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Name Category Published
Professional Collection Consultants v. Lujan
Summary judgment on statute of limitations grounds that is granted to defendant under Delaware law is affirmed where plaintiff fails to carry burden to show triable issue of material fact.
Civil Procedure 1DCA/2 May 24, 2018
J.N. v. Superior Court
Juvenile court fails to consider statutory factors in evaluating juvenile homicide offender's suitability for treatment in juvenile court system, warranting vacatur of order finding juvenile unsuitable.
Juveniles 4DCA/3 May 24, 2018
People v. Balov
Arresting officer's failure to inform drunk driver of consequences of refusing chemical test did not render driver's consent to such test coercive or involuntary.
Criminal Law and Procedure 4DCA/1 May 24, 2018
Modification: Nielsen Contracting Inc. v. Applied Underwriters Inc.
Arbitration and delegation provisions are unenforceable where they were made in violation of regulatory statute and no exception justifying violation applies.
Contracts 4DCA/1 May 24, 2018
Marriage of Rodriguez
Judgment affirmed where court correctly applies 'Asfaw v. Woldberhan' in choosing not to deduct asset depreciation from parent's income calculations for child support.
Family Law 5DCA May 23, 2018
Doe v. Good Samaritan Hospital
Summary judgment improper where expert's opinion that hospital met its standard of professional care was conclusory and devoid of any facts supporting opinion.
Torts 5DCA May 23, 2018
People v. Williams
Receipt of stolen car falls within realm of Proposition 47, even if not expressly listed in Penal Code Section 1170.18, if car's value is no more than $950.
Criminal Law and Procedure 1DCA/4 May 23, 2018
Raines v. Coastal Pacific Food Distributors
Grant of summary adjudication on representative PAGA claim for civil penalties for violation of Labor Code Section 226(a) reversed where such claim does not require injury.
Civil Procedure 3DCA May 23, 2018
U.S. v. Walker River Irrigation District
Court errs in dismissing all claims under doctrine of res judicata in protracted water rights matter where litigating parties had no opportunity to brief or be heard on matter.
Water Rights 9th May 23, 2018
Nevada State Engineer v. U.S. Board of Water Commissioners
Modification to decreed water rights that proposes delivery of water from river basin to lake is appropriate where lake is part of river basin.
Water Rights 9th May 23, 2018
Mono County v. Walker River Irrigation District
Order
9th May 23, 2018
People v. Meza
Warrantless blood draw violates Fourth Amendment, but nevertheless harmless where motorist was driving under influence of alcohol with BAC well over legal limit.
Constitutional Law 1DCA/2 May 22, 2018
People v. Hall
Judgment finding defendant's misdemeanor conduct admissible reversed where evidence cannot impeach 'prosecution's' evidence of defendant's statement relating to defendant's good character.
Criminal Law and Procedure 1DCA/1 May 22, 2018
Prince v. Invensure Ins. Brokers
A case was remanded to the trial court for further consideration because the trial court erred with respect to the validity of an offer to compromise under CCP Section 998.
Civil Procedure 4DCA/3 May 22, 2018
Modification: Williams v. Moulton Niguel Water Dist.
Water Districts not liable under nuisance theory for chemical causing pinhole pipe leaks where chemical's inclusion was permitted by state health agency.
Civil Procedure 4DCA/3 May 22, 2018
Epic Systems Corp. v. Lewis
Federal Arbitration Act trumps savings clause and National Labor Relations Act, requiring enforcement of arbitration agreements, including terms requiring individualized proceedings.
Arbitration USSC May 22, 2018
Upper Skagit Tribe v. Lundgren
Tribe's assertion of sovereign immunity to quiet title action erroneously rejected due to misplaced reliance on case law, which did not address scope of tribal sovereign immunity.
Native American Affairs USSC May 22, 2018
Lyle v. U.S.
Order
USSC May 22, 2018
Houston v. U.S.
Order
USSC May 22, 2018
Virginia Uranium Inc. v. Warren
Order
USSC May 22, 2018
Culbertson v. Berryhill
Order
USSC May 22, 2018
Jam v. International Finance Corp.
Order
USSC May 22, 2018
Royal v. Murphy
Order
USSC May 22, 2018
People v. Smith
Defendant fails to carry burden of persuasion in 'Batson/Wheeler' challenges despite making prima facie showing of prosecutor's race-based exclusion of Black jurors.
Criminal Law and Procedure CASC May 22, 2018
Easley v. City of Riverside
Not error for district court to sua sponte prompt briefing on qualified immunity, though defendant had indicated he would not seek such a motion.
Immunity 9th May 21, 2018
Fuqua v. Ryan
Prison inmate who brings action relating to prison's conditions under federal law exhausts administrative remedies by engaging in and completing prison's disciplinary appeal process.
Prisoners' Rights 9th May 21, 2018
In re Galaviz
Where court sees 'substantial evidence' raising reasonable doubt of chronically ill and tenuously-competent defendant's ability to stand trial, it must hold a competency hearing.
Criminal Law and Procedure 4DCA/3 May 21, 2018
People v. Kerley
Introduction of extensive evidence of domestic abuse in murder trial not violation of Evidence Code Section 352, where charged offense was 'primary focus' of prosecution.
Criminal Law and Procedure 1DCA/4 May 21, 2018
Modification: Curry v. Equilon Enterprises, LLC
Employees of entities who leased and operated gas stations owned by an oil company were not de facto employees of the oil company because there was no employer vis a vis employee relationship.
Employment Law 4DCA/2 May 21, 2018
Yeager v. Holt
Denial of motion to declare suit asserting causes of action for malpractice, breach of contract, and misappropriation of name as SLAPP suit affirmed where suit does not attack expressive activity.
Anti-SLAPP 3DCA May 18, 2018