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CVS Pharmacy v. Superior Court
A plaintiff who seeks injunctive relief on behalf of a class the plaintiff is not a member of can obtain precertification discovery to seek out a legitimate plaintiff.
Administrative Agencies Oct. 19, 2015
People v. Bell
Any plea of once in jeopardy that presents a question of material fact must be resolved by a jury unless jury trial is waived.
Criminal Law and Procedure Oct. 19, 2015
Chand v. Bolanos
City of San Francisco's lien against plaintiff's recovery from driver who struck him is valid and not preempted by state law.
Government Oct. 19, 2015
Miranda v. Anderson Enterprises
'Death knell' doctrine, an exception to one final judgment rule, applies to representative PAGA claims just as they do to class claims.
Employment Law Oct. 19, 2015
Andrae A., a Minor
Juvenile court not mandated to continue jurisdiction over youth after he turned 18 because he failed to meet eligibility for further foster care services.
Juveniles Oct. 19, 2015
Valencia v. SCIS Air Security Corp.
Denial of class certification reversed where state meal, rest and wage law claims are not preempted by the federal Airline Deregulation Act.
Labor Law Oct. 19, 2015
Behm v. Clear View Technologies
Plaintiff's failure to provide notice a reasonable time before obtaining punitive damages results in vacated default judgment, although defendant not relieved from underlying default.
Civil Procedure Oct. 19, 2015
People v. Rivas-Colon
Shoplifter ineligible for resentencing on his second degree burglary conviction where value of stolen property exceeded $950 statutory threshold.
Criminal Law and Procedure Oct. 19, 2015
Alberts v. Aurora Behavioral Health Care
Denial of class certification reversed where court relies on improper criteria and erroneous legal assumptions in denying certification.
Labor Law Oct. 19, 2015
Sharif v. Mehusa
Both sides entitled to attorney fees where plaintiff is prevailing party for one cause of action and defendant is prevailing party for other cause of action.
Civil Procedure Oct. 16, 2015
People v. Hopson
Was defendant's right of confrontation under the Sixth Amendment violated when the trial court permitted the prosecution to introduce out-of-court statements made by her deceased codefendant?
Oct. 16, 2015
Parrish v. Latham & Watkins
Does the denial of former employees' motion for summary judgment in an action for misappropriation of trade secrets conclusively establish probable cause to bring the action and thus preclude the employees' subsequent malicious prosecution action, even if the trial court in the prior action later found that it had been brought in bad faith? Is the former employees' malicious prosecution action against the employer's former attorneys barred by the one-year statute of limitations in Code of Civil Procedure section 304.6??
Oct. 16, 2015
Bally Total Fitness of California v. S.C. (PCAM)
Are invoices for legal services sent to the County of Los Angeles by outside counsel within the scope of the attorney-client privilege and exempt from disclosure under the California Public Records Act, even with all references to attorney opinions, advice and similar information redacted?
Oct. 16, 2015
People v. Fisch
Must no-contact probation conditions be modified to explicitly include a knowledge requirement?
Oct. 16, 2015
People v. Lopez
Does the Safe Neighborhood and Schools Act [Proposition 47], which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date?
Oct. 16, 2015
People v. McCoy
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
Oct. 16, 2015
People v. Nash
Is a total term of imprisonment of 50 years to life for murder committed by a 16-year-old offender the functional equivalent of life without possibility of parole by denying the offender a meaningful opportunity for release on parole? If so, does the sentence violate the Eighth Amendment absent consideration of the mitigating factors for juvenile offenders set forth in Miller v. Alabama (2012)? Did Senate Bill 260 render moot any claim that such a sentence violates the Eighth Amendment?
Oct. 16, 2015
Newark Unified School District v. S.C. (Brazil)
Does inadvertent disclosure of attorney work product and privileged documents in response to a Public Records Act request waive those privileges and protections? Should the attorney who received the documents be disqualified because she examined them and refused to return them?
Oct. 16, 2015
People v. Smith
Does the definition of "unreasonable risk of danger to public safety" under Proposition 47 apply retroactively to resentencing under the Three Strikes Reform Act of 2012?
Oct. 16, 2015
Davis v. S.C. (People)
Order
Oct. 16, 2015
People v. Grayson
Order
Oct. 16, 2015
Hudson v. S.C. (People)
Order
Oct. 16, 2015
People v. Young
Order
Oct. 16, 2015
U.S. v. Mobley
Man fails to overturn convictions stemming from gun deal with informant and undercover ATF agent gone wrong.
Criminal Law and Procedure Oct. 16, 2015
People v. Goolsby
Lesser related arson of property offense can be retried where it was prosecuted in single proceeding along with arson of an 'inhabited structure or inhabited property.'
Criminal Law and Procedure Oct. 16, 2015
People v. Romero and Self
Uncorroborated accomplice testimony warrants reversal of robbery conviction, but penalty judgment unaffected given nature of additional crimes.
Criminal Law and Procedure Oct. 16, 2015
Mobile Medical Services etc. v. Rajaram
Anti-SLAPP motion should have been granted; court errs in granting leave to amend where there is no probability plaintiffs will prevail.
Civil Procedure Oct. 15, 2015
Najera v. Shimoto
Driver successfully overturns license suspension by challenging reliability of DMV's blood test.
Administrative Agencies Oct. 15, 2015
America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)
Precedent allowing debtor to recover only fees incurred to end stay violation overruled, allowing debtor to recover fees incurred to prosecute damages action.
Bankruptcy Oct. 15, 2015
France v. Johnson
In failure-to-promote claim, age discrimination can be established, even where superior who expressed preference for younger employees was not final decisionmaker in promotion.
Employment Law Oct. 15, 2015