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Washoe Meadows Community v. California Department of Parks and Recreation et al.
An agency's draft environmental impact report does not provide public with an accurate, stable, and finite project description on which to comment where report describes five alternative projects under consideration.
Environmental Law 1DCA/5 Nov. 17, 2017
Central Laborers' Pension Fund v. McAfee, Inc.
Summary judgment finding no triable issue relating to breach of fiduciary duty reversed where direct evidence does not show CEO defendant's motive for concealing information from board of directors.
Business Law 6DCA Nov. 17, 2017
Twentieth Century Fox Television v. Empire Distribution Inc.
Fox's use of mark 'Empire' for its hit television show does not run afoul of record label Empire Distribution Inc.'s trademark rights.
Intellectual Property 9th Nov. 17, 2017
Cleveland National Forest Foundation v. San Diego Association of Governments
'Cleveland I' partially overturned to extent it found SANDAG's EIR greenhouse gas analysis inadequate, in conformance with California Supreme Court's decision in 'Cleveland II' and over SANDAG's mootness argument.
Environmental Law 4DCA/1 Nov. 17, 2017
Walker v. Physical Therapy Bd. of California
Boards revocation of physical therapists license based on dangerous use of alcohol does not require separate showing that therapists conduct affected therapist's profession.
Administrative Agencies 4DCA/1 Nov. 17, 2017
Curtis Engineering Corp. v. Superior Court (Sutherland)
Demurrer improperly sustained, where relation-back doctrine cannot save plaintiff from noncompliance with statutory deadline for filing required certificate of merit.
Civil Procedure California Courts of Appeal Nov. 17, 2017
People v. Solorio
Jury misconduct presents a rebuttable presumption of prejudice under 'Cissna.'
Criminal Law and Procedure 4DCA/1 Nov. 17, 2017
People v. Kaufman
Theft by larceny affirmed where sufficient evidence shows that defendant took property by trespass, with intent to steal property, and carried property away.
Criminal Law and Procedure 4DCA/1 Nov. 17, 2017
People v. ConAgra Grocery Products Co.
Where record shows defendants ceased promoting indoor residential use of lead paint after 1950, evidence insufficient to require defendants to remediate homes built after that point and containing lead paint.
Torts 6DCA Nov. 16, 2017
People v. Watts
Under 'Davis' a trial court must independently evaluate evidence when hearing a new trial motion.
Criminal Law and Procedure 2DCA/1 Nov. 16, 2017
People v. Garcia
Invited overnight guest may be found to have committed forcible lewd acts against child under 14 in course of 'burglary' where defendant was unauthorized to commit acts and had no unconditional possessory right to enter home.
Criminal Law and Procedure 1DCA/2 Nov. 16, 2017
Douglas v. Xerox Business Services LLC
Employer may calculate minimum wage by using entire workweek where workweek is 'relevant unit for determining minimum-wage compliance.'
Labor Law 9th Nov. 16, 2017
Whitehall v. County of San Bernardino
County's termination of social worker in response to her disclosure of County's intent to alter evidence presented to dependency court not activity protected by anti-SLAPP statute.
Anti-SLAPP 4DCA/2 Nov. 16, 2017
People v. Zabala
Warrantless search of hidden compartment found behind manipulated dashboard lawful under automobile exception even though removal of dashboard exceeded scope of permissible inventory search.
Criminal Law and Procedure 6DCA Nov. 15, 2017
Medley Capital Corporation v. Security National Guaranty, Inc et al.
Voluntary dismissal of the prior action may constitute the 'favorable termination' requirement in a malicious prosecution proceeding.
Torts 1DCA/2 Nov. 15, 2017
McMillin Management Services, L.P. et al. v. Financial Pacific Insurance Company et al.
An insurance company has a duty to defend a third party's lawsuit if facts in the complaint suggest a claim covered by the policy.
Insurance 4DCA/1 Nov. 15, 2017
Chittenden v. U.S.
Order
USSC Nov. 14, 2017
NIFLA v. Becerra
Order
USSC Nov. 14, 2017
Lozman v. Riviera Beach, FL
Order
USSC Nov. 14, 2017
MN Voters Alliance v. Mansky
USSC Nov. 14, 2017
Vasilenko v. Grace Family Church
Church's siting of offsite parking abutting public street insufficient to confer duty to prevent injuries sustained by churchgoer as he crossed street.
Torts CASC Nov. 14, 2017
Yelp, Inc. v. The Superior Court of Orange County
A website has standing under 'Glassdoor' to assert the First Amendment rights of an anonymous reviewer.
Civil Procedure 4DCA/3 Nov. 14, 2017
P. v. Wall (Randall)
Confession not involuntary where interrogating officer's allegedly improper promises not 'causally linked' to defendant's confession, which began before promises.
Criminal Law and Procedure CASC Nov. 14, 2017
People v. Lozano
Recent amendment to Penal Code Section 3051, which created youth offender parole hearing process, renders juvenile homicide offender's Eighth Amendment challenge to LWOP sentence moot.
Criminal Law and Procedure 2DCA/5 Nov. 13, 2017
Padron v. Watchtower Bible and Tract Society of New York
Court may impose 'hefty' monetary sanction on litigant where litigant repeatedly fails to comply with court's order.
Civil Procedure 4DCA/1 Nov. 13, 2017
People v. Avignone
Trial court lacks authority to strike white collar enhancement and therefore lacked authority to impose prison sentence instead of jail time under Realignment Act.
Criminal Law and Procedure 4DCA/1 Nov. 10, 2017
Diaz v. Professional Community Management, Inc.
A party which invites the trial court to commit an error is estopped from challenging that error on appeal.
Civil Procedure 4DCA/3 Nov. 10, 2017
Williams v. King
Magistrate judge erroneously dismisses civil rights complaint where not all named parties in complaint consented to have case be decided by magistrate.
Prisoners' Rights 9th Nov. 10, 2017
Walker v. Physical Therapy Bd. of California
Boards revocation of physical therapists license based on dangerous use of alcohol does not require separate showing that therapists conduct affected therapist's profession.
Administrative Agencies 4DCA/1 Nov. 10, 2017
San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego
Lawsuit challenging City of San Diego's issuance of bonds to finance baseball stadium in Petco Park erroneously dismissed for lack of standing.
Municipal Law 4DCA/1 Nov. 10, 2017