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Hornish Joint Living Trust v. King County
A district court properly ruled that plaintiffs lacked Article III standing where they lacked property interest in area under quiet title dispute.
Real Property 9th Aug. 6, 2018
Pena v. Lindley
Regulations requiring new firearms to bear certain safety mechanisms and a microstamping device to identify discharged rounds passes intermediate scrutiny as 'reasonable' means toward important governmental ends of public safety and crime prevention.
Constitutional Law 9th Aug. 6, 2018
Modification: People v. Koback
Instrument, like car key swung at victim's torso after defendant warned he would gravely harm victim, may be viewed as 'deadly weapon' by jury if 'used in such a manner as to be capable' of producing great injury.
Criminal Law and Procedure 4DCA/2 Aug. 6, 2018
Staats v. Vintner's Golf Club, LLC
Gold course operator has duty of care to protect patrons from underground yellow jacket swarm where attack was "reasonably foreseeable," and policy factors favor application of duty.
Torts 1DCA/1 Aug. 3, 2018
Moen v. The Regents of the University of California
Where employer consistently indicated, through printed materials, that employees would maintain health insurance benefits through retirement, court erred by decertifying class to examine individual issues of reliance on the materials.
Civil Procedure 1DCA/5 Aug. 3, 2018
Nishiki v. Danko Meredith, APC
Attorney fee award affirmed where award makes employee successful party on appeal in superior court despite failing on some claims under Labor Code Section 98.2.
Employment Law 1DCA/4 Aug. 3, 2018
Boling v. Public Employment Relations Board
Meyers-Milias-Brown Act requires mayor to 'meet and confer' with municipal employees during process by which mayor sought to eliminate new employee pensions via voter initiative.
Administrative Agencies CASC Aug. 3, 2018
Christie v. Georgia-Pacific
Retirement that is 'voluntary' in nature does not necessarily preclude injured employee from successfully claiming full permanent disability benefits for work-related injury.
Administrative Agencies 9th Aug. 3, 2018
California v. Iipay Nation of Santa Ysabel
Summary judgment finding that operation of online casino violates Unlawful Internet Gambling Enforcement Act affirmed where casino’s patrons’ activity of placing bet or wager while not on tribal lands renders casino’s operation unlawful.
Gaming 9th Aug. 3, 2018
U.S. v. Ochoa-Orogel
Conviction for unlawful re-entry under 8 U.S.C. Section 1326 reversed where prior removal proceedings were fundamentally unfair.
Immigration 9th Aug. 3, 2018
People v. Brayton
Attempted theft of less than $950 using a false identity should be considered 'shoplifting' under Prop 47-created provision.
Criminal Law and Procedure 2DCA/6 Aug. 2, 2018
Hansen v. Newegg.com Americas
Sustention of demurrer for lack of standing to bring claims under unfair competition law and false advertising law reversed where plaintiff relied on misrepresentation to purchase products he would not have purchased but for misrepresentation.
Consumer Law 2DCA/7 Aug. 2, 2018
People v. Phung
Prop 57 and Senate Bill 620 both apply retroactively under 'Estrada,' require remand where appellant's case was not final at time changes in law were enacted.
Criminal Law and Procedure 4DCA/3 Aug. 2, 2018
People v. Bilbrey
Dismissal for violation of speedy trial right not abuse of discretion where People appeal retrial grant after habeas ruling, but fail to attempt to stay lower court proceedings.
Criminal Law and Procedure 1DCA/2 Aug. 2, 2018
People v. Fleming
A trial court properly found that there was substantial evidence such that a jury could convict defendant for violating Penal Code Section 289(f).
Criminal Law and Procedure 5DCA Aug. 2, 2018
Jaime G. v. H.L.
Judgment granting domestic abuser joint custody and majority of visitation time reversed and remanded where court fails to address each of Family Code Section 3044's seven factors in statement of reasons for rebutting Section 344 presumption.
Family Law 2DCA/7 Aug. 2, 2018
Santa Rosa Memorial Hospital v. Kent
Medicaid Act precludes private enforcement of 42 U.S.C. Section 1396a(a)(30)(A).
Health Care 1DCA/3 Aug. 2, 2018
San Francisco v. Trump
'No reasonable argument' that President did not exceed authority in ordering withheld Congressionally-approved appropriations to 'sanctuary' jurisdictions.
Constitutional Law 9th Aug. 2, 2018
Planned Parenthood v. Center for Medical Progress
Order
9th Aug. 2, 2018
Alaska Airlines v. Schurke
Judgment finding that state law claim is not preempted by Railway Labor Act affirmed where state law claim neither arises entirely from nor requires construction of collective bargaining agreement.
Labor Law 9th Aug. 2, 2018
Peredia v. HR Mobile Services, Inc.
Summary judgment reversed where Civil Code Section 2343 allows plaintiffs to assert negligent undertaking tort claim.
Civil Procedure 5DCA Aug. 1, 2018
Melendres v. U.S.
Federalism principles do not defeat district court's 'broad discretion to fashion injunctive relief;' court did not abuse discretion in formulating detailed injunction where local authorities deliberately violated the provisions of prior injunctions.
Civil Rights 9th Aug. 1, 2018
Estill v. County of Shasta
Judgment granting plaintiff new trial reversed where defendant is not required to provide warning and notice under Section 911.3.
Civil Procedure 3DCA Aug. 1, 2018
Interpipe Contracting v. Becerra
A lower court properly found that Senate Bill 954 was not preempted by the National Labor Relations Act.
Labor Law 9th Jul. 31, 2018
Tunac v. U.S.
Accrual of medical malpractice claim under Federal Tort Claims Act occurs where plaintiff knew or reasonably should have known the cause of the injury.
Torts 9th Jul. 31, 2018
Gordon v. Drape Creative Inc.
To qualify for protection from trademark infringement suit, user of registered trademark in expressive work must add own artistic expression.
Intellectual Property 9th Jul. 31, 2018
Von Saher v. Norton Simon Museum of Art
A district court properly granted summary judgment in favor of a defendant museum in an action by a plaintiff where a foreign country had already adjudicated the property disputed in the case.
International Law 9th Jul. 31, 2018
U.S. v. Mickey
Jurors need not reach unanimity as to single particular 'means' used to commit element of crime.
Criminal Law and Procedure 9th Jul. 31, 2018
Guo v. Sessions
BIA erred by finding Petitioner's asylum claims failed to rise to the level of religious persecution, portraying harm to petitioner as 'single, isolated' encounter with the authorities.
Immigration 9th Jul. 31, 2018
People v. Buycks
Enhancements under Penal Code Sections 12022.1 and 667.5, if not final when Prop 47 become effective, may be stricken where petitioner successfully reduces prior felonies upon which enhancements rest.
Criminal Law and Procedure CASC Jul. 31, 2018