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Name Category Published
L.B. v. U.S.
Order 		9th Aug. 9, 2021
Innovation Law Lab v. Mayorkas
Order 		9th Aug. 9, 2021
Southern California Alliance of Publicly Owned Treatment Works v. U.S. Environmental Protection Agency
Agency action is not final when subsequent agency decision-making is necessary to create any legal or practical consequences. 		Environmental Law 9th Aug. 6, 2021
Vasquez-Rodriguez v. Garland
Social group claims based on 'perceived gang membership' must demonstrate a common immutable characteristic, defined with particularity, and socially distinct with the society in question. 		Immigration 9th Aug. 6, 2021
BNSF Railway v. County of Alameda
Counties cannot tax railroad property at a higher rate than the rate applicable to commercial and industrial property in the same assessment jurisdiction. 		Tax 9th Aug. 6, 2021
Hom v. Petrou
Respondents were entitled to collect their attorney's fees related to appellant's non-contract claims as third party beneficiaries. 		Attorneys 1DCA/4 Aug. 5, 2021
In re Parks
Scientific debate between prosecution and defense experts regarding cause and origin of house fire did not establish that false evidence was offered at trial under Penal Code Section 1473. 		Criminal Law and Procedure 2DCA/1 Aug. 5, 2021
Modification: Ayala v. Superior Court (People)
Threat of death that causes sustained fear for immediate family member's life meets requirements for crime of making criminals threats. 		Criminal Law and Procedure 1DCA/3 Aug. 5, 2021
Harris v. Thomas Dee Engineering Co., Inc.
Expert's declaration showed triable issue as to asbestos exposure under re-entrainment theory, even if he neglected to mention that phenomenon during his deposition. 		Civil Procedure 1DCA/5 Aug. 5, 2021
Pavulak v. von Blanckensee
Federal prisoner could not show that he lacked an unobstructed procedural shot at presenting his challenge to sentencing enhancement under 28 U.S.C. Section 2241 petition. 		Criminal Law and Procedure 9th Aug. 5, 2021
Sisto v. U.S.
Physician working at Indian contractor hospital was not 'employee' of that hospital for purposes of Federal Tort Claims Act. 		Torts 9th Aug. 5, 2021
Cedar Point Nursery v. Hassid
Order 		9th Aug. 5, 2021
Olean Wholesale Grocery Cooperative Inc. v. Bumble Bee Foods LLC
Order 		9th Aug. 5, 2021
Howard Jarvis Taxpayers Assn. v. Weber
Any burden resulting from Senate Bill No. 117's implementation was minor and justified by the state's regulatory interests. 		Constitutional Law 3DCA Aug. 5, 2021
Family Health Centers of San Diego v. State Dept. of Health Care Services
Federally qualified health center's outreach activities were akin to advertising and were thus not reimbursable under Medi-Cal. 		Administrative Agencies 3DCA Aug. 4, 2021
Conservatorship of Farrant
Right to accounting can arise from possession of money or property which because of special relationship, defendant is obliged to surrender. 		Conservatorship 2DCA/6 Aug. 4, 2021
Rivelli v. Hemm
Claim must arise out or or relate to forum-related activities to satisfy personal jurisdiction. 		Civil Procedure 6DCA Aug. 4, 2021
Modification: Pear v. City & County of S.F.
Secondary easement is no more than the right to do that which is necessary for the principal easement's enjoyment. 		Real Property 6DCA Aug. 4, 2021
Valenzuela v. City of Anaheim
Prohibiting 'loss of life damages' would run afoul of 42 U.S.C. Section 1983's remedial purpose. 		Civil Rights 9th Aug. 4, 2021
In re Noah S.
Minor's attempted robbery adjudication qualified as offense under Welfare and Institutions Code Section 707(b). 		Juveniles 1DCA/3 Aug. 4, 2021
Ayala v. Superior Court (People)
Threat of death that causes sustained fear for immediate family member's life meets requirements for crime of making criminals threats. 		Criminal Law and Procedure 1DCA/3 Aug. 3, 2021
Law Finance Group, LLC v. Key
100-day deadline to file petition to vacate arbitration award cannot be altered by agreement. 		Arbitration 2DCA/2 Aug. 3, 2021
Kim v. R Consulting & Sales, Inc.
Contempt proceedings cannot form basis of malicious prosecution cause of action because contempt is a subsidiary procedural action; thus, anti-SLAPP motion was properly granted. 		Anti-SLAPP 4DCA/1 Aug. 3, 2021
Berg v. Pulte Home Corp.
After insurer's equitable subrogation entitlement was adjudicated in insurer's favor by trial court sitting in equity, defendant was entitled to jury trial on legal claims by insurer. 		Civil Procedure 3DCA Aug. 3, 2021
People v. Morales
Trial court's failure to instruct that requisite great bodily injury or death under firearm use enhancement must be to person other than accomplice was prejudicial error. 		Criminal Law and Procedure 1DCA/4 Aug. 3, 2021
Romero v. Garland
'Clearly and beyond doubt' burden applies only to 'applicants for admission' and does not apply to lawfully admitted petitioners applying for adjustment of status. 		Immigration 9th Aug. 3, 2021
Capriole v. Uber Technologies
Federal Arbitration Act's residual clause exemption is not met where service is primarily local and intrastate in nature. 		Arbitration 9th Aug. 3, 2021
Maie v. Garland
Hawaii's fourth degree theft statute does not qualify as a crime involving moral turpitude. 		Immigration 9th Aug. 3, 2021
People v. Palacios
Trial court properly admitted defendant's proffer statements when defendant did not meet agreed upon condition precedent of answering truthfully. 		Criminal Law and Procedure 2DCA/2 Aug. 2, 2021
People v. Lapenias
Trial court erred when it allowed expert testimony that it is 'rare' for children to make false allegations of sexual abuse, but error was harmless. 		Criminal Law and Procedure 4DCA/3 Aug. 2, 2021
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