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Greenfield v. Mandalay Shores Community Assn.
'Development,' as used within California Coastal Act, is defined broadly, extends to homeowner's association's short-term rental ban, supports preliminary injunction. 		Environmental Law 2DCA/6 Mar. 29, 2018
Demeter v. Taxi Computer Services
Summary judgment in favor of defendant affirmed where plaintiff’s claim of injury arising from defendant’s noncompliance with California’s fee related talent services law does not, on its own, constitute injury. 		Civil Procedure 2DCA/5 Mar. 29, 2018
Timed Out LLC v. 13359 Corp.
Trial court did not err in imposing penalties for plaintiff's rejection of defendant's CCP Section 998 offer. 		Civil Procedure 2DCA/1 Mar. 29, 2018
Al-Shaikh v. State Dept. of Health Care Services
Petitioner is entitled to fees under Civil Code of Procedure Section 1028.5 where agency acts without substantial justification by acting in 'direct contravention' of clearly stated federal regulation. 		Civil Procedure 1DCA/1 Mar. 29, 2018
Rodriguez v. Dept. of Transportation
Public entity's liability can be avoided through the affirmative defense of design immunity, particularly if the design was not commonly used or needed in the public roadway. 		Civil Procedure 5DCA Mar. 29, 2018
Modification: Marriage of Pearson
Family Code Section 271 does not preclude court from issuing order to withhold part of spousal support to satisfy sanctions. 		Family Law 4DCA/1 Mar. 29, 2018
People v. Samuels
Separately imposed criminal and revocation terms based on unrelated conduct do not allow previously incarcerated person to correct credits on his probation, under the "split sentence" program of The Criminal Justice and Realignment Act. 		Criminal Law and Procedure 2DCA/6 Mar. 29, 2018
People v. Chavez
Totality of circumstances demonstrate that pretrial identification was not unduly suggestive, and was in any case reliable based on, e.g., victim's opportunity to clearly see assailant at time of crime. 		Criminal Law and Procedure 4DCA/1 Mar. 29, 2018
Barnes v. Sea Hawaii Rafting
Court properly has in rem jurisdiction over vessel where it waives jurisdictional challenge by litigating suit for 15 months. 		Maritime Law 9th Mar. 29, 2018
Kater v. Churchill Downs
Virtual game platform constitutes illegal gambling in Washington where platform's virtual chips are thing of value because they are a form of credit that extend the privilege of playing game platform. 		Gaming 9th Mar. 29, 2018
Modification: Herterich v. Peltner
The litigation privilege applies to probate matters where false and misleading statements were made in furtherance of litigation 		probate_and_trusts 1DCA/1 Mar. 29, 2018
Hall v. Hall
Cases consolidated under Rule 42(a) retain separate identities, at least to the extent that a final decision in one is immediately appealable. 		Civil Procedure 3DCA Mar. 28, 2018
Walt Disney Parks & Resorts U.S., Inc. v. Superior Court
Petition for writ of mandate granted where court does not adhere to principles of statutory construction in construing statutory provisions. 		statutory_interpretation 2DCA/7 Mar. 28, 2018
Perksy v. Bushey
Superior Court judge unable to stop recall petition using argument that proper California Constitutional procedure was not followed. 		Judges 6DCA Mar. 28, 2018
Marriage of Swain
Post-judgment order denying motion to terminate spousal support reversed where party moving for termination has no opportunity to cross-examine on declaration that court relied on for judgment. 		Family Law 2DCA/2 Mar. 28, 2018
De Havilland v. FX Networks, LLC
A celebrity's right of publicity does not preclude others from incorporating a person's name and likeness for the purpose of creating art. 		Constitutional Law 2DCA/3 Mar. 28, 2018
People v. Franklin
Conviction for premeditated and deliberate murder affirmed where court’s erroneous response to jury’s inquiry does not prejudice defendant. 		Criminal Law and Procedure 4DCA/1 Mar. 28, 2018
Elhouty v. Lincoln Benefit Life
Face value of insurance policy is proper consideration for amount-in-controversy prong of diversity jurisdiction inquiry. 		Civil Procedure 9th Mar. 28, 2018
U.S. v. Shaw
Argument as to jury instruction raised for first time at Supreme Court not fairly presented to district or appeals court; in any event, error harmless in face of 'overwhelming' evidence. 		Criminal Law and Procedure 9th Mar. 28, 2018
Serrano v. Aerotek Inc.
Judgment in employer's favor in meal period deprivation action affirmed where employee fails to show that employer is required to do more than implement meal break policy that employee is trained in and that requires employee to report meal period violations. 		Labor Law 1DCA/1 Mar. 27, 2018
Arvizu v. City of Pasadena
City is immune from liability arising from injuries caused by its unpaved park trail where the trail is used for recreational purposes. 		Torts 2DCA/3 Mar. 27, 2018
Westbrooks v. U.S.
Order 		USSC Mar. 27, 2018
Wilson v. Southern California Edison Co.
Potential of harm due to stray voltage may support plaintiff's nuisance claim, where plaintiff is neighbor of electrical substation. 		Torts 2DCA/4 Mar. 27, 2018
People v. Partee
Defendant’s refusal to testify is sufficient to make defendant accessory after the fact to crime where defendant has duty to testify and intent to assist the perpetrator in avoiding punishment, trial, arrest, or conviction. 		Criminal Law and Procedure 2DCA/5 Mar. 26, 2018
People v. Mendez
Modified jury instruction asking jurors to base their finding on a particular outcome that was entirely speculative was misleading and thus had a prejudicial effect led to reversible error. 		Criminal Law and Procedure 1DCA/1 Mar. 26, 2018
Eng v. Brown
Court properly ruled entity with corporate nature not be deemed a partnership as a matter of law, in limine motion. 		Business Law 4DCA/1 Mar. 26, 2018
Covina Residents for Responsible Development v. City of Covina
Denial of writ petition affirmed where California environmental quality act exempts ‘parking impacts from CEQA review for qualifying infill projects located within a half-mile of a major transit stop.’ 		Environmental Law 2DCA/7 Mar. 26, 2018
In re E.D.
Evidence was insufficient to support a juvenile court's finding of dependency jurisdiction over a child, as there was no evidence of substantial risk of serious harm to the child. 		Juveniles 2DCA/1 Mar. 26, 2018
Hayes v. Temecula Valley Unified Sch. Dist.
Reassignment notice need only be sent to, or signed by, school administrator for it to be effective under Education Code timeliness provisions. 		Education 4DCA/1 Mar. 26, 2018
U.S. v. Kootswatewa
Statements made to medical expert that identify defendant and describe harm suffered are exception to hearsay where statements are made for purpose of medical diagnosis or treatment. 		Criminal Law and Procedure 9th Mar. 26, 2018
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