's
Order 		9th Dec. 4, 2018
Soltysik v. Padilla
A court must determine whether the government has an important interest that outweighs any constitutional burdens of placing 'Party Preference: None' labels on non-qualified parties running California Elections. 		Constitutional Law 9th Dec. 4, 2018
FTC v. AMG Capital Management
'Loan Note' on websites that offered high-interest, short-term payday loans was deceptive because it did not accurately disclose the loan's terms; thus, district court did not err in granting summary judgment. 		Consumer Law 9th Dec. 4, 2018
People v. Buenrostro
A state statute establishing procedures to determine whether a person 'lacks capacity to understand the proceedings against him due to mental disease,' is facially adequate in protecting his due process rights. 		Criminal Law and Procedure CASC Dec. 4, 2018
People v. Miracle
The role advisory counsel assumed was 'the functional equivalent' of counsel under Penal Code Section 1018; thus advisory counsel's consent of defendant's guilty plea to capital murder charge affirmed. 		Criminal Law and Procedure CASC Dec. 4, 2018
People v. Garcia
'Exceedingly low bar' to defeat Penal Code Section 995 motion; where evidence would lead ordinary person to entertain 'strong suspicion' of defendant's guilt, motion must be denied. 		Criminal Law and Procedure 6DCA Dec. 4, 2018
Finance Holding Co., LLC v. The American Inst. of Certified
A post judgment order compelling discovery of an outside third-party can be considered a final order and thus appealable. 		Civil Procedure 4DCA/1 Dec. 3, 2018
City of Oakland v. Oakland Police and Fire Retirement System
Under California's Private Attorney General Statute, fees should sometimes be awarded even where litigant's own expected benefits exceed its actual costs by substantial margin; thus appellant entitled to attorney fees. 		Civil Procedure 1DCA/4 Dec. 3, 2018
U.S. v. Fomichev
Order 		9th Dec. 3, 2018
Edwards v. Heartland Payment Systems, Inc.
Mandatory intervention should be denied in class action settlements when class members can still protect their interests by opting out of the class action or objecting to the settlement. 		Civil Procedure 2DCA/8 Dec. 3, 2018
People v. Phea
CALCRIM No. 1191 requires Evidence Code Section 1108 evidence be proved by a preponderance of the evidence, but does not reduce the prosecution's burden of proof as to any charged offenses. 		Evidence 3DCA Nov. 30, 2018
Modification: Ramos v. Superior Court
Arbitration agreement unconscionable under minimum requirements of 'Armendariz v. Foundation Health Psychcare Services, Inc.' because it limited employee's remedies and provided that employee must bear half the costs of arbitration. 		Arbitration 1DCA/1 Nov. 30, 2018
People v. Gomez
Although prosecution's argument that defendant was dangerous because he attacked officers who shared his ethnic background was improper because it could compromise jury's impartiality, the error was harmless; thus, death sentence affirmed. 		Criminal Law and Procedure CASC Nov. 30, 2018
Zissler v. Saville
As a matter of law an easement is not considered a general easement, limited to historical use, if drafted in general but unambiguous terms that are consistent with its purpose. 		Real Property 2DCA/6 Nov. 30, 2018
Meleski v. Estate of Hotlen
Insurer who denied settlement offer in action against decedent's estate is 'party' within terms of Code of Civil Procedure Section 998. 		Civil Procedure 3DCA Nov. 30, 2018
People v. Bonilla
On appeal when ineffective assistance is being claim, if it is easier to dispose of the claim on the ground of lack of prejudice, then that course should be followed. 		Criminal Law and Procedure 3DCA Nov. 30, 2018
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