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Atwell v. City of Rohnert Park
Trial court properly found that a petition barred by res judicata where prior plaintiffs sued over similar city action approving retail development.
Environmental Law 1DCA/1 Sep. 28, 2018
Martine v. Heavenly Valley L.P.
Appellant's common carrier argument failed because rescue patrollers, at a patroller's discretionary election, transport injured skiers to the bottom of the mountain without any apparent compensation.
Torts 3DCA Sep. 28, 2018
In re L.O.
Accessing social media sites is a fundamental principle of the First Amendment, as all persons 'must have access to places where they can speak and listen.'
Juveniles 1DCA/4 Sep. 28, 2018
Modification: Findleton v. Coyote Valley Band of Pomo Indians
Appellants failed to oppose fee motion on the merits in superior court; thus waived the issue.
Native American Affairs 1DCA/2 Sep. 28, 2018
Marriage of Morton
The trial court erred when it excluded husband's income tax returns from his net income available for child support.
Family Law 5DCA Sep. 28, 2018
Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology
Order
2DCA/3 Sep. 28, 2018
Skidgel v. California Unemployment Insurance Appeals Board
Order
1DCA/5 Sep. 28, 2018
Estate of Obata
Probate court correctly ruled that California law recognizes the Japanese practice called 'yoshi-engumi' as an adoption within the meaning of Probate Code Sections 6450 and 6451.
Family Law 1DCA/3 Sep. 28, 2018
AFDI v. King County
Giving offense is a viewpoint, thus rejecting an advertisement solely because it offends is deemed not to be viewpoint neutral
Constitutional Law 9th Sep. 28, 2018
Department of Corrections v. W.C.A.B.
Section 4660 should be used when administrative judge makes determination of overall permanent disability.
Workers' Compensation 3DCA Sep. 27, 2018
Jones v. IDS Property Casualty Insurance Co.
Insurance company's per-person limit was properly applied to limit payout of damages, though separate damages had been awarded to spouse for loss of consortium, as latter arises from 'bodily injury to...spouse who can no longer perform.'
Insurance 3DCA Sep. 27, 2018
People ex rel. Becerra v. Huber
Two of three causes of action against 'Indian' were criminal in nature; thus state court had plenary criminal jurisdiction to hear those cases under Public Law 280, Section 2.
Native American Affairs 1DCA/4 Sep. 27, 2018
In re: Richard R. Lane
Because lack of standing argument did not invalidate Appellant's lien, bankruptcy court erroneously voided the first-position lien under Bankruptcy Code Section 506(d) based on disallowance of the claim.
Bankruptcy BAP Sep. 27, 2018
American Airlines v. Mawhinney
Department of Labor independent investigations do not subject the investigated party to the waiver of any arbitration right it has in regards to the claims being investigated
Employment Law 9th Sep. 27, 2018
USSEC v. Schooler
District court correctly ruled in favor of SEC, where a company's general partnership interests were actually investment contracts and qualified as securities under federal law.
Securities 9th Sep. 27, 2018
People v. Fews
Patsearch of passenger in vehicle may be supported by reasonable suspicion whether or not vehicle search itself was supported by probable cause.
Constitutional Law 1DCA/1 Sep. 26, 2018
In re Molly T.
The disentitlement doctrine is not only applicable to disobedience of an order being appealed; it also applies to 'egregious' conduct that frustrates a juvenile court from carrying out its orders.
Family Law 4DCA/2 Sep. 26, 2018
Findleton v. Coyote Valley Band of Pomo Indians
Appellants failed to oppose fee motion on the merits in superior court; thus waived the issue.
Native American Affairs 1DCA/2 Sep. 26, 2018
Sumner v. Simpson University
The ministerial exception does not bar breach of contract claims so long as such claims do not require a review of the employee's religious qualifications or performance.
Employment Law 3DCA Sep. 26, 2018
Myers v. Sessions
Appellate panel may only base affirmance of removal on grounds considered and decided by BIA; remand required where evidence unclear as to petitioner's cancellation attempt based on continuous presence in United States.
Immigration 9th Sep. 26, 2018
Fidelitad Inc. v. Insitu Inc.
A private entity must be involved in an effort to assist, or to help carry out, the duties of a federal superior in order to invoke 28 U.S.C. Section 1442(a)(1).
Civil Procedure 9th Sep. 26, 2018
O'Connor v. Uber
District court's denial of Uber's motion to compel arbitration was reversed; the question of arbitrability was designated to the arbitrator.
Arbitration 9th Sep. 26, 2018
North Valley Mall v. Longs Drug Stores
Reverse triangular merger did not effect a de factor merger; there was no evidence that defendants structured it to disadvantage creditors or shareholders.
Corporations 3DCA Sep. 26, 2018
Shenouda v. Veterinary Med. Bd.
Appellant failed to identify the factual findings he was challenging and provided few citations to the administrative record to support his argument; thus he forfeited his assignment of error.
Evidence 2DCA/4 Sep. 25, 2018
Ayon v. Esquire Deposition Solutions
Summary judgment may not be denied solely on the basis of the credibility of the moving party's witnesses.
Torts 4DCA/3 Sep. 25, 2018
Rubin v. U.S.
District court improperly rejected taxpayer's amended returns given they adequately identified inconsistencies between his tax returns and those of his S Corporation.
Tax 9th Sep. 25, 2018
Turner v. Seterus, Inc.
Under Civil Code Section 2924c, trustor is entitled to make back payments and reinstate the terms of the loan; thus, tender of the full amount of the loan was unnecessary.
Real Property 3DCA Sep. 25, 2018
Modification: Williams v. The Pep Boys
A trial court erred in failing to award damages for the costs of providing home health services to decedent where he was cared for at home.
Torts 1DCA/4 Sep. 25, 2018
Moss Bros. Toy, Inc. v. Ruiz
A trial court properly granted an anti-SLAPP motion where the complaint was based on protected activity.
Anti-SLAPP 4DCA/2 Sep. 24, 2018
Melissa G. v. Raymond M.
The trial court erred when it interpreted Family Code Section 6305 as not requiring factual findings when two parties seek restraining orders against each other based on separate incidents.
Family Law 2DCA/5 Sep. 24, 2018