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Hernandez v. City of San Jose
Qualified immunity properly denied where police officers took 'affirmative action' with 'deliberate indifference' to put political protesters at rally in known danger.
Civil Rights 9th Jul. 30, 2018
Hicks v. PGA Tour
Dismissal of antitrust and related state law claims in action claiming that defendant failed to obtain plaintiffs' consent before enforcing uniform regulation affirmed where contract between parties establishes consent in consideration of parties' prior dealings.
Antitrust 9th Jul. 30, 2018
U.S. v. Turner
Judgment affirmed where court does not err in finding that defendant waived right to counsel by 'repeatedly alternat[ing] between invoking right to self-representation and his right to counsel.'
Criminal Law and Procedure 9th Jul. 30, 2018
Mendez v. Conley
Warrantless search and entry by law enforcement officers into an inhabited dwelling correctly deemed proximate cause of the victims' resulting injuries, giving basis for Section 1983 suit.
Constitutional Law 9th Jul. 30, 2018
CA Water Impact Network v. Co. of San Luis Obispo
Because groundwater well approval 'shall' be issued where applicant meets certain fixed standards, issuing is ministerial act that does not trigger CEQA review.
Environmental Law California Courts of Appeal Jul. 30, 2018
National Conference of Black Mayors v. Chico Community Publishing, Inc.
Trial court properly denied an attorney fees motion under Public Records Act since party did not withhold requested documents.
Public Records Act 3DCA Jul. 27, 2018
People v. Jimenez
Order
2DCA/6 Jul. 27, 2018
In re Manriquez
Petition for habeas relief alleging prejudicial jury misconduct denied where there is no substantial likelihood that juror was biased toward petitioner.
Criminal Law and Procedure CASC Jul. 27, 2018
Troester v. Starbucks Corporation
In answering a question posed by the 9th Circuit this Court held that the relevant California statutes and wage orders have not incorporated the "de minimis" doctrine found in the Fair Labor Standards Act
Labor Law CASC Jul. 27, 2018
Frimmel Management v. U.S.
Petition for review of ALJ’s order denying suppression of records obtained through ICE investigation resulting from county sheriff’s office’s illegal raid granted where ICE investigation is not attenuated from raid.
Immigration 9th Jul. 27, 2018
McGreevey v. PHH Mortgage Corp.
Catchall limitations period in 28 U.S.C. Section 1658 applies to time bar delayed filing of servicemember against defendants that foreclosed on his home after he returned from a tour of duty.
Real Property 9th Jul. 27, 2018
U.S. v. Holden
Conviction of mail and wire fraud affirmed where court's interpretation that relevant statutes criminalize 'participation' in defraud schemes does not violate separation-of-powers principles.
Criminal Law and Procedure 9th Jul. 27, 2018
Alliance for the Wild Rockies v. Savage
Where Forest Service fails to clearly show new road miles in project won't increase baseline miles within protected National Forest area home to threatened grizzly bear species, action is arbitrary and capricious.
Environmental Law 9th Jul. 27, 2018
Modification: Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc.
California law provides that duty to defend may be required of insurer in negligent hiring context, even where acts of hired employee causing harm were willful.
Insurance CASC Jul. 27, 2018
People v. Yates
Expert testimony is inadmissible hearsay where it 'relates as true case-specific content of documents' not admitted into evidence and not shown to be exceptions to hearsay.
Criminal Law and Procedure 2DCA/2 Jul. 26, 2018
People v. Morales
A trial court erroneously denied a noncitizen's application by determining that under the statute the applicant was barred from bringing *any* Section 1473.7 motion until after the entry of a final removal order.
Immigration 1DCA/2 Jul. 26, 2018
Jackson v. Superior Court
Prosecutor violates Penal Code 939.5 by dismissing grand juror, but no due process violation where remaining jurors were 'in no way undermined' in ability to determining whether to charge defendant.
Constitutional Law 1DCA/4 Jul. 26, 2018
Fluidmaster v. Fireman's Fund Ins. Co.
Case remanded under 'Kirk v. First American Title Ins. Co.' for reevaluation where disqualified attorney departs from mega-firm during pendency of appeal.
Attorneys 4DCA/3 Jul. 26, 2018
Tripplett v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board did not err in rejecting a claim due to lack of jurisdiction, where neither professional football player claimant nor his agent was in California when relevant contract signed.
Workers' Compensation 4DCA/3 Jul. 26, 2018
In re Wrightwood Guest Ranch
Judgment affirmed where appellants fail to timely assert right to object to settlement agreement they challenge on appeal.
Bankruptcy 9th Jul. 26, 2018
Freedom From Religion Foundation v. Chino Valley Unified School District
Board of Education's official policy of beginning meetings with religion invocation not within 'Legislative Prayer Exception,' violates 'Lemon' test due to religious purpose.
Constitutional Law 9th Jul. 26, 2018
Echavarria v. Filson
Due process violation where judge who sentenced defendant to death had conflicts of interest creating an unacceptable risk of bias.
Constitutional Law 9th Jul. 26, 2018
People v. Bear
Under Prop 47, Penal Code Section 1170.18 does not preclude amended resentencing petition.
Criminal Law and Procedure 6DCA Jul. 25, 2018
Modification: People v. Warren
Where intent clear in Prop 47 to 'relieve defendants of the burdens of both felony convictions and felony sentences,' prison time served for reclassified offense cannot be basis for subsequent enhancement based on time served for a felony.
Criminal Law and Procedure 5DCA Jul. 25, 2018
Munro v. University of Southern California
Denial of motion to compel arbitration affirmed where action’s claims are brought on behalf of ERISA plans and therefore do not fall within scope of arbitration agreement.
Arbitration 9th Jul. 25, 2018
Slone v. Commissioner of Internal Revenue
Judgment reversed where debtor's transfer operates as a liquidated distribution designed to avoid tax liability and is therefore constructively fraudulent.
Tax 9th Jul. 25, 2018
Altera Corp. v. Commissioner of Internal Revenue
Regulations on related entities sharing cost of employee stock compensation not 'arbitrary and capricious' exercise of Treasury's regulatory power.
Tax 9th Jul. 25, 2018
OTR Wheel Engineering v. West Worldwide Services
Jury verdict finding defendant liable for reverse passing off under Lanham Act affirmed where defendant passes off plaintiff’s genuine products as his own.
Intellectual Property 9th Jul. 25, 2018
Glacier Films v. Turchin
Where court's denial of attorney fees is based at least in part on court's exasperation with other, similar but unrelated suits, denial is abuse of discretion.
Copyright 9th Jul. 25, 2018
Golden v. California Emergency Physicians Medical Group
Settlement agreement reversed where it violated Business & Professions Code Section 16600 by placing a substantial restriction on the doctor's ability to practice medicine.
Employment Law 9th Jul. 25, 2018