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Certified Tire and Service Centers Wage and Hour Cases
No minimum wage violation when defendant's compensation program paid employees for all hours worked at a rate above minimum wage, regardless of their productivity, and regardless of the type of activity performed. 		Labor Law 4DCA/1 Oct. 5, 2018
People v. Pipkin
The redesignation of a qualifying offense as a misdemeanor pursuant to Proposition 47 does not preclude recommitment as a Mentally Disordered Offender. 		Criminal Law and Procedure 1DCA/4 Oct. 4, 2018
People v. Gutierrez
When DUI suspect is given the choice between a breath test and blood test, and elects blood test, a search warrant is not required to administer the blood draw. 		Criminal Law and Procedure 1DCA/4 Oct. 4, 2018
Schulz v. Jeppesen Sanderson, Inc.
When determining whether a proposed fee is reasonable, "[t]he court must give consideration to the terms of any representation agreement made between an attorney and the representative of a minor. 		Attorneys 2DCA/1 Oct. 4, 2018
U.S. v. Gray
Per FRCP rule 32.1, parolee must be afforded chance to speak before court imposes post-revocation sentence, and must be given chance to dispute factual information underlying sentence. 		Criminal Law and Procedure 9th Oct. 4, 2018
In re Easysaver Rewards Litigation
Under the Class Action Fairness Act, district courts are required to consider the value of only those coupons 'that were actually redeemed' when calculating the relief awarded to a class. 		Consumer Law 9th Oct. 4, 2018
De La Torre v. CashCall
Order 		9th Oct. 4, 2018
San Diego Unified Port Dist. v. Cal. Coastal Commission
A core principle of the California Coastal Act of 1976 is to maximize public access to and along the coast as well as recreational opportunities in the coastal zone. 		Government 4DCA/1 Oct. 3, 2018
Westsiders Opposed v. City of Los Angeles
Charter cannot be construed as restricting municipal power without clear mandate in the charter itself; thus, amendment of the General Plan was not barred by the City Charter. 		Municipal Law 2DCA/8 Oct. 3, 2018
People v. Delgado
Though 'Miranda' requires that a unwarned admission must be suppressed, the admissibility of any subsequent statement should turn solely on whether it is knowingly and voluntarily made. 		Criminal Law and Procedure 3DCA Oct. 3, 2018
People v. Linville
Prosecution not barred from charging defendant with murder when defendant previously pled guilty to accessory after the fact to the killings because it did not involve the same course of conduct. 		Criminal Law and Procedure 1DCA/2 Oct. 2, 2018
People v. Espinoza
Trial court abused its discretion in denying defendant's motion to withdraw guilty plea because he wasn't sufficiently advised of the severe immigration consequences of his plea, which mandated removal. 		Attorneys 2DCA/2 Oct. 2, 2018
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. 2, 2018
National Lawyers Guild v. City of Hayward
A government agency can recover specified ancillary costs, when compliance with the request for an electronic record would require data compilation, extraction, or programming to produce the record. 		Government 1DCA/3 Oct. 2, 2018
People v. Wong
Under Penal Code Section 654, the trial court erred when it imposed three consecutive one-year enhancements for the use of deadly weapons to the same aspect of a criminal act. 		Criminal Law and Procedure 2DCA/8 Oct. 2, 2018
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. 2, 2018
Lofton v. Wells Fargo Home Mortgage
An experienced trial judge is the best judge of the value of professional services rendered in his or her court. 		Attorneys 1DCA/3 Oct. 2, 2018
Saravia v. Sessions
Granting preliminary injunction to class of noncitizen minors, requiring a prompt hearing before a neutral decision-maker to contest gang allegations, was not an abuse of discretion because existing procedures were inadequate. 		Immigration 9th Oct. 2, 2018
Paradise Irrigation Dist. v. Commission on State Mandates
Local water districts retain authority, notwithstanding Prop 218, to levy new fees to compensate for improved service requirements within state statute; thus statute not unfunded mandate. 		Government 3DCA Oct. 2, 2018
People v. Fleming
A trial court's response to a jury question can be erroneous even if it does not technically misstate the law. 		Criminal Law and Procedure 2DCA/2 Oct. 1, 2018
People v. Gonzalez
A motion to withdraw a guilty plea under Penal Code Section 1437.7 was correctly denied where defendant failed to satisfy the first prong of the 'Strickland' test for his claim of ineffective assistance of counsel. 		Attorneys 4DCA/1 Oct. 1, 2018
The Inland Oversight Committee v. City of San Bernardino
Res judicata barred appellants' claim that proposed changes in development were not 'minor modifications' pursuant to the process adopted in the Second Addendum, thus violating the California Environmental Quality Act. 		Civil Procedure 4DCA/2 Oct. 1, 2018
People v. Frahs
A diversion program for defendants with diagnosed mental disorders can be applied retroactively where defendant was tried and convicted before the statute became effective, if the case is not yet final on appeal. 		Criminal Law and Procedure 4DCA/1 Oct. 1, 2018
In re Loza
Because the Supreme Court of California held that the natural and probable consequences theory can no longer support a premeditated murder conviction, petitioner's first degree murder conviction must be vacated. 		Criminal Law and Procedure 4DCA/3 Oct. 1, 2018
Atempa v. Pedrazzani
Both the employer and any 'other person' who causes a violation of the overtime pay or minimum wage laws are subject to specified civil penalties. 		Labor Law 4DCA/1 Oct. 1, 2018
Skidmore v. Led Zeppelin
District court erred by failing to instruct jury that under extrinsic test there can be copyright protection on the basis of a sufficiently original combination of otherwise non-protectable music elements. 		Copyright 9th Oct. 1, 2018
Payton v. CSI Electrical Contractors
In a motion seeking certification of a class, the existence of any common policy is not sufficient to show that common issues predominate. 		Civil Procedure 2DCA/2 Oct. 1, 2018
Jabo v. YMCA of San Diego Co.
Summary judgment properly granted where YMCA's rental of field to non-member did not create statutory duty of care under 'health or fitness studio' provision of Health and Safety Code. 		Torts 4DCA/1 Oct. 1, 2018
Golden Door Properties v. Co. of San Diego
Trial court properly ruled that a matter was unripe, where the controversy did not apply to a specific facts. 		Environmental Law 4DCA/1 Oct. 1, 2018
San Francisco Police Officers' Assn. v. San Francisco Police Com.
A use of force policy is as closely akin to a managerial decision as any decision can be in running a police department 		Employment Law 1DCA/2 Sep. 28, 2018
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