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Muro v. Cornerstone Staffing Solutions
Order denying motion to compel arbitration affirmed where Federal Arbitration Act is inapplicable to transportation worker employment agreement to waive class actions and applicable state law deems waiver unenforceable.
Arbitration 4DCA/1 Feb. 26, 2018
Santomenno v. TransAmerica LIC
A third-party retirement plan manager does not owe a fiduciary duty to employees under ERISA while negotiating terms of the service agreement with the employer
Business Law 9th Feb. 26, 2018
Patterson v. Van Arsdel
Pretrial release officer not entitled to absolute prosecutorial immunity where officer action constitutes recommendation to judge rather than act of advocacy.
Civil Rights 9th Feb. 26, 2018
State Compensation Insurance Fund v. Workers' Compensation Appeals Board
Workplace injury does not qualify as sudden and extraordinary, for statutory purposes, because employee failed to show it was highly uncommon or unusual.
Workers' Compensation 6DCA Feb. 26, 2018
Save Lafayette v. City of Lafayette
Judgment denying referendum reversed and remanded where referendum challenging enactment of zoning ordinance does not enact zoning inconsistent with general plan.
Municipal Law 1DCA/4 Feb. 23, 2018
People v. Wolfe
Malice may be implied when murder defendant was subjectively aware driving under the influence of alcohol was dangerous to human life
Criminal Law and Procedure 4DCA/3 Feb. 23, 2018
Modification: City of San Buenaventura v. United Water Conservation District
The groundwater charge authorized by Water Code Section 75522 is not a charge for a property-related service within the scope of Prop. 218.
Government 2DCA/6 Feb. 23, 2018
People v. Marsh
No constitutional rule exists requiring uniform sanity determination in state court, nor do constitutional protections against disproportionate punishments require a sanity determination evaluating whether defendant was compelled by irresistible impulse.
Constitutional Law 3DCA Feb. 23, 2018
In re K.R.
Juvenile court has a continuing duty to comply with notice requirements regarding a tribal heritage inquiry under the Indian Child Welfare Act
Native American Affairs 4DCA/2 Feb. 23, 2018
People v. Baker
Mandatory 15-years-to-life prison sentence for oral copulation of six-year-old is not cruel and unusual punishment in violation of state constitution.
Criminal Law and Procedure 4DCA/1 Feb. 23, 2018
Native Ecosystems Council v. Marten
Dissolution of injunction affirmed where agency descriptions in its Environmental Impact Statement show that agency took hard look at project.
Environmental Law 9th Feb. 23, 2018
G.W. Palmer & Co. v. AgriCap Financial
A threshold true sale test must be applied to determine whether transferred agricultural assets remain in trust under PACA
statutory_interpretation 9th Feb. 23, 2018
Hauser v. Ventura County Board of Supervisors
Judgment denying conditional use permit affirmed where plaintiff fails to show that plaintiff is entitled to permit.
Civil Procedure 2DCA/6 Feb. 22, 2018
Area 51 Productions v. City of Alameda
Communicative acts underlying City refusal to grant property-use license to plaintiff not Anti-SLAPP protected activity in connection with breach of contract claim
Anti-SLAPP 1DCA/4 Feb. 22, 2018
M.N. v. Morgan Hill Unified School District
One-year expulsion proper when school district finds student committed sexual battery based on substantial nonhearsay and hearsay evidence
Juveniles 6DCA Feb. 22, 2018
Digital Realty Trust, Inc. v. Somers
Per explicit statutory definition, employee does not gain Dodd-Frank whistleblower retaliation protections unless he reports suspicions of securities law violations to SEC.
Securities USSC Feb. 22, 2018
Class v. U.S.
Judgment finding that guilty plea waives claims challenging constitutionality of statute reversed and remanded where guilty plea, alone, does not bar direct appeal.
Criminal Law and Procedure USSC Feb. 22, 2018
Rubin v. Islamic Republic of Iran
Under Foreign Sovereign Immunities Act, parties cannot attach sovereign property to satisfy a judgment against a foreign state unless immunity is rescinded under the section.
statutory_interpretation USSC Feb. 22, 2018
Murphy v. Smith
Statute requires prevailing prisoner civil rights plaintiff to contribute fully 25 percent of judgment to fee award; district court lacks discretion to direct lesser contribution.
Civil Rights USSC Feb. 22, 2018
Bassett v. ABM Parking Services
Judgment dismissing action alleging single cause of action for lack of standing affirmed where plaintiff fails to allege concrete injury in fact.
Civil Procedure 9th Feb. 22, 2018
Hurley v. California Deptartment of Parks and Recreation
Substantial evidence supports Information Practices Act claim where supervisor shared sensitive information pertaining to employee with other, non-supervisory employee.
Employment Law 4DCA/1 Feb. 22, 2018
People v. Tran
Case remanded where juvenile sentencing hearing precedes decision that affords such offenders right to present evidence for possibility of future parole.
Juveniles 4DCA/3 Feb. 21, 2018
Montana v. Wyoming
Order
USSC Feb. 21, 2018
CNH Industrial N.V. v. Reese
Ordinary principles of contract law govern collective bargaining agreements.
Contracts 6DCA Feb. 21, 2018
Murco Wall Products Inc. v. Galier
Order
USSC Feb. 21, 2018
Johnson v. Gill
Mistakenly transferring a defendant from state to federal custody does not automatically convey primary jurisdiction to federal authorities for purposes of prison sentence commencement.
Criminal Law and Procedure 9th Feb. 21, 2018
People v. Hutchinson
Where robber enters home and steals items belonging to parents but also assaults daughter, he may be found guilty of robbery against daughter.
Criminal Law and Procedure 2DCA/1 Feb. 20, 2018
Terris v. County of Santa Barbara
Labor Code Section 244, which does not require litigant to exhaust administrative remedies is inapplicable to plaintiff where section only applies to claims before Labor Commissioner.
Labor Law 2DCA/6 Feb. 20, 2018
San Francisco Apartment Assn. v. City and County of San Francisco
State unlawful detainer statute does not preempt local ordinance placing substantive limitations on grounds for eviction.
Government 1DCA/5 Feb. 16, 2018
People v. Dynes
Court order denying ex-parte application for Proposition 57 resentencing is unappealable order where court lacks jurisdiction to grant relief pursuant to provision.
Criminal Law and Procedure 5DCA Feb. 16, 2018