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Name Category Published
Modification: People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense. 		Criminal Law and Procedure 5DCA Apr. 12, 2018
In re S.K.
Where social services office made numerous attempts to locate family members for possible placement prior to dispositional hearing, court did not err in assuming jurisdiction. 		Juveniles 4DCA/2 Apr. 12, 2018
Somers v. Digital Realty Trust Inc.
Order 		9th Apr. 12, 2018
Franceschi v. Yee
Judgment denying constitutionality of California Business and Professions Code Section 494.5 for deprivation of procedural due process rights affirmed where state provides tax delinquents with constitutional procedure to challenge amount of delinquency. 		Tax 9th Apr. 12, 2018
People v. Lopez
Where defendant appears to have no improper motive, request to retain new counsel, even after case was ongoing for two years prior to trial, should have been granted. 		Criminal Law and Procedure 1DCA/1 Apr. 12, 2018
In re Cresta Technology Corporation
Transfer of ordinary check occurs when debtor's bank honors check and not when check is delivered. 		Bankruptcy BAP Apr. 11, 2018
In re M.H.
Court faced with two good options for minor's placement does not abuse its discretion in deciding that minor's continued placement with foster family is in minor's best interests. 		Juveniles 1DCA/3 Apr. 10, 2018
In Re Westwood Plaza North
If a court determines that an appeal is frivolous, it may exercise its discretion to grant sanctions and attorney fees under Rule 38 of the Federal Rules of Appellate Procedure. 		Civil Procedure 9th Apr. 10, 2018
Garcia-Martinez v. Sessions
Theft convictions subject to BIA's former rule that theft is crime of moral turpitude if and only if it is committed with intent to permanently deprive owner of property where new BIA rule is inapplicable to case. 		Immigration 9th Apr. 10, 2018
Rizo v. Yovino
Employee's prior salary does not constitute 'factor other than sex' upon which wage differential may be based, under Equal Pay Act. 		Employment Law 9th Apr. 10, 2018
Friends of the Santa Clara River v. U.S. Army Corps of Engineers
A court cannot interject itself within the area of discretion of a governmental agency as to the choice of action taken, since that determination belongs to the agency's expertise. 		Environmental Law 9th Apr. 10, 2018
People v. Barboza
Proposition 57, which abolishes 'direct filing of criminal charges of juveniles in adult criminal court,' does not apply retroactively to defendant with final judgment. 		Criminal Law and Procedure 1DCA/1 Apr. 10, 2018
People v. Almanza
Though statutory amendment allows trial court retroactive discretion to strike previously-mandatory enhancement, no purpose to remand where trial court had evinced 'no desire to be lenient' with first degree murder defendant. 		Criminal Law and Procedure 2DCA/6 Apr. 10, 2018
People v. Beatty
Jurisdiction proper against criminal defendant where 'preliminary arrangements' for crimes take place in prosecuting forum, whether or not crime's culmination occurs there. 		Criminal Law and Procedure 3DCA Apr. 9, 2018
Amended Opinion: Demaree v. Pederson
Qualified Immunity does not protect a government official when they violate an established right a reasonable person would know. 		Qualified Immunity 9th Apr. 9, 2018
Gomez-Sanchez v. Sessions
Blanket rule against considering mental health of individual petitioning for withholding of removal not entitled to 'Chevron' deference because Congress' intent clear that such petitions should be considered on a case-by-case basis. 		Immigration 9th Apr. 9, 2018
Modification: Ralphs Grocery Company v. Victory Consultants, Inc. et al.
Collecting petition signatures while trespassing on private property immediately adjacent to grocery entryway is not constitutionally protected activity. 		Constitutional Law 4DCA/1 Apr. 9, 2018
Garcia v. Mercedes-Benz USA
Trial court does not err in denying fees award to malfunctioning car buyer as prevailing party, as confidential settlement made it uncertain if plaintiff achieved litigation goal. 		Civil Procedure 2DCA/2 Apr. 6, 2018
U.S. v. Gilmore
Prohibition on Department of Justice's use of appropriated funds to prevent state laws authorizing use, distribution, possession, or cultivation of medical marijuana does not prohibit prosecution of defendants who cultivate marijuana on federal land. 		Criminal Law and Procedure 9th Apr. 6, 2018
Modification: 1901 First Street Owner v. Tustin Unified School District
Lower court did not err in ruling that assessable space - for purposes of calculating school impact fees imposed on a developer - is meant to include footage outside individual apartments, such as common areas, like fitness centers and interior hallways. 		statutory_interpretation 4DCA/3 Apr. 6, 2018
Deutsche Bank Trust Company Americas v. Robert R. McCormick Foundation
Order 		USSC Apr. 5, 2018
Amended Opinion: Jones v. Royal Administration Services Inc.
Company cannot be held vicariously liable for telemarketers' Telephone Consumer Protection Act violations because telemarketers were not its agents, but were independent contractors. 		Consumer Law 9th Apr. 5, 2018
Modification: AO Alpha-Bank v. Yakovlev
Service of process must be reasonably calculated to provide actual notice under the circumstances of the case in order to satisfy due process. 		Civil Procedure 4DCA/1 Apr. 4, 2018
R.E.B. v. State of Hawaii Dept. of Education
Order 		9th Apr. 4, 2018
Stokeling v. U.S.
Order 		USSC Apr. 3, 2018
Kisela v. Hughes
Officer is entitled to qualified immunity where officer's actions do not violate clearly established right that reasonable officer would have known. 		Qualified Immunity USSC Apr. 3, 2018
Encino Motorcars, LLC v. Navarro
Fair Labor Standards Act overtime-pay exemptions should not be construed narrowly; automobile service advisors covered by exemption that applies to 'salesman...primarily engaged in servicing automobiles.' 		statutory_interpretation USSC Apr. 3, 2018
Asante v. California Dept. of Health Care Services
When a state agency sets rates it pays hospitals for Medicaid services, it does so as a market participant, not a market regulator; consequently it does not violate the dormant Commerce Clause of the U.S. Constitution. 		Constitutional Law 9th Apr. 3, 2018
National Wildlife Federation v. National Marine Fisheries Service
Injunctions affirmed in part where plaintiff effectively shows that it is 'likely to suffer irreparable harm' in absence of injunction. 		Environmental Law 9th Apr. 3, 2018
People v. Buza
Guided by U.S. Supreme Court holding on DNA cheek swab collection, California Supreme Court finds such collection not unreasonable when required of serious felony arrestee. 		Criminal Law and Procedure 1DCA/2 Apr. 3, 2018
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