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People v. Henry
'In re Williamson' rule applied; defendant was convicted of false personation, however, the conduct at issue should have been prosecuted exclusively under Vehicle Code Section 40504(b). 		Criminal Law and Procedure 6DCA Oct. 30, 2018
Modification: Uber Technologies v. Google
When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists. 		Contracts 1DCA/3 Oct. 29, 2018
Thee Sombrero, Inc. v. Scottsdale Ins. Co.
Losses that are exclusively economic without any accompanying loss of use of tangible property, does not constitute property damage; as such, the loss of using a property for a nightclub constitutes property damage. 		Criminal Law and Procedure 4DCA/2 Oct. 29, 2018
Bacilio v. City of Los Angeles
For purposes of the Public Safety Officers Procedural Bill of Rights Act's tolling period, criminal investigation is no longer pending when a final determination not to prosecute is made. 		Government 2DCA/2 Oct. 29, 2018
Raam Construction, Inc. v. Occupational Safety and Health etc.
A trial court correctly deemed a petition as untimely, where the petitioner filed five days after the expiration of the statute of limitations; and petitioner's argument that the statute was ambiguous was rejected. 		Civil Procedure 1DCA/3 Oct. 29, 2018
People v. Acosta
Penal Code Section 654's prohibition on multiple punishment for crimes arising from a single course of conduct, does not apply when a new intent and objective is formed from the initial conduct. 		Criminal Law and Procedure 6DCA Oct. 29, 2018
Schwan v. Permann
Probate court properly relied on the doctrine of impossibility; although Probate Code Section 142 was repealed, the doctrine of impossibility was left to case law development. 		probate_and_trusts 1DCA/1 Oct. 29, 2018
Alliance For The Wild Rockies v. USFS
Order 		9th Oct. 29, 2018
People v. Saelee
Under Penal Code Section 1170.8, 'some type' of evidence must be presented to the trial court before it can deny a defendant's petition to redesignate a prior felony conviction to a misdemeanor. 		Criminal Law and Procedure 3DCA Oct. 29, 2018
S.V. v. Superior Court
The statutory language of Welfare & Institutions Code Section 361.5(b)(3) indicates that any additional abuse need not be directed at the child at issue for the court to refuse reunification services. 		Family Law 4DCA/2 Oct. 26, 2018
Havasupai Tribe v. Provencio
National Historic Preservation Act did not obligate United States Forest Service to take Red Butte into account when it conducted a full consultation in 1986; it was not a 'historic property' then. 		Environmental Law 9th Oct. 26, 2018
U.S. v. Moreno Ornelas
Under plain error, if there is a reasonable probability that the failure to instruct a jury properly affected a jury's verdict, that verdict must be reversed. 		Criminal Law and Procedure 9th Oct. 26, 2018
Save Lafayette Trees v. City of Lafayette
Municipal Code Section 6-236's 180-day statute of limitations is preempted by Section 65009's 90-day bar, when considering decisions by local agencies made pursuant to the planning and zoning law. 		Municipal Law 1DCA/3 Oct. 25, 2018
MCI Communications etc. v. Cal. Dept. of Tax and Fee Admin.
Under Revenue and Taxation Code Section 6016.5, cable(s) must already be installed in order to be excluded from taxation; pre-installed component parts making up telephone and telegraph lines, however, are taxable. 		Tax 4DCA/1 Oct. 25, 2018
Save Our Heritage Organisation v. City of San Diego
CEQA Guidelines Section 15164 valid because it implements Section 21166's objective of balancing the consideration of environmental consequences in public decision making with interests in finality and efficiency. 		Environmental Law 4DCA/1 Oct. 25, 2018
Modification: Bunzl Distribution v. Franchise Tax Bd.
FTB judgment against multinational was properly upheld given Supreme Court precedent, that 'a taxpayer has the burden of showing...that [the state tax] results in extraterritorial values being taxed.' 		Tax 1DCA/3 Oct. 25, 2018
Dominguez v. Kernan
District court erred when it dismissed defendant's habeas petition as moot; although the state court vacated defendant's earlier convictions, defendant still remained in custody and his second prosecution was still ongoing. 		Criminal Law and Procedure 9th Oct. 24, 2018
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 Oct. 24, 2018
U.S. v. Henderson
'Network Investigative Technique warrant' was not considered a tracking device permitted by Federal Rule of Criminal Procedure Rule 41(b)(4) because it did not physically 'track movement of person or property.' 		Criminal Law and Procedure 9th Oct. 24, 2018
In re Maria Q.
Under Welfare & Institutions Code Section 366.26, permanent placement with a fit and willing relative is disfavored if any other permanency plan is available, such as, adoption by the foster parents. 		Family Law 4DCA/1 Oct. 24, 2018
People v. Randolph
Per 'Leahy' and 'Joehnk,' experienced law enforcement officers may present expert testimony as to field sobriety test and its implications. 		Evidence 5DCA Oct. 24, 2018
Barri v. WCAB
The constitutional guarantee of substantive due process extends to fundamental rights; appellant's right to 'timely process untainted liens' affecting his practice not such a right. 		Workers' Compensation 4DCA/3 Oct. 23, 2018
In re G.B.
The court erred when, after dismissing all the allegations in petition, it adjudicated jurisdiction allegations against father of child based on factual and legal basis not at issue in original petition. 		Dependency 2DCA/3 Oct. 23, 2018
People v. Henson
Law favors the joinder of counts because of such a course of action promotes efficiency; as such, court erred by not joining related counts in criminal case. 		Criminal Law and Procedure 5DCA Oct. 23, 2018
People v. Bedolla
Carrying a loaded firearm while in a public place was a crime of moral turpitude because the crime involved a 'general readiness to do evil;' thus, the evidence was admissible to impeach defendant. 		Criminal Law and Procedure 6DCA Oct. 23, 2018
In Re Swintek
Section 108(c) extends the limitations period so long as the creditor is barred by automatic stay from enforcing its judgment against the property of the estate. 		Bankruptcy 9th Oct. 23, 2018
In Re United States
Order 		USSC Oct. 23, 2018
Garcia v. Border Transportation Group, LLC
Summary adjudication was improper as to plaintiff's wage order claims; under 'ABC test,' defendants failed to present evidence to show that plaintiff provided services for other entities 'independently.' 		Employment Law 4DCA/1 Oct. 23, 2018
A.G. v. County of Los Angeles
As the moving party for summary judgment, defendants in wrongful death action brought by non-biological child of decedent have burden or rebutting parentage presumption to challenge standing. 		Civil Procedure 2DCA/7 Oct. 22, 2018
Sandoval v. Qualcomm Inc.
No instructional error when jury was not specifically instructed that, to be liable, defendant must have 'affirmatively contributed' to plaintiff's injury, because the instructions given were an accurate reflection of the law. 		Torts 4DCA/1 Oct. 22, 2018
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