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Name Category Published
Protect Our Communities Foundation v. LaCounte
New information relating to adverse impact to golden eagles from wind turbines was not significant under National Environmental Protection Act because it merely confirmed concerns that environmental impact statement already considered. 		Environmental Law 9th Sep. 24, 2019
U.S. v. Becerra
District court committed plain structural error by only providing written jury instructions and failing to orally instruct jurors as to substantive law, so remand for a new trial was necessary. 		Criminal Law and Procedure 9th Sep. 24, 2019
U.S. v. Collazo
Order 		9th Sep. 23, 2019
Lindstrom v. Cal. Coastal Commission
California Coastal Commission's special conditions on approval of coastal development permit were generally acceptable, but special condition 3.b was overbroad and unreasonable as drafted so remand was necessary. 		Environmental Law 4DCA/1 Sep. 23, 2019
People v. Newman
A distance as short as 190 feet satisfies the asportation element of the crime of kidnapping. 		Criminal Law and Procedure 2DCA/8 Sep. 23, 2019
Goodman v. Dohmen
Order 		9th Sep. 23, 2019
Riggs v. Airbus Helicopters
Merely complying with federal regulation is not sufficient for an officer to be regarded as "acting under the government" for purposes of 28 U.S.C. Section 1442(a)(1). 		Civil Procedure 9th Sep. 23, 2019
Modification: Conservatorship of K.P.
Lanterman-Petris-Short Act Section 5352 permits treatment facilities to initiate conservatorship proceedings when admitting an uncooperative patient and is not considered an element for jury instruction. 		Civil Procedure 2DCA/2 Sep. 20, 2019
In re I.A.
The legislative intent of Welfare and Institutions Code Section 361.5(b)(10) allows juvenile courts to deny reunification services to parents who have already failed at reunification and failed to improve. 		Juveniles 4DCA/2 Sep. 20, 2019
People v. Jenkins
Penal Code Section 1001.36 applies retroactively under 'People v. Lara' and on remand, defendant may attempt to make a prima facie showing of eligibility for pretrial diversion. 		Criminal Law and Procedure 4DCA/1 Sep. 20, 2019
Alaama v. Presbyterian Intercommunity Hospital, Inc.
Under Business and Professions Code Section 809, once a hospital appoints a physician to its medical staff, the hospital may not take away the physician's privileges without a hearing. 		Civil Procedure 2DCA/7 Sep. 20, 2019
People v. Mejia
True finding of premeditated and deliberation as an aider and abettor cannot be based on the natural and probable consequences doctrine, so that finding must be vacated. 		Criminal Law and Procedure 4DCA/3 Sep. 20, 2019
Amended Opinion: Ioane v. Noll
Individual has established Fourth Amendment right to privacy against intrusion involving visual search of naked body, where intrusion into privacy outweighs given governmental interests. 		Constitutional Law 9th Sep. 20, 2019
Pit River Tribe v. Bureau of Land Management
The Geothermal Stream Act, 30 U.S.C. Section 1005(a), clearly and unambiguously only permits production-based continuations for geothermal leases on a lease-by-lease basis, rather than on a unit-wide basis. 		statutory_interpretation 9th Sep. 20, 2019
U.S. v. Shelby
Oregon first-degree robbery is not a violent felony under the Armed Career Criminal Act force clause because it "doesn't require physically violent force." Therefore, the sentencing enhancement may not apply. 		Criminal Law and Procedure 9th Sep. 20, 2019
Jones v. Awad
To attach premises liability to an owner, the owner must have either actual or constructive knowledge of the dangerous condition. 		Torts 5DCA Sep. 19, 2019
People v. Nzolameso
'Birchfield v. North Dakota' did not prohibit finding implied consent because defendant could choose from three tests, and was not forced to choose between a blood test or criminal penalties. 		Criminal Law and Procedure 2DCA/8 Sep. 19, 2019
Hicks v. Richard
To defeat common interest privilege defense in anti-SLAPP motion plaintiff must show defendant acted with 'malice.' 		Employment Law 4DCA/1 Sep. 19, 2019
Minton v. Dignity Health
May be violation of Unruh Act where Catholic hospital refuses to perform hysterectomy on transgender man. 		Civil Rights 1DCA/4 Sep. 19, 2019
Cheema v. L.S. Trucking, Inc.
Under Penal Code Section 3287, prejudgment interest is appropriate where damages are certain or capable of being made certain by calculation if the defendant actually knows the damage amount. 		Civil Procedure 1DCA/4 Sep. 19, 2019
Spracher v. Paul M. Zagaris, Inc.
Denial of defendants' motion to compel arbitration, filed nearly two years into fierce litigation, was supported by substantial evidence in light of 'St. Agnes Medical Center v. PacifiCare of California' factors. 		Arbitration 1DCA/3 Sep. 19, 2019
American Diabetes Ass'n v. U.S. Dept. of Army
An organization has standing if it can establish an injury in fact by proving it has sufficiently diverted its resources to combat the conduct in question. 		Civil Procedure 9th Sep. 19, 2019
Cruz Pleitez v. Barr
'Flores-Chavez v. Ashcroft' did not extend to the circumstances presented here, and notice provided to petitioner was constitutionally sufficient under 'Mathews v. Eldridge'. 		Immigration 9th Sep. 19, 2019
Husayn v. U.S.
Even where state secrets privilege apply, nonsensitive information must be "disentangled" from sensitive information and released, where possible. 		Evidence 9th Sep. 19, 2019
Mackovksa v. Viewcrest Road Properties LLC
Trial court abused its discretion denying plaintiff's motion for relief from waiver of jury trial because defendants failed to show they would be prejudiced by the relief. 		Civil Procedure 2DCA/7 Sep. 19, 2019
In re A.J.
Juvenile court's finding that minor was not eligible for informal supervision because juvenile wardship petition alleged an offense for which restitution could exceed $1,000 was appropriate. 		Juveniles 1DCA/3 Sep. 18, 2019
Skelton v. Workers Comp. App. Bd.
An employee is not entitled to temporary disability indemnity if her wage loss is from her using up her paid time off to attend medical appointments after returning to work. 		Workers' Compensation 6DCA Sep. 18, 2019
Klugman v. Superior Court
Information a year old is not considered stale where child pornography is concerned and therefore may be used to establish probable cause for a search warrant. 		Criminal Law and Procedure 6DCA Sep. 18, 2019
People v. Financial Casualty & Surety, Inc.
Appellant failed to establish the trial court failed any requirement to forfeit bond at hearing for which the clerk failed to indicate whether or not defendant was present. 		Criminal Law and Procedure 4DCA/1 Sep. 18, 2019
U.S. v. Garay
An officer may search a cellphone seized as inventory in preparation for a vehicle about to be towed, if the inventory search is not an excuse to rummage for evidence. 		Criminal Law and Procedure 9th Sep. 18, 2019
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