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Name Category Published
McLean v. State of California
Mandated final wage payment time limit under Labor Code Section 202 for employees who 'quit' includes protection for employees who 'retire.' 		Employment Law Aug. 18, 2016
People v. Vidana
Larceny and embezzlement are different statements of the same offense; defendant may not be convicted of both based on the same conduct. 		Statutory Interpretation Aug. 18, 2016
U.S. v. Harmon
Intentional misconduct by prosecution during grand jury proceedings goes to witness's credibility and does not constitute structural error that would warrant automatic reversal. 		Criminal Law and Procedure Aug. 18, 2016
Polo v. Innoventions International LLC
Upon determining it lacks jurisdiction, district court should remand, rather than dismiss, putative class action to state court. 		Civil Procedure Aug. 18, 2016
Friedman v. Live Nation Merchandise
Inference of copyright management information removal from photographs used for t-shirt design establishes summary judgment against photographer-plaintiff improper. 		Copyright Aug. 18, 2016
Moyle v. Liberty Mutual Retirement Benefit Plan
Former employees of acquired insurance company may maintain their ERISA claim for equitable relief under 29 U.S.C. Section 1132(a)(3) despite alternative claim under Section 1132(a)(1)(B). 		Remedies Aug. 18, 2016
Sese v. Wells Fargo Bank N.A.
Appeal over order denying interim attorney fees under California Homeowner Bill of Rights, Civil Code Section 2424.12, dismissed as nonappealable interlocutory order. 		Civil Procedure Aug. 18, 2016
Center for Biological Diversity v. Bureau of Land Management
Incidental take statements do not apply to plant species under Environmental Act as a 'take;' can only apply to fish and wildlife. 		Environmental Law Aug. 17, 2016
People v. Stylz
Individual storage unit within larger facility is not "commercial establishment;" forced entry by Prop 47 appellant was thus not shoplifting. 		Criminal Law and Procedure Aug. 17, 2016
In re Andrew S.
Jurisdiction finding based on alleged failure to provide for children and disposition order removing children reversed as to incarcerated father. 		Juveniles Aug. 17, 2016
Hernandez v. WCAB
California Highway Patrol sergeant injured on the job wins annulment of WCAB's decision and remand due to error in denying him additional compensation. 		Workers' Compensation Aug. 17, 2016
Barickman v. Mercury Casualty Co.
Insurer breaches duty of good faith and fair dealing by unreasonably refusing to settle action due to its misunderstanding of clause concerning court-ordered restitution. 		Insurance Aug. 17, 2016
People v. Chatman
Statutory distinctions in Penal Code Section 4852.01 that render subsequently-incarcerated former felony probationers ineligible for certificate of rehabilitation, but not former felony prisoners, violate equal protection. 		Criminal Law and Procedure Aug. 17, 2016
People v. Lynch
Sex offender prohibition for residency near school or park under Section 3003.5 applies to parolees, not to those on probation. 		Criminal Law and Procedure Aug. 17, 2016
U.S. v. McIntosh
Following denial of injunctions, defendant-appellants win remand based on congressional appropriations rider prohibiting DOJ from spending funds to prevent states' implementation of medical marijuana laws. 		Criminal Law and Procedure Aug. 17, 2016
U.S. v. Mendoza-Padilla
Manslaughter, as defined under Florida law, is not crime of violence under United States Sentencing Guidelines, resulting in vacated sentence and remand for resentencing. 		Criminal Law and Procedure Aug. 17, 2016
Santa Clarita Organization for Planning and the Environment v. Castaic Lake Water Agency
Public water agency does not violate state constitution in acquisition of stock in retail water purveyor. 		Constitutional Law Aug. 17, 2016
People v. Hudson
Impostor fails to establish eligibility for resentencing of his second degree burglary and forgery convictions to misdemeanors under Prop. 47. 		Criminal Law and Procedure Aug. 17, 2016
La Mirada Ave. Neighborhood Assn v. City of Los Angeles (Target Corporation)
Appeal of mandated cessation of Target building construction mooted by subsequent amendment of city building and development regulations initiated by appellant. 		Municipal Law Aug. 17, 2016
Reyes v. Lewis
Postwarning confession must be suppressed where police officers violate 'Missouri v. Seibert.' 		Criminal Law and Procedure Aug. 17, 2016
St. John of God Retirement & Care Center v. Dept. of Health Care Services (Woods)
Care agency required to readmit resident upon first availability of open bed under 42 Fed. Code of Regulations Section 483.12 despite hospital transfer order from contracted physician. 		Health Care Aug. 17, 2016
People v. Medelez
Defendant properly convicted under 'special' luring statute and 'general' attempt statute involving minor he met at work whom he attempted to engage in oral sex with. 		Criminal Law and Procedure Aug. 17, 2016
Young v. REMX, Inc.
'Death knell' doctrine inapplicable, rendering order staying and bifurcating plaintiff's representative PAGA claim nonappealable. 		Labor Law Aug. 17, 2016
S.N., a Minor
Juvenile court's failure to obtain valid waiver of Mother's right to contested jurisdictional hearing does not warrant reversal of orders adverse to Mother. 		Dependency Aug. 17, 2016
People v. Abarca
Banks are considered commercial establishments for purposes of newly enacted misdemeanor shoplifting statute under Penal Code Section 459.5. 		Criminal Law and Procedure Aug. 16, 2016
Friends of the Willow Glen Trestle v. City of San Jose
In case challenging city's determination that wooden railroad bridge is not 'historical resource,' application of incorrect standard of judicial review results in reversal and remand. 		Environmental Law Aug. 16, 2016
California Building Industry Association v. Bay Area Air Quality Management District
Receptor thresholds adopted by Bay Area air quality public agency not permissible as 'matter of course' in evaluating proposed receptor projects. 		Environmental Law Aug. 16, 2016
U.S. v. Romero
Speedy Trial Act ruling affirmed where trial court properly excludes all time during which defendant was incompetent to stand trial. 		Criminal Law and Procedure Aug. 16, 2016
NCU Admin. Bd. v. Nomura Home Equity Loan
Extender Statute (part of Financial Institutions Reform Act) supplants other preexisting time limitations in action by federal agency against mortgage security fraudsters. 		Statutory Interpretation Aug. 16, 2016
Democratic Party of Hawaii v. Nago
Party challenging open primary system as unduly burdensome of its First Amendment freedom to associate must provide evidence so demonstrating. 		Constitutional Law Aug. 16, 2016
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