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Hacker v. Homeward Residential, Inc.
Trial court abused discretion in denying leave to amend where the appellant introduced sufficient facts as to ownership of the property in question. 		Real Property 2DCA/1 Aug. 20, 2018
Webster v. Claremont Yoga
Suit against yoga instructor properly governed by professional negligence rules; thus, uncontradicted expert declaration sufficient to support defendants' summary judgment motion. 		Torts 2DCA/1 Aug. 20, 2018
Mellen v. Winn
Qualified immunity improperly granted in civil rights suit where officer withheld material impeachment evidence about unreliable paid informant. 		Qualified Immunity 9th Aug. 20, 2018
Dent v. Sessions
Arizona state crime of third-degree escape not 'aggravated felony' under categorical approach comparison with federal 'crime of violence,' as former criminalizes conduct not implicating use or threat of force. 		Immigration 9th Aug. 20, 2018
Center for Biological Diversity v. Zinke
Considering only the current range of the arctic grayling when determining whether it was in danger of extinction was a reasonable interpretation of federal statute. 		Environmental Law 9th Aug. 20, 2018
U.S. v. Guizar-Rodriguez
Battery committed with the use of a deadly weapon under Nevada law is categorically a crime of violence and thus, defendant's conviction for illegal reentry was affirmed. 		Criminal Law and Procedure 9th Aug. 20, 2018
Modification: Lafferty v. Wells Fargo Bank, N.A.
Regulation limiting recovery by consumer to amount paid under installment contract does not prevent court from awarding costs and prejudgment interest where statutes provide that such awards be allowed 'in any action.' 		Contracts 3DCA Aug. 20, 2018
In re Avignone
Under 'In re Humphrey,' when considering a bail amount, the court must look to the availability of funds and must not consider a hypothetical situation based on the charged crimes. 		Criminal Law and Procedure 4DCA/1 Aug. 17, 2018
People v. Zepeda
Sufficient evidence supports conviction of sexual abuse of a child by force where size differential and other contextual factors suggest crimes were effected by duress. 		Criminal Law and Procedure 1DCA/4 Aug. 17, 2018
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 Aug. 17, 2018
Winslett v. 1811 27th Avenue, LLC
Trial court erred in striking tenant's claim via anti-SLAPP motion where her claims did not arise out of protected activity. 		Real Property 1DCA/4 Aug. 17, 2018
Modification: Post Foods, LLC v. Superior Court
Petition for writ of mandate granted where seemingly required Proposition 65 warning is preempted by federal law. 		Civil Procedure 2DCA/1 Aug. 17, 2018
Rangel v. PLS Check Cashers of California, Inc.
Broad settlement of state-court class action covering all potential claims 'factually-related' to resolved claims bars subsequent federal action on same facts, though federal claims may not have been able to be brought in earlier suit. 		Civil Procedure 9th Aug. 17, 2018
Moore v. Urquhart
Federal Courts Improvement Act providing judicial immunity does not preclude suit seeking injunctive relief against Sheriff executing eviction orders. 		Constitutional Law 9th Aug. 17, 2018
Fowler v. Guerin
The interest held in retirement accounts is private property and the skimming of such private property by the state constitutes a per se taking under the Takings Clause. 		Constitutional Law 9th Aug. 17, 2018
Bianka M. v. Superior Court
An action for sole custody may proceed even if one parent cannot be joined as a party, provided that the absent parent has received adequate notice 		Civil Procedure CASC Aug. 17, 2018
People v. Orozco
Order 		4DCA/1 Aug. 17, 2018
Modification: People v. Case
Restitution fine reduced by amount of requisite direct victim restitution payment pursuant to Government Code former Section 13967(c), which was in effect at time of victim's crimes. 		Criminal Law and Procedure CASC Aug. 17, 2018
Modification: People v. Lopez
Murder conviction and corresponding death sentence affirmed where court does not err in allowing character evidence of defendant's prior commission of welfare fraud to rebut defendant's broad testimony of allegedly good character. 		Criminal Law and Procedure CASC Aug. 17, 2018
Ehret v. WinCo Foods, LLC
Collective bargaining agreement waiving employees' statutory right to a meal break during shifts of between 5 and 6 hours may properly be upheld as waiver of such right. 		Labor Law 4DCA/2 Aug. 16, 2018
Heidary v. Superior Court
A writ of prohibition was correctly denied where due process was satisfied; defendant was provided with adequate notice of the charges against him. 		Criminal Law and Procedure 4DCA/2 Aug. 16, 2018
Jackpot Harvesting Co. v. Superior Court (Monterey)
The safe harbor provision of Labor Code section 226.2(b) is clear; it provides a defense to employers for any pre-2016 claims for unpaid rest/nonproductive time. 		Labor Law 6DCA Aug. 16, 2018
Center for Biological Diversity v. Dept. of Conservation
Safe Water Drinking Act obligates state agency to protect nonexempt aquifers from potential oil and gas contamination, but does not compel agency 'to perform that legal duty in a particular manner.' 		Environmental Law 1DCA/5 Aug. 16, 2018
Modification: Lacagnina v. Comprehend Systems, Inc.
An 'at will' provision in an employment contract does not mean an employer can avoid tort liability for fraudulent inducement of contract based on the contract's inclusion of said provision. 		Employment Law 1DCA/4 Aug. 16, 2018
Hall v. Dept. of Motor Vehicles
'Successful party,' for purposes of Code of Civil Procedure Section 1021.5 attorney fee award provision, must achieve 'primary litigation goal.' 		Civil Procedure 4DCA/1 Aug. 16, 2018
U.S. v. Juvenile Male
Under Section 5037(d)(5), juveniles over the age of 21 receive credit for previous terms of official detention when their juvenile delinquent supervision is revoked because the Federal Juvenile Delinquency Act's purpose is rehabilitative. 		Juveniles 9th Aug. 16, 2018
In re Complaint of Judicial Misconduct
Order 		9th Aug. 16, 2018
Gila River Indian Community v. U.S. Dept. of Veterans Affairs
Veterans' Judicial Review Act of 1988 bars district court from hearing dispute over health insurance benefits sought by veterans to apply to care given within Indian community's health care organization. 		Veterans' Affairs 9th Aug. 16, 2018
Sea Breeze Salt v. Mitsubishi Corp.
'Official act' for purposes of the 'act of state doctrine' may be performed by government-owned corporation; where 51-percent foreign-government-owned corporation makes decision to exploit country's natural resource, act outside reach of U.S. court based on doctrine. 		International Law 9th Aug. 16, 2018
Packsys v. Exportadora De Sal
The commercial activity exception to foreign sovereign immunity is inapplicable when a Mexican corporation's agent lacked actual authority to enter into a contract. 		International Law 9th Aug. 16, 2018
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