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Name Category Published
Daws v. Superior Court
Trial court's two-day written notice requirement for defendant to withdraw his waiver of right to a speedy trial fulfilled the requirements of Penal Code Section 1382. 		statutory_interpretation 1DCA/4 Nov. 18, 2019
U.S. v. Ped
Police may conduct a warrantless search of a home when they had probable cause that a parolee lived at the residence and his parole officer did not notify them otherwise. 		Criminal Law and Procedure 9th Nov. 18, 2019
Henson v. Fidelity National Financial
District court abused its discretion in evaluating three factors considered in evaluating the merits of a FRCP 60(b)(6) motion predicated on an intervening change in the law under 'Phelps v. Alameida.' 		Civil Procedure 9th Nov. 18, 2019
FMC Corp. v. Shoshone-Bannock Tribes
Tribal court had jurisdiction over tribes' suit against corporation because corporation was nonmember who entered consensual relationship with tribe through permit fees and thus satisfied 'Montana v. United States' exception. 		Native American Affairs 9th Nov. 18, 2019
Glynn v. Superior Court
Even though employee was terminated by mistake because of a misinterpretation of the company's disability policy, disability discrimination was still present and the company was held liable for employee's damages. 		Disability Discrimination 2DCA/4 Nov. 15, 2019
People v. Tran
Exigent circumstances supported seizure of defendant's vehicle dash camera when facts suggested it contained evidence of reckless driving and defendant's conduct indicated he would attempt to destroy its contents. 		Criminal Law and Procedure 4DCA/1 Nov. 15, 2019
People v. Kopp
Order 		CASC Nov. 15, 2019
Sheen v. Wells Fargo Bank
Order 		CASC Nov. 15, 2019
People v. Tirado
Order 		CASC Nov. 15, 2019
Wishnev v. The Northwestern Mutual Life Insurance Co.
Exempt lenders under Article XV of the California Constitution are not required to advise borrowers in writing that they are charging compound interest. 		Insurance CASC Nov. 15, 2019
Safer Chemicals, Healthy Families v. U.S. Environmental Protection Agency
Petition for review pursuant to Toxic Substances Control Act granted only as to claim that EPA's exclusion of legacy uses and associated disposals contradicted TSCA's statutory definition of 'conditions of use.' 		Environmental Law 9th Nov. 15, 2019
Silbaugh v. Chao
An amendment to a pleading relates back to the original pleading when the amendment changes the party whom the claim is asserted against and gives the newly named defendant notice. 		Civil Procedure 9th Nov. 15, 2019
Sarun v. Dignity Health
Court disapproved of trial court's application of unduly restrictive ascertainability standard and directed trial court to certify a modified limited issue class due to sufficient evidence of manageability issues. 		Civil Procedure 2DCA/7 Nov. 14, 2019
Gardner v. Superior Court
The Superior Court is not authorized to appoint the county Public Defender to represent misdemeanor appellees; trial level representation does not continue on appeal except at the Public Defender's discretion. 		Criminal Law and Procedure 4DCA/2 Nov. 14, 2019
Evans v. Shiomoto
A traffic stop on an unpaved dirt road is lawful if the officer conducting the stop has reasonable suspicion the driver is in violation of a Vehicle Code provision. 		Criminal Law and Procedure 4DCA/1 Nov. 14, 2019
Amended Opinion: Szonyi v. Barr
The Board of Immigration Appeals is not foreclosed from interpreting the text of 8 U.S.C. Section 1227(a)(2)(A)(ii) so long as the interpretation is 'reasonable.' 		Criminal Law and Procedure 9th Nov. 14, 2019
Padilla Cuenca v. Barr
8 U.S.C. Section 1231(a)(5), which empowers an immigration officer to reinstate a prior removal order, permanently bars reopening of the prior removal order under 8 U.S.C. Section 1229a(c)(7). 		Immigration 9th Nov. 14, 2019
Prima Donna Development Corp. v. Wells Fargo Bank, N.A.
Arbitration agreement was not unconscionable and plaintiff's challenge based on arbitrator's failure to explicitly address its claim that defendant did not act in good faith was not subject to judicial review. 		Arbitration 6DCA Nov. 14, 2019
In re K.T.
A denial of a petition to regain child custody under Welfare and Institutions Code Section 388 grants relatives standing to appeal a child removal order issued under Section 387. 		Dependency 4DCA/2 Nov. 14, 2019
Woodberry v. U.S.
Order 		USSC Nov. 13, 2019
Altera Corp. v. Commissioner of Internal Revenue
Dissent to en banc denial found Treasury's explanation for decision lacked evidentiary support, and majority's decision potentiated a circuit split while inviting uncertainty for businesses relying on the well-settled 'arm's length' standard. 		Tax 9th Nov. 13, 2019
People v. Chubbuck
A vehicle is defined by its potential to be driven on the highway; thus, a defendant who drove farm equipment capable of highway travel - even if not intended for it - cannot escape Vehicle Code Section 10851. 		Criminal Law and Procedure 4DCA/2 Nov. 13, 2019
Aslam v. Superior Court
Prosecution of knowingly making false statement in document filed with DMV after defendant was acquitted of perjury does not offend principles of double jeopardy because they are separate offenses. 		Criminal Law and Procedure 1DCA/4 Nov. 12, 2019
People v. Schmidt
Recording a deed acquired through fraud does not render the deed 'false' or 'forged' within the meaning of Penal Code Section 115. 		Criminal Law and Procedure 3DCA Nov. 12, 2019
Williams v. Impax Laboratories, Inc.
Plaintiff failed to appeal an order dismissing class allegations that was appealable under the death knell doctrine, so plaintiff forfeited her appeal of dismissal of class allegations. 		Civil Procedure 1DCA/1 Nov. 12, 2019
In re Cobbs
First degree murder conviction under natural and probable consequences theory is invalid; remedy is to reverse conviction, and allow prosecution to retry first degree count, or reduce conviction to second degree murder. 		Criminal Law and Procedure 3DCA Nov. 12, 2019
Marriage of McKean
The trial court abused its discretion when it cited the changed circumstances rule to modify child custody orders after only one questionable incident of neglect. 		Family Law 4DCA/3 Nov. 12, 2019
Patent & Trademark v. Booking.com B.V.
Order 		USSC Nov. 12, 2019
In re: Jeffrey Mark Freeman
Creditors must have an objectively reasonable basis to seek collection from Chapter 13 petitioners; good faith belief is no longer enough to avoid civil contempt sanctions. 		Bankruptcy BAP Nov. 11, 2019
In re: QDOS, Inc.
Bankruptcy court erred by not requiring debtor to file an answer and list of creditors required by FRB Rule 1003(b) once it determined triable issues existed. 		Bankruptcy BAP Nov. 11, 2019
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