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Multani v. Knight
Summary judgment against holdover tenant who brought quiet enjoyment action against landlord proper.
Real Property 2DCA/4 May 30, 2018
Jensen v. City of Santa Rosa
City not required to conduct an CEQA analysis where complaining parties unable to substantiate their noise impact claims.
Environmental Law 1DCA/4 May 30, 2018
A Better Way for BPA v. U.S. Doe Bonneville Power Admin.
Dismissal of Freedom of Information Act action for lack of standing for failure to adequately identify FOIA requester reversed where request form clearly indicates that nonprofit organization is requester.
Public Records Act 9th May 30, 2018
Reid v. City of San Diego
Demurrer granted on statute of limitations grounds affirmed where limitations period, which provides a reasonable time to bring action, is consistent with due process.
Civil Procedure 4DCA/1 May 30, 2018
Lagos v. United States
'Investigations' and 'proceedings' as cited in Mandatory Victims Restitution Act should be construed narrowly, and refer only to government investigations and criminal proceedings.
Remedies 5DCA May 30, 2018
Collins v. Virginia
Fourth Amendment protections of home and its curtilage trump automobile exception to general warrant requirement; preclude unwarranted search of vehicle on defendant's curtilage.
Constitutional Law USSC May 30, 2018
United Healthcare Services Inc. v. Riederer
Order
USSC May 30, 2018
City of Hays v. Vogt
Order
USSC May 30, 2018
Shaw v. Experience Information Solutions
Claims under 15 U.S.C. Sections 1681e and 1681i fail where plaintiff asserting claims fails to show inaccurate reporting.
Consumer Law 9th May 30, 2018
In re Point Center Financial
'Persons aggrieved' by bankruptcy court order possess appellate standing, whether or not they object or attend a hearing of which they were aware, and after which such an order issues.
Bankruptcy 9th May 30, 2018
Modification: Professional Collection Consultants v. Lujan
Summary judgment on statute of limitations grounds that is granted to defendant under Delaware law is affirmed where plaintiff fails to carry burden to show triable issue of material fact.
Civil Procedure 1DCA/2 May 30, 2018
Huff v. Securitas Security Services USA, Inc.
Employee seeking penalties for Labor Code violations under PAGA representative action may pursue penalties for all violations if employee was affected by at least one Labor Code violation.
statutory_interpretation 6DCA May 29, 2018
People v. Brown
Report of child sexual abuse made to law enforcement by person or agency other than child victim does trigger one-year limitations period under former Penal Code Section 803(g).
Criminal Law and Procedure 1DCA/2 May 29, 2018
Abed v. Western Dental Services, Inc.
Western Dental is not immune from pregnancy discrimination lawsuit where its actions effectively thwarted pregnant extern from even applying for open position.
Employment Discrimination 1DCA/1 May 29, 2018
Modification: People v. Blessett
Failure to raise 'specific' and 'timely' confrontation clause challenge forfeits claim, even where standing law likely would have defeated it, since 'writing was on the wall' that such would change.
Constitutional Law 3DCA May 29, 2018
City of Hays v. Vogt
Order
USSC May 29, 2018
Delano Farms Co. v. California Table Grape Commission
Ketchum Act's compelled-subsidy program requiring unwilling table grape growers to contribute to California Table Grape Commission's advertising promoting table grapes does not violate growers' free speech rights.
Constitutional Law CASC May 25, 2018
Facebook Inc. v. Superior Court (Hunter)
Communications configured by social media users to be public fall within Stored Communication Act's 'lawful consent' exception, presumptively allowing social media provider to disclose such communication.
statutory_interpretation CASC May 25, 2018
In re Lewis
Death row inmate is ineligible for execution because he is indeed intellectually disabled within the meaning of 'Atkins.'
Criminal Law and Procedure CASC May 25, 2018
Professional Collection Consultants v. Lujan
Summary judgment on statute of limitations grounds that is granted to defendant under Delaware law is affirmed where plaintiff fails to carry burden to show triable issue of material fact.
Civil Procedure 1DCA/2 May 24, 2018
J.N. v. Superior Court
Juvenile court fails to consider statutory factors in evaluating juvenile homicide offender's suitability for treatment in juvenile court system, warranting vacatur of order finding juvenile unsuitable.
Juveniles 4DCA/3 May 24, 2018
People v. Balov
Arresting officer's failure to inform drunk driver of consequences of refusing chemical test did not render driver's consent to such test coercive or involuntary.
Criminal Law and Procedure 4DCA/1 May 24, 2018
Modification: Nielsen Contracting Inc. v. Applied Underwriters Inc.
Arbitration and delegation provisions are unenforceable where they were made in violation of regulatory statute and no exception justifying violation applies.
Contracts 4DCA/1 May 24, 2018
Marriage of Rodriguez
Judgment affirmed where court correctly applies 'Asfaw v. Woldberhan' in choosing not to deduct asset depreciation from parent's income calculations for child support.
Family Law 5DCA May 23, 2018
Doe v. Good Samaritan Hospital
Summary judgment improper where expert's opinion that hospital met its standard of professional care was conclusory and devoid of any facts supporting opinion.
Torts 5DCA May 23, 2018
People v. Williams
Receipt of stolen car falls within realm of Proposition 47, even if not expressly listed in Penal Code Section 1170.18, if car's value is no more than $950.
Criminal Law and Procedure 1DCA/4 May 23, 2018
Raines v. Coastal Pacific Food Distributors
Grant of summary adjudication on representative PAGA claim for civil penalties for violation of Labor Code Section 226(a) reversed where such claim does not require injury.
Civil Procedure 3DCA May 23, 2018
U.S. v. Walker River Irrigation District
Court errs in dismissing all claims under doctrine of res judicata in protracted water rights matter where litigating parties had no opportunity to brief or be heard on matter.
Water Rights 9th May 23, 2018
Nevada State Engineer v. U.S. Board of Water Commissioners
Modification to decreed water rights that proposes delivery of water from river basin to lake is appropriate where lake is part of river basin.
Water Rights 9th May 23, 2018
Mono County v. Walker River Irrigation District
Order
9th May 23, 2018