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Modification: AO Alpha-Bank v. Yakovlev
Service of process must be reasonably calculated to provide actual notice under the circumstances of the case in order to satisfy due process.
Civil Procedure 4DCA/1 Apr. 4, 2018
R.E.B. v. State of Hawaii Dept. of Education
Order
9th Apr. 4, 2018
Stokeling v. U.S.
Order
USSC Apr. 3, 2018
Kisela v. Hughes
Officer is entitled to qualified immunity where officer's actions do not violate clearly established right that reasonable officer would have known.
Qualified Immunity USSC Apr. 3, 2018
Encino Motorcars, LLC v. Navarro
Fair Labor Standards Act overtime-pay exemptions should not be construed narrowly; automobile service advisors covered by exemption that applies to 'salesman...primarily engaged in servicing automobiles.'
statutory_interpretation USSC Apr. 3, 2018
Asante v. California Dept. of Health Care Services
When a state agency sets rates it pays hospitals for Medicaid services, it does so as a market participant, not a market regulator; consequently it does not violate the dormant Commerce Clause of the U.S. Constitution.
Constitutional Law 9th Apr. 3, 2018
National Wildlife Federation v. National Marine Fisheries Service
Injunctions affirmed in part where plaintiff effectively shows that it is 'likely to suffer irreparable harm' in absence of injunction.
Environmental Law 9th Apr. 3, 2018
People v. Buza
Guided by U.S. Supreme Court holding on DNA cheek swab collection, California Supreme Court finds such collection not unreasonable when required of serious felony arrestee.
Criminal Law and Procedure 1DCA/2 Apr. 3, 2018
In re Butler
Due to legislature passing SB 203 in 2015, Board of Parole Hearings is now relieved of its obligations to calculate base terms of an indeterminate sentence when determining whether an inmate is suitable for release.
Criminal Law and Procedure 1DCA/2 Apr. 3, 2018
Guarino v. County of Siskiyou
Anti-SLAPP motion properly granted where public employee suit was in response to internal investigation of his alleged misconduct.
Anti-SLAPP 3DCA Apr. 2, 2018
People v. Gutierrez
Denial of motion to suppress evidence obtained from detention reversed and remanded where detention is unjustified by government interests and is unsupported by ‘articulable and individualized suspicion.’
Constitutional Law 5DCA Apr. 2, 2018
Conservatorship of P.D.
Jury instructions that detailed duration and consequences to the prospective conservatee if a conservatorship petition was approved was erroneous, but harmless error.
probate_and_trusts 2DCA/6 Apr. 2, 2018
1901 First Street Owner v. Tustin Unified School District
Lower court did not err in ruling that assessable space - for purposes of calculating school impact fees imposed on a developer - is meant to include footage outside individual apartments, such as common areas, like fitness centers and interior hallways.
statutory_interpretation 4DCA/3 Apr. 2, 2018
New Cingular Wireless PCS v. Public Utilities Commission
Intervenors' compensation award vacated where California Public Utilities Commission ignores statutory limitation imposed on its discretion requiring commission to link intervenors' contribution to 'actual' order or decision.
Administrative Agencies 1DCA/4 Apr. 2, 2018
T.J. v. Superior Court
Reunification services must be both tailored and accessible; where constant delays mar reunification services arranged for parent, such services are inadequate.
Dependency 1DCA/4 Apr. 2, 2018
People v. Dillard
Where Congress creates federal program with enforcement scheme, state laws criminalizing false statements made to federal agency overseeing program must be preempted.
Constitutional Law 1DCA/5 Apr. 2, 2018
Amended Opinion: Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit.
Environmental Law 9th Apr. 2, 2018
People v. Johnson
Warrrantless search valid under the automobile exception where probable cause existed; that the vehicle was two blocks away from the suspect was immaterial.
Criminal Law and Procedure 2DCA/7 Mar. 30, 2018
N.S. v. D.M.
Judgment denying Family Code Section 7605 request for attorney fees vacated and remanded where court fails to determine request for fees and costs under section.
Family Law 4DCA/1 Mar. 30, 2018
EHM Productions, Inc. v. Starline Tours of Hollywood, Inc.
Incremental cost and fee award process not inappropriate in arbitration action, where not all issues may be resolved at time of initial, partial award.
Arbitration 2DCA/2 Mar. 30, 2018
Aron v. WIB Holdings
To grant new trial motion based on 'newly-discovered evidence, such evidence must have been in existence at time of original trial.
Anti-SLAPP 2DCA/2 Mar. 30, 2018
Urgent Care Medical Services v. City of Pasadena
In keeping with Proposition 64's conditions, City of Pasadena's ordinance is allowed to keep medicinal marijuana dispensaries from operating within its city limits.
Government 2DCA/4 Mar. 30, 2018
People v. Vela
Per 'In re Estrada,' statutory amendment giving trial court discretion to strike firearm enhancement applies retroactively to case not yet final on appeal.
Criminal Law and Procedure 4DCA/3 Mar. 30, 2018
City and County of San Francisco v. HomeAway.com, Inc.
Order granting administrative subpoena affirmed where subpoena complies with provisions of the Stored Communications Act.
Consumer Law 1DCA/4 Mar. 30, 2018
Alameda County Deputy Sheriff's Assocation v. Alameda County Employees' Retirement Assn. and Board of the Alameda County Employees' Retirement Assn.
Order
1DCA/4 Mar. 30, 2018
Kim v. Reins International California
Order
2DCA/4 Mar. 30, 2018
Stewart v. San Luis Ambulance
Order
CASC Mar. 30, 2018
People v. Martinez
Mere fact that Prop 47's resentencing provision does not enumerate specific statute of petitioner's conviction does not nullify petitioner's eligibility for resentencing. Nonetheless, resentencing denial affirmed because would have been guilty of felony had initiative been in effect at time of offense.
Criminal Law and Procedure 4DCA/2 Mar. 30, 2018
Fober v. Management and Technology Consultants LLC
Summary judgment in favor of defendant affirmed where plaintiff consents to calls from an automatic telephone dialing system.
Consumer Law 9th Mar. 30, 2018
Marinelarena v. Sessions
Order
9th Mar. 30, 2018