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Marina Pacifica Homeowners Association v. Southern California Financial Corp.
A defendant is not a prevailing party as a matter of law under Section 1717 if the court did not render a simple, unqualified decision on a contract claim in the favor of defendant. 		statutory_interpretation 2DCA/8 Feb. 7, 2018
Mora v. Webcor Construction, L.P.
Employer contributions to collectively-bargained employee vacation fund are not wages under Section 226(a); need not be displayed on bi-weekly paychecks with specific hourly rate of pay. 		Labor Law 1DCA/5 Feb. 7, 2018
Modification: Alameda County Deputy Sheriff's Association v. Alameda County Employees Retirement Association
The Public Employee Pension Reform Act of 2013 potentially impacted 'legacy member' employees whose pensions were governed by the County Employees Retirement Law of 1937. 		Employment Law 1DCA/4 Feb. 7, 2018
City of Montclair v. Cohen
City or county designated housing successors for former redevelopment agencies that report to, are components of, or are controlled by city or county are not eligible for housing entity cost allowance. 		Municipal Law 3DCA Feb. 7, 2018
Simpson v. Trump University
Clear language in settlement notices requiring opt-out at class certification stage precludes objector from claiming she retained right to opt-out at settlement stage. 		Civil Procedure 9th Feb. 7, 2018
Wells v. Union Pacific Railroad Co.
Pre-1871 Congressional Acts granting companies the rights of way through public lands to build railroads conveyed a fee simple defeasible interest in that land. 		statutory_interpretation 9th Feb. 7, 2018
Earp v. Davis
Denial of motion for further discovery into evidence spoliation claims to support witness intimidation claim affirmed where alleged support is too speculative and weak to support intimidation claim. 		Criminal Law and Procedure 9th Feb. 7, 2018
In re J.G.
Willful or negligent failure to provide a child with adequate food constitutes grounds for dependency jurisdiction under Welfare and Institutions Code Section 300 		Family Law 4DCA/1 Feb. 6, 2018
Newton v. Parker Drilling Management Services
Dismissal of California wage and hour claims brought by employee working on off-shore drilling platform adjacent to state vacated where state laws are not inconsistent with federal law. 		Labor Law 9th Feb. 6, 2018
U.S. v. Laney
Under federal rules of criminal procedure, jury trial waiver must be signed by defendant; if not, record must otherwise show waiver was voluntary, knowing, and intelligent. 		Criminal Law and Procedure 9th Feb. 6, 2018
Amended Opinion: U.S. v. Molinar
Attempted armed robbery is a 'crime of violence' under the U.S. Sentencing Guidelines Manual's enumerated felonies clause. 		Criminal Law and Procedure 9th Feb. 6, 2018
John R. Lawson Rock & Oil, Inc. v. State Air Resources Board
The timing requirement necessitates that a public agency may not approve a project prior to full compliance with CEQA 		Environmental Law 5DCA Feb. 5, 2018
In re R.H.
Judgment finding good cause to depart from Indian Child Welfare Act placement preferences affirmed where tribe shows disinterest in matter. 		Dependency 2DCA/6 Feb. 5, 2018
In re Webb
Magistrate lacks statutory authority to impose Fourth Amendment waiver condition on pre-trial releasee who posted bail. 		Criminal Law and Procedure 4DCA/1 Feb. 5, 2018
Nutrition Distribution, LLC v. Southern SARMS, Inc.
Safe harbor provision from Code of Civil Procedure Section 128.7(c) was incorporated within former Section 128.5(f). 		Civil Procedure 2DCA/7 Feb. 5, 2018
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 Feb. 5, 2018
Gonzalez v. Lew
Court order awarding postoffer costs to plaintiffs affirmed where jury awards plaintiffs amount greater than proposed, but rejected, joint settlement offer. 		Civil Procedure 2DCA/3 Feb. 5, 2018
W.S. v. S.T.
Physical presence of child in home of her father is not enough to establish a familial relationship qualifying the father as a presumed parent. 		Family Law 6DCA Feb. 5, 2018
ESP v. Gascon
Order 		9th Feb. 5, 2018
Folkens v. Wyland Worldwide
Copyright infringement action unsuccessful where contested element, two dolphins crossing, is imagine expressed in nature and thus part of common heritage of humankind. 		Copyright 9th Feb. 5, 2018
Lane v. Bell
A partial victory in an underlying action by a plaintiff alleging malicious prosecution does not satisfy the favorable termination element where the defendant also obtained a partial victory. 		Torts 4DCA/1 Feb. 2, 2018
Masters (Jarvis J.) on H.C.
Order 		CASC Feb. 2, 2018
People v. Doyle
Order 		4DCA/2 Feb. 2, 2018
Kenny v. Wal-Mart Stores
Right of defendant to remove a matter to a federal forum is not waived by filing a demurrer in state court and its right to remove was not ascertainable from the pleadings. 		Civil Procedure 9th Feb. 2, 2018
U.S. v. Watson
Bank robbery using force and violence, or by intimidation, is crime of violence under 18 U.S.C. Section 924(c). 		Criminal Law and Procedure 9th Feb. 2, 2018
ACLU of Northern California v. Federal Bureau of Investigation
To claim FOIA Exemption 7, FBI need not show nexus between requested documents and specific investigation or federal law being enforced; sufficient to show documents pertain to general law enforcement activity. 		Public Records Act 9th Feb. 2, 2018
U.S. v. Walton
Second-degree robbery under CPC 211 does not qualify as a violent felony under the force clause of the Armed Career Criminal Act. 		Criminal Law and Procedure 9th Feb. 2, 2018
People v. Chatman
Some rational basis exists for state to treat former probationers and former prisoners differently under certificate of rehabilitation statute. 		Constitutional Law 1DCA/1 Feb. 2, 2018
People v. Superior Court (Lara)
Prop 57 has retroactive effect to cases not yet final at time of its enactment. 		Juveniles 4DCA/2 Feb. 2, 2018
Modification: Kurwa v. Kislinger
Trial court retains jurisdiction over non-final judgment it rendered, such that plaintiff can pursue claim to final judgment and appeal. 		Civil Procedure 2DCA/5 Feb. 2, 2018
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