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Williams v. Filson
To be entitled to equitable tolling, a habeas petitioner must demonstrate that some extraordinary circumstance stood in his way and prevented timely filing (e.g. relying on any unsettled relation-back laws). 		Civil Procedure 9th Nov. 12, 2018
Manavian v. Dept. of Justice
Protections under the Public Safety Officers Procedural Bill of Rights Act do not apply to the termination of career executive assignment positions as a matter of law. 		Employment Law 3DCA Nov. 9, 2018
1550 Laurel Owner's Assn., Inc. v. App. Div. of Superior Court
Code of Civil Procedure Section 92(d) does not allow special motions to strike in limited cases based upon the plain meaning of the statute and the intent of the Legislature. 		Civil Procedure 2DCA/3 Nov. 9, 2018
Citizens for Amending Proposition L v. City of Pomona
Respondents had standing to sue under public interest exception to challenge city council ordinance purporting to extend agreement to erect billboards after citizens of Pomona passed ballot initiative prohibiting it. 		Civil Procedure 2DCA/4 Nov. 9, 2018
Regents of the University of California v. USDHS
Deferred Action for Childhood Arrivals was a permissible exercise of executive discretion, notwithstanding the Fifth Circuit's conclusion that Deferred Action for Parents of Americans and Lawful Permanent Residents program exceeded statutory authority. 		Immigration 9th Nov. 9, 2018
In Re Brace
Order 		9th Nov. 9, 2018
In Re Twelve Grand Jury Subpoenas
There are no exceptions in which a corporate custodian may resist a subpoena for corporate records on Fifth Amendment grounds, even if he proves that he is the sole shareholder, officer, or member. 		Constitutional Law 9th Nov. 9, 2018
Rookaird v. BNSF Railway Co.
Under the Federal Railroad Safety Act, statements of an employer can amount to an implicit order and an employee can refuse to follow that order, provided it falls under a protected activity. 		Government 9th Nov. 9, 2018
Menendez v. Whitaker
Section 288(c)(1), criminalizing 'lewd or lascivious conduct' by older person with 14 or 15 year old, is not categorically a crime of moral turpitude because covered actus reus is too broad, required mens rea too slight. 		Immigration 9th Nov. 9, 2018
Guerrero v. Cal. Dept. of Corrections and Rehabilitation
Federal common law controls the preclusive effect of a federal judgment, and applies to both federal question cases and diversity cases. 		Civil Procedure 1DCA/4 Nov. 8, 2018
Schmidt v. Citibank, N.A.
Loan servicer engaged in statutorily-mandated discussions 'to assess the financial situation,' and 'explore[d] options for the [plaintiffs] to avoid foreclosure' when it provided loss mitigation review, discussed loan modification application and payment options. 		Real Property 4DCA/1 Nov. 8, 2018
Modification: Ivory Education Institute v. Dept. of Fish & Wildlife
Exception for activities authorized by the federal government under Fish & Game Code Section 2022 not unconstitutionally vague; federal laws, exemptions, or permits can be ascertained with inquiry. 		Constitutional Law 2DCA/4 Nov. 7, 2018
People v. Vera
Traffic stop wasn't unconstitutionally prolonged by dog sniff where the motorist was cited for a tinted-window infraction, and the dog alerted to drugs in the vehicle; thus no suppression was required. 		Constitutional Law 4DCA/2 Nov. 7, 2018
People v. Baldivia
Plea agreement incorporates subsequent changes in the law so long as Legislature intended those changes to apply; thus, defendant entitled to juvenile fitness hearing and, if necessary, a resentencing hearing. 		Criminal Law and Procedure 6DCA Nov. 7, 2018
Mount Lemmon Fire Dist. v. Guido
Under U.S.C. Section 630(b), state and local governments are 'employer[s]' covered by the ADEA regardless of their size. 		Employment Discrimination USSC Nov. 7, 2018
Murray v. BEJ Minerals
Under 'Farley v. Booth Brothers Land & Livestock Co.,' fossils that are rare, exceptional and have special value are 'minerals' and belong to the mineral estate rather than the surface estate. 		Real Property 9th Nov. 7, 2018
Navajo Nation v. U.S. Dept. of the Interior
Order 		9th Nov. 7, 2018
In re Bruno M.
Evidence that a restrained person has destroyed the mental/emotional calm of another party allows that party to be included in a permanent restraining order, regardless of whether physical harm occurred. 		Family Law 2DCA/3 Nov. 6, 2018
Olive v. General Nutrition Centers, Inc.
Prevailing party is party who recovered 'greater relief;' thus, abuse of discretion when trial court found there was no prevailing party after plaintiff recovered damages because jury awarded a 'middling sum.' 		Torts 2DCA/4 Nov. 6, 2018
Quiles v. Parent
Federal law applies when determining a plaintiff's entitlement to costs, and the types of costs that may be recovered under the federal Fair Labor Standards Act of 1938. 		Civil Procedure 4DCA/3 Nov. 6, 2018
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. 6, 2018
Maquiz MacDonald v. Hedgpeth
No rational juror could have found from the evidence presented at trial that all allegations required for the gang sentencing enhancement were true; thus petition for habeas relief should have been granted. 		Criminal Law and Procedure 9th Nov. 6, 2018
Qualitex Co. v. Jacobson Products Co.
The court held that a color could meet the legal requirements for trademark registration under the Lanham Act, provided that it has acquired secondary meaning in the market. 		Intellectual Property USSC Nov. 6, 2018
AMN Healthcare, Inc. v. Aya Healthcare Services, Inc.
Trial court properly granted summary judgment against competitor employer's seeking to restrain former employs via a non-compete agreement against public policy and Business & Professions Code. 		Employment Law 4DCA/1 Nov. 5, 2018
Marteney v. Elementis Chemicals Inc.
Under Civil Code of Procedure Section 877, appellant entitled to settlement credit based solely on respondents' settlements and not on their parents' settlements because they were not bound by those settlements. 		Civil Procedure 2DCA/4 Nov. 5, 2018
Caretto v. Super. Ct.
A court is required to identify how much stolen property, such as stolen debit cards, sell for (fair market value) in order to determine whether Proposition 47's misdemeanor resentencing applies. 		Criminal Law and Procedure 2DCA/8 Nov. 5, 2018
People v. Garcia
Expert testimony on eyewitness identifications may be excluded when there is ample other evidence to substantially corroborate a witness' identification of a defendant. 		Evidence 4DCA/2 Nov. 5, 2018
Ivory Education Institute v. Dept. of Fish & Wildlife
Exception for activities authorized by the federal government under Fish & Game Code Section 2022 not unconstitutionally vague; federal laws, exemptions, or permits can be ascertained with inquiry. 		Constitutional Law 2DCA/4 Nov. 5, 2018
U.S. v. Carter
A temporary disability fails the stringent test of 'Maryland v. Craig,' used to determine whether a defendant's right to confront accusatory witnesses is satisfied absent a physical, face-to-face confrontation at trial. 		Constitutional Law 9th Nov. 5, 2018
Ma v. Sessions
8 C.F.R. Section 274a.12(b)(20) does not confer lawful immigration status for purposes of establishing eligibility for status adjustment under 8 U.S.C. Section 1255(k)(2); thus petition was denied. 		Immigration 9th Nov. 5, 2018
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