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Modification: People v. Harris
Criminal defendant whose case is already final may not benefit from the exception provided by Senate Bill No. 620, which allows firearm enhancements to be stricken at a trial court's discretion. 		Criminal Law and Procedure 3DCA Apr. 30, 2018
Modification: Alvarado v. Dart Container Corp. of California
To determine rate of overtime pay, a flat sum bonus must be factored into regular pay rate via dividing bonus by nonovertime hours actually worked. 		Labor Law 4DCA/2 Apr. 27, 2018
People v. Ovieda
Order 		2DCA/6 Apr. 27, 2018
Webb (Bettie) on H.C.
Order 		4DCA/1 Apr. 27, 2018
Casino Pauma v. NLRB
Petition for review denied where National Labor Relations Board's finding that tribal employers are subject to the National Labor Relations Act is reasonably defensible interpretation of statute. 		Native American Affairs 9th Apr. 27, 2018
GranCare v. Thrower
Showing fraudulent joinder is 'heavy burden' on defendant and should not be maintained unless plaintiff could not show joined party was liable 'on any theory.' 		Civil Procedure 9th Apr. 27, 2018
People v. Chavez
Because a trial court's authority to render judgment ends with the expiration of probation, the court has no power to dismiss a conviction under Penal Code Section 1385 once probation is complete. 		Criminal Law and Procedure 3DCA Apr. 27, 2018
People v. Daveggio & Michaud
Court's definition of reasonable doubt does not improperly lower standard of proof where there is no reasonable likelihood that jury misunderstood instructions to convict on insufficient proof. 		Criminal Law and Procedure CASC Apr. 27, 2018
In re I.C.
Juvenile court cannot base jurisdictional finding on out-of-court statements of truth-incompetent minor unless there exists a 'special indicia of reliability.' 		Juveniles 1DCA/2 Apr. 27, 2018
Glaviano v. Sacramento City Unified School District
Lodestar method, using reasonable hourly rate, appropriate to determine fee award though prevailing party was charged reduced hourly rate. 		Education 3DCA Apr. 27, 2018
Holloway v. Showcase Realty Agents, Inc.
Plaintiff has taxpayer standing to sue under Code of Civil Procedure Section 526a where plaintiff has paid or is liable to pay defendant locality tax assessed on plaintiff by locality. 		Civil Procedure 6DCA Apr. 27, 2018
Modification: Hedwall v. PCMV, LLC
Second amended cross-complaint filed without court leave is properly stricken under Code of Civil Procedure Section 472(a) where section's provision allowing amendment to pleading without leave applies only to original cross-complaint and complaint. 		statutory_interpretation 2DCA/4 Apr. 27, 2018
Bozic v. USDC - CASD
Court has discretion to withhold 'extraordinary remedy' of mandamus relief even where clear legal error exists below, if prejudicial impact on petitioner is not great. 		Civil Procedure 9th Apr. 26, 2018
U.S. v. Garrison
Evidence is sufficient to establish conspiracy where circumstantial evidence showing that defendant was major actor in conspiracy is sufficient to lead reasonable jury to convict for conspiracy. 		Criminal Law and Procedure 9th Apr. 26, 2018
Welborne v. Ryman-Carroll Foundation
Summary judgment reversed where party opposing summary judgment makes prima facie showing of material fact. 		Civil Procedure 2DCA/2 Apr. 26, 2018
Baker Marquart LLP v. Kantor
Confidential brief analogous to ex parte communication that allows for arbitration award to be reviewed by court. 		Civil Procedure 2DCA/2 Apr. 26, 2018
Jesner v. Arab Bank, PLC
Alien Tort Statute does not extend to suits against foreign corporations 		statutory_interpretation USSC Apr. 25, 2018
Oil States Energy Services, LLC v. Greene's Energy Group, LLC
Inter partes review does not violate Article III or the Seventh Amendment of the Constitution. 		Patent Law USSC Apr. 25, 2018
SAS Institute Inc. v. Iancu
In its final written decision addressing the patentability of claims challenged in a petition for inter partes review, Patent Trial and Appeal Board must address every challenged claim. 		Patent Law USSC Apr. 25, 2018
People v. Harris
Criminal defendant whose case is already final may not benefit from the exception provided by Senate Bill No. 620, which allows firearm enhancements to be stricken at a trial court's discretion. 		Criminal Law and Procedure 3DCA Apr. 25, 2018
IIG Wireless v. Yi
Under reversal of longstanding 'Pendergrass' holding, parol evidence rule does not disallow admission of extrinsic statements to prove fraud 		Civil Procedure 4DCA/3 Apr. 25, 2018
Wilson v. Sellers
Order 		USSC Apr. 24, 2018
U.S. v. Stitt
Order 		USSC Apr. 24, 2018
U.S. v. Sims
Order 		USSC Apr. 24, 2018
Fischer v. Fischer
Family court did not abuse its discretion in denying protective order authorized under Domestic Violence Prevention Act, which gives broad discretion to courts even when the abuse is evidenced. 		Family Law 1DCA/2 Apr. 24, 2018
Kettler v. Gould
Denial of anti-SLAPP motion affirmed where Certified Financial Planners Board of Standards’ processes for reviewing complaints are not official proceeding authorized by law. 		Anti-SLAPP 2DCA/8 Apr. 24, 2018
Colony Cove Properties v. City of Carson
A California city did not engage in an unconstitutional taking when it approved a lower rent increase for a property owner than he requested. 		Constitutional Law 9th Apr. 24, 2018
In re Taggart
BAP's reversal of contempt sanctions affirmed where creditors' good faith belief that discharge injunction is inapplicable to claims precludes contempt. 		Bankruptcy 9th Apr. 24, 2018
Reese v. County of Sacramento
Judgment finding that officer is entitled to qualified immunity on excessive force claim affirmed where court acts within its authority in determining that plaintiff's constitutional right was not clearly established at time of officer's conduct. 		Civil Rights 9th Apr. 24, 2018
Naruto v. Slater
Non-human animals lack statutory standing under Copyright Act. 		Copyright 9th Apr. 24, 2018
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