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Jameson v. Pacific Gas and Electric Co.
PG&E defeats fired employee's wrongful termination complaint where, even if employee was not at-will, good cause existed to terminate him due to retaliatory conduct.
Employment Law 1DCA/3 Nov. 3, 2017
Huhmann v. Federal Express Corp.
Service member resuming civilian career with FedEx entitled to higher signing bonus he would have earned had he not left for military service.
Labor Law 9th Nov. 3, 2017
Modification: California Cannabis Coalition v. City of Upland
State constitutional restriction on local government's ability to impose taxes does not apply to voters' power to propose and adopt initiatives concerning taxation.
Government 4DCA/2 Nov. 3, 2017
United States of America v. Christopher Michael Johnson
Under 'Fowler' a federal nexus must be shown in connection with an alleged offense under 18 U.S.C. Section 1512(b)(3).
Criminal Law and Procedure 9th Nov. 3, 2017
Modification: Rubenstein v. Doe No. 1
Child sex abuse victim's action against public entity untimely filed despite 'delayed discovery rule' where rule has no affect on government claims presentment deadline.
Civil Procedure 4DCA/1 Nov. 3, 2017
Ramirez v. City of Gardena
Order
2DCA/1 Nov. 3, 2017
Ecological Rights Foundation v. Pacific Gas & Electric Company
RCRA's anti-duplication provision does not apply where no specific statutory requirements relating to stormwater discharge were imposed under Clean Water Act
Environmental Law 9th Nov. 3, 2017
Kennedy Commission et al. v. City of Huntington Beach et al.
Government Code Section 65454, which prohibits a municipality from amending a specific plan unless consistent with the general plan, does not apply to a charter city unless adopted by charter or ordinance.
Municipal Law 4DCA/2 Nov. 2, 2017
People v. Lee
Penal Code Section 666.5 allegation does not prevent court from reducing 'wobbler' offenses to misdemeanors where Section 666.5 applies only to 'felony' convictions.
Criminal Law and Procedure 5DCA Nov. 2, 2017
Axiom Foods Inc. v. Acerchem International Inc.
While defendant's act of infringement may be intentional, defendant did not expressly aim intentional act at forum state of California to confer jurisdiction.
Copyright 9th Nov. 2, 2017
Zion v. County of Orange
In civil rights lawsuit, summary judgment favoring officer improper where reasonable jury could find head-stomping that followed two rounds of shooting unreasonable.
Civil Rights 9th Nov. 2, 2017
Modification: People v. Drew
Order denying untimely Proposition 36 resentencing petition for failure to show good cause affirmed where delay is substantial and 'nature and strength' of justification for delay is inadequate.
Criminal Law and Procedure 4DCA/1 Nov. 2, 2017
Pearson Ford v. Workers' Compensation Appeals Board
Workers' compensation award for worker convicted of fraud not barred where medical evidence not resulting from fraud conviction supports compensable injury.
Workers' Compensation 4DCA/1 Nov. 2, 2017
Marriage of Furie
Court not required to provide written statement of decision where order does not modify, terminate, or set aside prior support order.
Family Law 2DCA/1 Nov. 1, 2017
Micha v. Sun Life Assurance of Canada Inc.
In analyzing request for appellate attorney fees in ERISA case, court must consider entire course of litigation, not just prior appeal.
Employment Law 9th Nov. 1, 2017
People v. Francis
Gang enhancement for serious felony modified where trial court applies enhancement plainly meant for non-serious felonies.
Criminal Law and Procedure 2DCA/3 Nov. 1, 2017
Denton v. City and County of San Francisco
Denial of plaintiff's motion for continuance and new trial warrants reversal where ruling 'falls outside...bounds of reason.'
Civil Procedure 1DCA/2 Oct. 31, 2017
Serrano v. Superior Court (Los Angeles County Sheriff's Dept.)
'Pitchess' motion erroneously denied where potential 'Brady' material in officer's file existed and issue of officer's credibility sufficient to trigger in camera review.
Criminal Law and Procedure 2DCA/1 Oct. 31, 2017
Vitatech International, Inc. v. Sporn et al.
A stipulated judgement for more than four times a settlement amount is an unenforceable penalty under 'Greentree' because it bears no reasonable relationship to the range of damages the parties could have anticipated would result if defendant failed to timely pay.
Contracts 4DCA/3 Oct. 31, 2017
U.S. v. Kelly
Parent drug's isomer properly scheduled where Schedule I findings about parent drug justify scheduling isomer.
Criminal Law and Procedure 9th Oct. 31, 2017
Hogue v. Hogue
Court has specific jurisdiction over matter where out-of-state defendant sends disturbing video to plaintiff in California.
Family Law 3DCA Oct. 31, 2017
Baxter v. Genworth North America Corporation
Arbitration agreement invalid where employee is powerless to bargain over the agreement's terms and where agreement unfairly skews in employers favor.
Arbitration 1DCA/3 Oct. 30, 2017
City of West Hollywood v. Kihagi
Landlord may have violated Ellis Act by renting out property, but permanent injunction imposing 10-year rental moratorium is unenforceable as currently worded, warranting reversal.
Real Property 2DCA/1 Oct. 30, 2017
Dan Farr Productions v. U.S. District Court
Prior restraint orders limiting defendant's speech are improper where plaintiff's right to fair trial would not be threatened in absence of prior restraint orders.
Constitutional Law 9th Oct. 30, 2017
People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.'
Criminal Law and Procedure 4DCA/2 Oct. 27, 2017
People v. Luo
Statute is not vague where statute clearly warns of prohibited conduct with reasonable degree of certainty.
Labor Law 6DCA Oct. 27, 2017
Foltz v. Johnson
Primary assumption of the risk doctrine properly applied to bar negligence claim against coparticipant in case where plaintiff suffers paralyzing spinal injury in dirt bike accident.
Torts 2DCA/4 Oct. 27, 2017
People v. Buell
Revocation of mandatory supervision affirmed where conclusion that defendant consumed alcohol is corroborated by reliable expert testimony and data.
Criminal Law and Procedure 1DCA/4 Oct. 27, 2017
Diedrich v. Berryhill
Administrative law judge's failure to call medical expert to determine claimant's disability onset date prejudiced claimant warranting reversal of denial of SSDI benefits.
Administrative Agencies Oct. 27, 2017
M.F. v. Pacific Pearl Hotel Management LLC
Demurrer improperly sustained in employer's favor in case brought by housekeeping employee alleging violation of the FEHA stemming from rape by trespassing drunk man.
Employment Law 4DCA/1 Oct. 27, 2017