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In re Edwards
Petitioner's habeas corpus petition was granted; The California Department of Corrections and Rehabilitation was directed to treat as void and repeal its promulgated regulations concerning 'nonviolent felony' offenses under Proposition 57.
Criminal Law and Procedure 2DCA/5 Sep. 11, 2018
California Trucking Assoc. v. Su
A district court correctly found that the Federal Aviation Authorization Act does not preempt a state law standard for employee/independent contractor classification decisions.
Labor Law 9th Sep. 11, 2018
American Federation of Musicians of the U.S. and Canada v. Paramount Pictures
The district court erred in granting summary judgment; there was a genuine dispute of material fact whether defendant 'produced' the motion picture, thus breaching its Basic Agreement to score domestically.
Labor Law 9th Sep. 11, 2018
Scott v. County of San Bernardino
District court properly granted summary judgment and denied qualified immunity where officers arrested minors in violation of the Fourth Amendment to the U.S. Constitution given that their arrests were not 'justified at their inception.'
Constitutional Law 9th Sep. 11, 2018
Ioane v. Noll
Individual has established Fourth Amendment right to privacy against intrusion involving visual search of naked body, where intrusion into privacy outweighs given governmental interests.
Constitutional Law 9th Sep. 11, 2018
Barefoot v. Jennings
Where former beneficiary is 'expressly disinherited' from inter vivos trust by amendment, that party lacks standing to challenge reserved for beneficiaries.
probate_and_trusts 5DCA Sep. 11, 2018
In re D.Y.
Welfare and Institutions Code Section 366.3(a) did not obligate the dependency court to retain jurisdiction simply because the relative legal guardian objected to termination; the decision remained in the court's discretion.
Dependency 2DCA/4 Sep. 10, 2018
Friends of Riverside's Hills v. City or Riverside
Appellant's claims alleging that a development might violate land use provisions in the future was not a ground for preparing an Environmental Impact Review under the California Environmental Quality Act.
Environmental Law 4DCA/2 Sep. 10, 2018
Rynearson v. Ferguson
District court properly dismissed a challenge to a state cyberstalking statute, where the state protection proceedings didn't present the exceptional circumstances that warrant abstention.
Civil Rights 9th Sep. 10, 2018
InfoSpan Inc. v. Emirates NBD Bank PJSC
Party does not waive personal jurisdiction objection by fully litigating matter after bringing personal jurisdiction dismissal motion to adverse ruling.
Civil Procedure 9th Sep. 10, 2018
U.S. v. Garcia-Lopez
Because California robbery is no longer a 'crime of violence,' the panel vacated the district court's order denying Appellant's motion to withdraw his guilty plea for illegally reentering the United States after deportation.
Immigration 9th Sep. 10, 2018
American Fuel & Petrochemical Manufacturers v. O'Keeffe
District court properly rejected claims that a state environmental program violated the Commerce Clause or the Clean Air Act, where the state regulation regarding greenhouse emissions had 'valid factor unrelated to economic protectionism."
Constitutional Law 9th Sep. 10, 2018
Black v. City of Rancho Palos Verdes
Where prior cases do not centrally deal with proposition central to instant matter, reliance upon those cases for proposition that administrative remedies need not be exhausted is improper.
Constitutional Law 2DCA/1 Sep. 10, 2018
In re Bennett
Evidence was insufficient to support a finding that defendant was a 'major participant' who acted with 'reckless indifference to human life' in his first degree felony-murder conviction; thus he must be resentenced.
Criminal Law and Procedure 4DCA/3 Sep. 7, 2018
Pogosyan v. Appellate Division of Superior Court
A trial court erred by denying defendant's motion to dismiss after the 10-day limiting grace period had expired under Penal Code Section 1382.
Criminal Law and Procedure 2DCA/4 Sep. 7, 2018
King v. Great American Chicken Corp.
The district court's finding that plaintiff proved by a preponderance of the evidence that 'greater than two-thirds' of the putative class members were California citizens was not supported by sufficient evidence.
Civil Procedure 9th Sep. 7, 2018
Busker v. Wabtec Corp.
Order
9th Sep. 7, 2018
Turlock Irrigation District v. FERC
FERC improperly denied complaints by the Districts when it misinterpreted the definition of "Adverse Impact", without determining whether changes could result in reductions in transmissions.
Environmental Law 9th Sep. 7, 2018
Anderson v. Gipson
Petitioner's behavior at trial, including his suicide attempt, created a 'bona fide doubt' as to his mental competency; thus, due process required the trial to cease until a competency hearing had been held.
Criminal Law and Procedure 9th Sep. 7, 2018
Dent v. NFL
Plaintiffs' negligence claim regarding alleged violation of federal and state laws governing controlled substances was not preempted by Section 301 of the LMRA because they didn't arise out of Collective Bargaining Agreements and didn't require interpretation.
Labor Law 9th Sep. 7, 2018
Bridgepoint Construction Services v. Newton
Disqualification was automatic when an attorney simultaneously represented one client in a related action and another client in the instant action and the clients had adverse interests.
Attorneys 2DCA/6 Sep. 6, 2018
People v. Osotonu
Proposition 47 reclassification petition should have been granted, as bank ATM qualifies as a commercial establishment within the meaning of Penal Code Section 459.5
Criminal Law and Procedure 1DCA/4 Sep. 6, 2018
Barone v. City of Springfield
The government imposed an unconstitutional prior restraint when it prohibited an officer from speaking about 'anything' negative relating to the Springfield Police Department or City.
Constitutional Law 9th Sep. 6, 2018
M.S. v. Brown
District court did not err in dismissing a complaint for lack of standing given that 'structural constitutional limits prevent federal courts from ordering government officials to enact a bill that hasn't completed the legislative process.'
Civil Rights 9th Sep. 6, 2018
Harris v. County of Orange
District court erred in dismissing Retiree's contract claims because there was enough evidence for the pleading stage to show an implied contract requiring the continuation of The Grant Benefit in perpetuity.
Contracts 9th Sep. 6, 2018
People v. Carter
Under California Supreme Court precedent 'People v. Gutierrez,' a trial court was required to consider factors bearing on the 'distinctive attributes of youth' before imposing the equivalent of a LWOP sentence on a juvenile offender.
Constitutional Law 3DCA Sep. 6, 2018
Modification: Powell v. Tagami
Sufficient evidence supports court finding that trust beneficiary objected to accounting in bad faith where beneficiary fails to show reasonable cause supported objection.
probate_and_trusts 4DCA/1 Sep. 6, 2018
People v. Rodriguez
Prosecutor asserting facts not in evidence to bolster witness credibility during closing arguments commits reversible error.
Criminal Law and Procedure 5DCA Sep. 5, 2018
Modification: Powell v. Tagami
Sufficient evidence supports court finding that trust beneficiary objected to accounting in bad faith where beneficiary fails to show reasonable cause supported objection.
probate_and_trusts 4DCA/1 Sep. 5, 2018
U.S. v. Peterson
District court properly denied a motion to suppress evidence where the suspect's personal belongings would have been inevitably discovered during booking procedures.
Criminal Law and Procedure 9th Sep. 5, 2018