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Hacker v. Homeward Residential, Inc.
Judgment denying leave to amend reversed where plaintiff who proposes new facts on appeal shows standing to bring cause of action. 		Civil Procedure 2DCA/1 May 11, 2018
People v. Valenzuela
Regardless of what verdict forms are returned, the jurors' oral declaration is the true return of the verdict. 		Criminal Law and Procedure 2DCA/1 May 11, 2018
Charles v. Sutter Home Winery, Inc.
'Safe harbor' warning prescribed by agency requiring wine sellers to note product may increase cancer risk or cause birth defects meets standard of Prop 65; no additional warning re: inorganic arsenic required under the regulatory scheme. 		statutory_interpretation 2DCA/4 May 11, 2018
Palm v. Los Angeles Dept. of Water and Power
Los Angeles City Employees do not have a vested protected interest if they are employed in a probationary position and therefore if they are dismissed, cannot claim due process violation. 		Employment Law 9th May 11, 2018
Adidas America v. Skechers USA
Preliminary injunction in unregistered trade dress suit proper where exclusive production and advertising of adidas' Stan Smith shoe creates 'secondary meaning' and where rival's shoe was 'unmistakably' similar. 		Civil Procedure 9th May 11, 2018
People v. Adelmann
Resentencing petition must be filed in original sentencing court even where probationary transfer has taken place. 		statutory_interpretation 4DCA/2 May 11, 2018
Pebley v. Santa Clara Organics
Injured plaintiff who elects not to use an available health insurance plan will be treated as 'uninsured' and allowed to present bills evidenced economic damages. 		Civil Procedure 2DCA/6 May 10, 2018
People v. Jimenez
Under Prop 47 felony identity theft convictions properly reduced to misdemeanor shoplifting offenses where stolen checks valued at less than $950. 		Criminal Law and Procedure 2DCA/6 May 10, 2018
Lamar Advertising Co. v. County of Los Angeles
Under state law re-erection of billboard is not 'customary maintenance;' may be interfered with by local authority. 		Municipal Law 2DCA/8 May 10, 2018
Modification: People v. Billingsley
Though court noted it would likely not have stayed mandatory firearm enhancement even if it had discretion to do so, remand necessary for reconsideration after statutory amendments grant such discretion. 		Criminal Law and Procedure 2DCA/7 May 10, 2018
Maldonado v. Epsilon Plastics
Employer failed to carry burden of showing Alternative Work Schedule was properly adopted where no evidence pre-adoption vote taken. 		Labor Law 2DCA/8 May 10, 2018
U.S. v. Mikhel
Treaty against hostage-taking, which includes preamble referencing international terrorism, does not prescribe that as element of crime defendants taking hostages must have nexus to such terrorism. 		Criminal Law and Procedure 9th May 10, 2018
Amended Opinion: Davidson v. Kimberly-Clark Corp.
Consumer alleging fraud has standing to pursue injunctive relief where consumer faces 'imminent or actual threat of future harm.' 		Consumer Law 9th May 10, 2018
Ward v. U.S.
Order 		9th May 10, 2018
Oman v. Delta Air Lines
Order 		9th May 10, 2018
Tindell v. Murphy
Sham Pleading Doctrine precludes homeowners from filing repetitive claims, alleging different facts and causes of action. 		Civil Procedure 3DCA May 9, 2018
People v. Minifie
Judgment imposing prison term enhancements to ‘both’ indeterminate and determinate sentences affirmed where applicable enhancements may be imposed to both types of sentences per relevant law. 		Criminal Law and Procedure 2DCA/7 May 9, 2018
Brown v. Muniz
Application for leave to file second or successive habeas petition denied where suppressed ‘Brady v. Maryland’ exculpatory evidence fails to show applicant’s actual innocence by clear and convincing evidence. 		Criminal Law and Procedure 9th May 9, 2018
Miller v. Sessions
Removal based on order entered 'in absentia' may be reopened 'at any time' where petitioner claims to have received insufficient notice. 		Immigration 9th May 9, 2018
Solorio v. Muniz
Request to file second or successive federal habeas corpus petition to advance claim that state suppressed exculpatory evidence denied where applicant fails to exercise due diligence to discover claim’s underlying facts. 		Criminal Law and Procedure 9th May 9, 2018
Salgado v. Sessions
Poor memory, without some credible evidence of an inability to participate in or understand removal proceedings, does not constitute 'indicia of incompetency.' 		Immigration 9th May 9, 2018
Arnaudo Brothers v. ALRB
Where a party raises a disclaimer defense to an unfair labor practices claim based on failure to bargain, a labor organization's disclaimer of interest must be clear and unequivocal. 		Labor Law 5DCA May 8, 2018
Daniel v. U.S.
‘Feres’ doctrine bars tort claim arising from medical military hospital’s treatment of active servicewoman’s pregnancy condition, which was unrelated to military service. 		Torts 9th May 8, 2018
U.S. v. Espinoza-Valdez
In order to convict a defendant of conspiracy to import or distribute marijuana, the government must present sufficient evidence, beyond a reasonable doubt, that there was a meeting of the minds, and the defendant actually entered into a conspiratorial agreement with drug traffickers. 		Criminal Law and Procedure 9th May 8, 2018
U.S. v. County of Maricopa
County is liable for its sheriff’s racially discriminatory policies where Title VI of the Civil Rights Act of 1964 and 34 U.S.C. Section 12601 authorize policy maker liability. 		Civil Rights 9th May 8, 2018
In re Adam Lee
A trustee's adversary complaint, which contested the basis for the a debtor's exemptions, qualified as an objection under Rule 4003 		Bankruptcy 9th May 8, 2018
People v. Perez
Appellate court was correct to conclude that a defendant was ineligible for relief under Prop 36 because he was armed with a deadly weapon and therefore was ineligible for re-sentencing; that the weapon was a vehicle is immaterial. 		Criminal Law and Procedure 5DCA May 8, 2018
People v. Reed
Court does not abuse its discretion in refusing to grant continuance where court finds that continuance would significantly burden all parties involved in trial. 		Criminal Law and Procedure California Courts of Appeal May 8, 2018
California Building Industry Assn. v. State Water Resources Control Bd.
Plaintiff cannot show fee schedule increase unconstitutional under taxation limitations based, e.g., on 'bare fact that there is a fee increase without any growth in fee-funded programs.' 		Tax 1DCA/2 May 8, 2018
La Mirada Ave. v. City of Los Angeles
Code of Civil Procedure Section 1021.5 does not require successful party to rest entire dispute once and for all; thus, party may obtain fees even if lawsuit that relates to challenged lawsuit is pending. 		Civil Procedure 2DCA/2 May 7, 2018
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