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Eagle Point Education Association v. Jackson County School District
Public school district policies restricting speech that cannot be reasonably interpreted as speech of the district violate Free Speech Clause where policies fail non-public forum test.
Civil Rights 9th Jan. 29, 2018
Zuniga v. Workers' Compensation Appeals Board
Section 4610.6, which prevents WCAB from disclosing the identity of independent medical review professionals, does not violate due process rights of injured workers.
Workers' Compensation 1DCA/2 Jan. 29, 2018
People v. Woods
Amendment allowing for sentencing discretion as to previously mandatory firearm enhancement requires remand for defendant sentenced prior to the amendment but whose case is not final.
Criminal Law and Procedure 3DCA Jan. 29, 2018
Machavia, Inc. v. County of Los Angeles et al.
A taxpayer seeking a tax refund in superior court must first exhaust all available administrative remedies in a timely manner.
Tax 2DCA/1 Jan. 29, 2018
In re Humphrey
Court must consider financial circumstances of defendant, and potentially effective alternatives to money bail, before setting bail amount.
Criminal Law and Procedure 1DCA/2 Jan. 29, 2018
Becerra v. Superior Court
Attorney General given wide latitude to create circulating title and summary of ballot measure; trial court order disapproving of particular title overturned.
Government 3DCA Jan. 29, 2018
People v. Williams
In considering whether a resentencing petition under Section 1170.126 poses an unreasonable risk of danger, the court must look to when the petitioner would be released if the petition were granted.
Criminal Law and Procedure 3DCA Jan. 29, 2018
San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego
Order
4DCA/1 Jan. 26, 2018
Marriage of Clarke & Akel
A premarital agreement is involuntary, and thus invalid, under Section 1615(c)(2) if an unrepresented party had fewer than seven days to review the agreement before it was executed.
Family Law 1DCA/5 Jan. 26, 2018
Artus v. Gramercy Towers Condominium Association
Declaratory relief properly denied where assertion by plaintiff for relief not actual controversy.
Civil Procedure 1DCA/1 Jan. 26, 2018
Kennedy v. Bremerton School District
Order
9th Jan. 26, 2018
In re Transwest Resort Properties
Section 111(b)(2) does not require a due-on-sale clause in a bankruptcy reorganization plan involving an electing creditor.
Bankruptcy 9th Jan. 26, 2018
Hamamoto v. Ige
Potential repetition exception to mootness inapplicable to controversy of inherently limited duration where plaintiffs fail to show that expedited review of case is unavailable.
Civil Procedure 9th Jan. 26, 2018
Amended Opinion: Leon v. Berryhill
Applicant for disability benefits not entitled to direct award of benefits on review under 'credit-as-true' rule where record leaves doubt as to disability.
Administrative Agencies 9th Jan. 26, 2018
In re D.N.
Where prosecution did not show stolen vehicle was valued over $950 notwithstanding requirements of Prop 47, appellate court overturns trial court discretionary felony finding.
Juveniles 5DCA Jan. 25, 2018
People v. Moore
Voluntary intoxication is not a defense to vandalism charges brought under Penal Code Section 594.
statutory_interpretation 4DCA/1 Jan. 25, 2018
People v. Perez
Conviction stands where defendant fails to establish beyond preponderance of evidence that defendant did not meaningfully understand immigration consequences.
Immigration 4DCA/1 Jan. 25, 2018
Lampe v. Queen of the Valley Medical Center
The community of interest requirement for class action certification is not established if common questions of law or fact do not predominate.
Torts 1DCA/4 Jan. 25, 2018
People v. Martinez
Gang enhancement reversed where no evidence supports expert opinion that defendant was associate of gang in absence of inadmissible testimonial and non-testimonial hearsay.
Criminal Law and Procedure 4DCA/2 Jan. 25, 2018
People v. Golden
Sexually Violent Predators committed to state hospitals lack reasonable expectation of privacy in their dormitories.
Constitutional Law 5DCA Jan. 25, 2018
Communities for Better Environment v. State Energy Resources Conservation and Development Commission
Where request for declaratory judgment as to constitutionality of narrow judicial review provisions does not depend on particular factual basis, dismissal on ripeness grounds inappropriate.
Environmental Law 1DCA/4 Jan. 24, 2018
In re Elizabeth M.
Order terminating parental rights remanded where child protective agency fails to adequately investigate claim of Indian ancestry.
Juveniles 2DCA/7 Jan. 24, 2018
Khan v. Dunn-Edwards Corp.
Where PAGA notice to state agency and employer only references individual claim, it constitutes insufficient notice of intended class action.
Labor Law 2DCA/8 Jan. 24, 2018
Land Partners, LLC v. County of Orange
Attorney fees are recoverable under Section 5152 if the failure of an assessor to apply a statute or regulation is based on a cognitive decision that said provision is invalid.
Tax 4DCA/3 Jan. 24, 2018
Lippman v. City of Oakland
Judgment reversed where city violates California Building Code by authorizing single hearing officer, instead of appeals board, to hear appeal of citations administered by city building department.
Municipal Law 1DCA/4 Jan. 24, 2018
MTC Financial, Inc. v. Nationstar Mortgage
A senior lienholder is not entitled to proceeds from a nonjudicial trustee sale of real property when a junior lienholder forecloses on a second deed of trust under Section 2924k
Real Property 1DCA/3 Jan. 24, 2018
Gaynor v. Bulen
Though filing of petition is protected activity under anti-SLAPP statute, such motion fails where petition is evidence of underlying, unprotected breach of fiduciary duty.
Anti-SLAPP 4DCA/1 Jan. 24, 2018
Batterton v. Dutra Group
Denial of motion to strike punitive damages for unseaworthiness affirmed where punitive damages are a remedy for unseaworthiness.
Remedies 9th Jan. 24, 2018
In re Hyundai and Kia Fuel Economy Litigation
Where class representatives fail to show it is reasonable to assume that all members were exposed to misleading advertisements of defendants, reversal required.
Civil Procedure 9th Jan. 24, 2018
Demaree v. Pederson
Qualified Immunity does not protect a government official when they violate an established right a reasonable person would know.
Qualified Immunity 9th Jan. 24, 2018