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City of San Juan Capistrano v. California Public Utilities Commission
District court properly dismissed City's claims because City lacked standing to challenge state law on constitutional grounds in federal court and claims were barred by Eleventh Amendment. 		Civil Rights 9th Sep. 12, 2019
Ramirez v. Ryan
Petitioner's underlying claim of ineffective assistance of trial counsel was substantial, thus constituting 'prejudice' under 'Martinez Ramirez v. Ryan' and excusing procedural bar. 		Criminal Law and Procedure 9th Sep. 12, 2019
Garris v. FBI
To maintain a record, the government must demonstrate that the record is pertinent to and within the scope of a specific and currently ongoing authorized law enforcement activity. 		statutory_interpretation 9th Sep. 12, 2019
Rudel v. Hawaii Mgmt Alliance Assn.
State law claims were preempted by ERISA Section 502(a), but saved from preemption under Section 514 and since the state statutes did not expand ERISA's remedial scope, they provided the rule of law. 		statutory_interpretation 9th Sep. 12, 2019
Pizzella v. Seward Ship's Drydock
C.F.R. Section 1910.134(d)(l)(iii) requires covered employers to evaluate respiratory hazards that exist in the workplace in order to determine whether respirators must be provided. 		Administrative Agencies 9th Sep. 12, 2019
U.S. v. Campbell
Chapter 7 of the U.S. Sentencing Guidelines' lack of an express provision for consecutive sentencing upon revocation of multiple concurrent supervised release terms did not militate against availability of such a sentence. 		Criminal Law and Procedure 9th Sep. 12, 2019
Victory Processing v. Fox
Montana Code Section 45-8-216, addressing robocalls, failed to pass strict scrutiny because it was both underinclusive and overinclusive in relation to Montana's compelling state interest. 		Constitutional Law 9th Sep. 11, 2019
People v. Hall
Petitioner's arrest and probation reports, although hearsay, were sufficiently reliable under the circumstances to support their admissibility in determining whether petitioner was eligible for relief under Proposition 64. 		Evidence 2DCA/6 Sep. 11, 2019
Southern Cal. Edison Co. v. Severns
Based on language in conveyances, plaintiff was granted 'floating easements' over property to access its electrical facilities which became 'fixed' easements due to history of use. 		Real Property 2DCA/6 Sep. 11, 2019
People v. Torres
Penal Code Section 1001.36 may not be applied on appeal, after a criminal defendant's conviction and sentence, to determine if the mental health diversion applies. 		Criminal Law and Procedure 2DCA/6 Sep. 11, 2019
People v. Evans
Under California Penal Code Section 1202.4(f), a court does not need to consider a criminal defendant's ability to pay when imposing a restitution award. 		Criminal Law and Procedure 1DCA/4 Sep. 10, 2019
Kaffaga v. Estate of Thomas Steinbeck
Plaintiff failed to meet burden of placing into record meaningful evidence of defendant's financial condition and ability to pay any punitive damages award; thus, punitive damages award could not stand. 		Remedies 9th Sep. 10, 2019
In re: Mihranian
Bankruptcy Appellate Panel correctly concluded that a party moving for substantive consolidation must provide notice of the motion to creditors of a putative consolidated non-debtor. 		Bankruptcy 9th Sep. 10, 2019
HiQ Labs v. LinkedIn Corp.
Preliminary injunction was properly granted by the district court since plaintiff made sufficient showings of the elements set forth by 'Winter v. Nat. Res. Def. Council, Inc.' 		Cyber Law 9th Sep. 10, 2019
People v. Allison
California Rules of Court, Rule 8.304's certificate of probable cause requirement did not apply and habeas petition was not void because defendant filed the petition in superior court. 		Criminal Law and Procedure 1DCA/2 Sep. 9, 2019
County of Butte v. Dept. of Water Resources
Plaintiffs cannot challenge aspects of the Federal Power Act's Settlement Agreement process in state court, and 'Friends of the Eel River v. North Coast Railroad Authority' is inapplicable. 		Environmental Law 3DCA Sep. 9, 2019
DeLisi v. Lam
Terms used to describe required state of mind for landlord evicting tenant under City's rent control ordinance were not unconstitutionally vague; thus, judgment in favor of tenants affirmed. 		Constitutional Law 1DCA/2 Sep. 9, 2019
Pacific Coast Federation of Fishermen's Associations v. Glaser
District court erred by interpreting 'entirely' to mean 'majority,' in Clean Water Act's exemption to permitting requirement, and error was but-for cause of dismissal of plaintiff's claim; thus, dismissal was reversed. 		Water Rights 9th Sep. 9, 2019
Godecke ex rel. U.S. v. Kinetic Concepts
Plaintiff adequately pleaded violation of the False Claims Act and the trial court's decision to disregard plaintiff's former coworker's statements bolstering plaintiff's allegations was improper. 		Government 9th Sep. 9, 2019
People v. Munoz
Senate Bill No. 1437 does not apply retroactively to non-final judgments on appeal and does not apply to the offense of attempted murder. 		Criminal Law and Procedure 2DCA/3 Sep. 9, 2019
In re: Charles Stuart Brown and Holly Ann Brown
Under California Code of Civil Procedure Section 356 the discharge injunction triggers the limitations period suspension provided for in the statute for creditors in bankruptcy proceedings. 		Bankruptcy BAP Sep. 6, 2019
Amended Opinion: U.S. v. Benamor
Government need not prove defendant knew firearm lacked antiquity exempting it from Penal Code Section 922(g), since antiquity is an affirmative defense rather than an element of the crime. 		Criminal Law and Procedure 9th Sep. 6, 2019
U.S. v. Waggy
A conviction under the Washington Revised Code Section 9.61.230(1)(a),(b) does not violate the First Amendment because it prohibits harassing conduct and does not implicate protected speech. 		Criminal Law and Procedure 9th Sep. 6, 2019
Clark v. Chappell
Petitioner's claim that his rights to due process and impartial jury were violated when juror communicated with minister about case during trial was remanded in light of 'Godoy v. Spearman.' 		Criminal Law and Procedure 9th Sep. 6, 2019
Branch v. Umphenour
Magistrate judges may not rule directly on a motion to withdraw consent, and lack jurisdiction to dismiss plaintiff's claims before defendants have consented to their jurisdiction. 		Civil Rights 9th Sep. 6, 2019
Head v. Wilkie
Under 'Haddle v. Garrison,' irreconcilable with 'David v. United States,' a 42 U.S.C. Section 1985(2) plaintiff may be a non-party to underlying litigation and allege interference with employment as a cognizable injury. 		Civil Rights 9th Sep. 6, 2019
Modification: People v. Superior Court (T.D.)
Senate Bill No. 1391 promotes Proposition 57's goal of juvenile rehabilitation, by ensuring virtually all 14- and 15-year-olds who commit crimes will be processed through the juvenile justice system. 		Criminal Law and Procedure 5DCA Sep. 5, 2019
Thurston v. Midvale Corporation
Websites connected to physical place of public accommodation are included in Title III of the ADA, and a sufficient nexus between the website and place of public accommodation existed. 		Civil Rights 2DCA/8 Sep. 5, 2019
Davis v. Ross
Intentional spoliation of evidence as a litigation privilege no longer exists as a tort. Legislative history is devoid of any intention to preserve tort liability for communications that further spoliation. 		Civil Procedure 3DCA Sep. 5, 2019
Weiss v. City of Del Mar
Government Code Section 65009(c)(1)(E)'s 90-day deadline applied to planning commission's ruling under City's scenic view ordinance; thus, service on City was untimely. 		Government California Courts of Appeal Sep. 5, 2019
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