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Brinkley v. Monterey Financial Services Inc.
Plaintiff cannot remand otherwise valid Class Action Fairness Act case to state court where only portion of class meets two-thirds citizenship requirement.
Civil Procedure 9th Oct. 23, 2017
Davidson v. Kimberly-Clark Corp.
Consumer alleging fraud has standing to pursue injunctive relief where consumer faces 'imminent or actual threat of future harm.'
Consumer Law 9th Oct. 23, 2017
Kayla W., a Minor
Mother's parental rights not terminated with establishment of probate guardianship and, therefore, Mother's right to participate in child's subsequent dependency proceedings not affected.
Dependency 2DCA/3 Oct. 20, 2017
Dryden Oaks LLC v. San Diego County Regional Airport Authority
Property owners' takings claim against airport authority and county fails where adoption of land use plan is not sufficiently final to constitute compensable taking.
Real Property 4DCA/1 Oct. 20, 2017
People v. Hahn
Court that terminates defendant’s probation does not thereby lack power to enforce jail sentence.
Criminal Law and Procedure 2DCA/6 Oct. 20, 2017
People v. Rodriguez
Defendant with ankle monitor unsuccessful in challenging conviction for escaping from electronic monitoring program, where GPS data from monitor properly admitted.
Criminal Law and Procedure 5DCA Oct. 20, 2017
Modification: Pesticide Action Network North America v. California Dept. of Pesticide Regulation (Valent U.S.A. Corp.)
California Department of Pesticide Regulation's failure to comply with CEQA's substantive requirements in approving amended labels for pesticides requires rescission of approval.
Environmental Law 1DCA/3 Oct. 20, 2017
Melendrez v. San Francisco Baseball Association LLC
Motion to compel arbitration erroneously denied where federal preemption applies given that resolution of controversy necessarily requires interpretation of parties' collective bargaining agreement.
Arbitration 1DCA/3 Oct. 19, 2017
Modification: Living Rivers Council v. State Water Resources Control Board
Policy using uncertainty and likelihood of environmental effect to conclude that mitigation measure is infeasible appropriate where likelihood and uncertainty help determine mitigation measure's success.
Environmental Law 1DCA/1 Oct. 19, 2017
Modification: Williams v. Superior Court (People)
Deputy district attorney's excusal of potential juror on hardship grounds during grand jury proceedings warrants dismissal of indictment.
Criminal Law and Procedure 3DCA Oct. 19, 2017
Montanore Minerals Corp. v. Bakie
Order
9th Oct. 19, 2017
In re T.F.
Minor improperly waives Miranda rights where circumstances surrounding waiver show that minor did not voluntarily, knowingly, and intelligently waive rights.
Juveniles 1DCA/4 Oct. 18, 2017
People v. Rose
California has jurisdiction to regulate cigarette sales in Indian country; Indian owner and operator of smoke shops liable for selling illegal cigarettes, tax-free.
Native American Affairs 3DCA Oct. 18, 2017
Beneli v. The National Labor Relations Board
National Labor Relations Board properly determines that new standard concerning when it must defer to arbitration decision applies prospectively.
Labor Law 9th Oct. 18, 2017
U.S. v. Preston
Aggravated sexual abuse of child convictions reversed and new trial ordered due to evidentiary errors and prosecutorial misconduct.
Criminal Law and Procedure 9th Oct. 18, 2017
People v. Warmington
Petition to redesignate conviction for embezzlement improperly denied where property embezzled was worth less than $950 and petitioner not otherwise ineligible for Proposition 47 relief.
Criminal Law and Procedure 3DCA Oct. 18, 2017
Doe v. San Diego-Imperial Council
Reversal of attorney fees award to defendants required, where attorney fees statute governing childhood sex abuse requires favorable conclusion on the merits rather than procedural victory.
Civil Procedure 4DCA/1 Oct. 18, 2017
Modification: Protect Telegraph Hill v. City and County of San Francisco
Neighborhood group unsuccessful in challenging approval for condominium development project on San Francisco's famed Telegraph Hill.
Environmental Law 1DCA/3 Oct. 18, 2017
People v. Lewelling
Conviction reversed where trial court's jury instruction directs jury to refer to other jury instruction that does not define essential element of charge.
Criminal Law and Procedure 1DCA/2 Oct. 18, 2017
Estate of O'Connor
Funds in elderly person's joint bank account pass down to surviving owner, not decedent's estate, absent clear and convincing evidence of contrary intent.
probate_and_trusts 2DCA/1 Oct. 17, 2017
Protect Telegraph Hill v. City and County of San Francisco
Neighborhood group unsuccessful in challenging approval for condominium development project on San Francisco's famed Telegraph Hill.
Environmental Law 1DCA/3 Oct. 17, 2017
Wright v. Florida
Order
USSC Oct. 17, 2017
Currier v. Virginia
Order
USSC Oct. 17, 2017
Ohio v. American Express
Order
USSC Oct. 17, 2017
U.S. v. Microsoft
Order
USSC Oct. 17, 2017
Dahda v. U.S.
Order
USSC Oct. 17, 2017
Morales v. Fry
Submitting legal question of police officer's qualified immunity to jury is impermissible, resulting in vacated verdict and remand in police brutality case.
Civil Rights 9th Oct. 17, 2017
People v. Navarra
Proposition 57 does not apply retroactively to afford juvenile homicide offender sentenced to life without possibility of parole juvenile 'fitness hearing' under 'Montgomery v. Louisiana.'
Criminal Law and Procedure 5DCA Oct. 17, 2017
Airline Service Providers Association v. Los Angeles World Airports
City of Los Angeles acts as market participant in requiring airport businesses to agree to 'labor peace agreement' and is not preempted by federal labor statutes.
Labor Law 9th Oct. 17, 2017
Aspen Skiing Company v. Cherrett (In re Cherrett)
Housing loan that is key part of compensation package and that is undertaken for business purpose is non-consumer debt.
Bankruptcy 9th Oct. 17, 2017