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Name Category Published
Mu v. Barr
Under 8 U.S.C. Section 1186b, any alien, including the alien principal and the alien beneficiaries, whose permanent resident status is terminated may request a review in a removal proceeding. 		Immigration 9th Sep. 5, 2019
Jessop v. City of Fresno
Appellants failed to show that it was clearly established that Officers' alleged conduct violated Fourth Amendment; thus, Officers were protected by qualified immunity. 		Qualified Immunity 9th Sep. 5, 2019
Mancini & Associates APLC v. Schwetz
Civil Code Section 47(b) litigation privilege did not bar plaintiff's claims because defendant engaged in a course of tortious conduct depriving plaintiff of attorney fees. 		Torts 2DCA/6 Sep. 5, 2019
Omlansky v. Save Mart Supermarkets
Plaintiff failed to allege 2009 statutory cap was in effect before his pleading and that it imposed a duty on defendant to incorporate it into its Medi-Cal billings. 		Health Care 3DCA Sep. 4, 2019
McClain v. Kissler
Defendants who lied about knowledge of action, failed to file responsive pleading despite active participation in action, and ignored basic litigation rules and deadlines did not establish excusable mistake. 		Civil Procedure 1DCA/2 Sep. 4, 2019
People v. Kumar
If a court fails to define 'criminal negligence' in its jury instructions, there is no error if the instructions and the arguments correctly inform the jury of the criminal elements. 		Criminal Law and Procedure 1DCA/3 Sep. 4, 2019
Arias v. Residence Inn by Marriott
When a defendant's allegations of removal jurisdiction are challenged, defendant's showing on the amount in controversy may rely on reasonable assumptions. 		Civil Procedure 9th Sep. 4, 2019
Ward v. United States
A prior conviction falls under the Armed Career Criminal Act's force clause as a predicate offense if the conviction involved the amount of force necessary to overcome a victim's resistance. 		Criminal Law and Procedure 9th Sep. 4, 2019
Pena v. Dey
Because trust's amendment provision requires an amendment be 'signed by the settlor,' the settlor's interlineations without his signature did not effectively amend the trust. 		probate_and_trusts 3DCA Sep. 4, 2019
In re Sagin
Petitioner's murder conviction vacated in light of new DNA evidence producing no matches to petitioner, but producing match to an unknown male from samples taken from under victim's fingernails. 		Civil Rights 6DCA Sep. 4, 2019
In re D.R.
For dependency hearings, a court fails to provide notice to a parent with due diligence when it does not perform a search based on the unique information provided. 		Juveniles 2DCA/8 Sep. 4, 2019
Daley v. Regents of the University of California
Remand was necessary for resolution of factual issues relevant to determining accrual date for the two-year statute of limitations on plaintiff's medical battery claim in light of application of the discovery rule. 		Civil Procedure 1DCA/5 Sep. 4, 2019
In re: Maria A. Basave de Guillen
Notice of Delinquent Assessment Lien, which purported to secure future assessments, was impermissible under the Davis-Stirling Act, which limits the lien to the amount specified in the notice. 		Bankruptcy BAP Sep. 4, 2019
Moore v. Wells Fargo Bank, N.A.
Because Unemployment Program Forbearance Plan Notice modified deed of trust and note, the contract documents, as modified, were ambiguous; thus, remand was warranted. 		Contracts 3DCA Sep. 3, 2019
Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive. 		Constitutional Law 5DCA Sep. 3, 2019
Modification: Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive. 		Constitutional Law 5DCA Sep. 3, 2019
Quidel Corporation v. Superior Court (San Diego)
Business and Professions Code Section 16600 does not invalidate all contractual noncompete provisions, outside the employment context; thus, summary adjudication was not appropriate. 		Business Law 4DCA/1 Sep. 3, 2019
People v. Force
Prosecutors are not allowed to engage in conduct that undermines the willingness of a defense witness to take the stand by making comments about the prospect of perjury before trial. 		Criminal Law and Procedure 4DCA/3 Sep. 3, 2019
People v. Hall
Defendant made no claim of error to trial court, either at time of sentencing or after, as required by Penal Code Section 1237.2; thus claim was dismissed. 		Criminal Law and Procedure 2DCA/8 Sep. 3, 2019
Conservatorship of M.M.
Welfare and Institutions Code Section 5350's time limitations are not mandatory, but directory; therefore there are no consequences for failing to begin trial within the statutory period. 		Conservatorship 2DCA/8 Sep. 3, 2019
Conservatorship of D.C.
Despite trial court's failure to state specific factors underlying its order for involuntary medication, substantial evidence supported the order such that no reversible error occurred. 		Conservatorship 2DCA/8 Sep. 3, 2019
Jeffra v. Cal. State Lottery
Although his claims arose from protected activity, plaintiff provided sufficient evidence that his claim for retaliation under the California Whistleblower Protection Act had at least minimal merit, defeating defendant's anti-SLAPP motion. 		Anti-SLAPP 2DCA/8 Sep. 3, 2019
Precision Framing Systems Inc. v. Luzuriaga
Under Civil Code Section 8414(a) if a mechanical lien is filed before the contractor has ceased work, the filing is considered premature and the mechanical lien is void and unenforceable. 		Civil Procedure 4DCA/2 Sep. 3, 2019
U.S. v. Chi
Elements of 'bribery of a public official' were included in South Korean Criminal Code Article 129, so it fell within 18 U.S.C. Section 1956(c)(7)(B)(iv) and qualified as an offense against a foreign nation. 		Criminal Law and Procedure 9th Sep. 3, 2019
Capp v. County of San Diego
Defendant not entitled to qualified immunity because plaintiff pled a plausible First Amendment retaliation claim; thus, district court's dismissal reversed in part. 		Constitutional Law 9th Sep. 3, 2019
OTO L.L.C. v. Kho
Arbitration agreement was unconscionable due to substantial procedural unconscionability based on coercive circumstances surrounding its execution, and sufficient substantive unconscionability based on its one-sided impacts on the signatory employee. 		Arbitration CASC Aug. 30, 2019
Pitzer College v. Indian Harbor Insurance Co.
California's common law notice-prejudice rule is a fundamental public policy for the purpose of choice of law analysis; thus, case remanded to determine whether notice-prejudice rule applies. 		Civil Procedure CASC Aug. 30, 2019
In re Vaquera
Under Section 667.61, a pleading itself is a valid form of notice if it alleged facts sufficient to give the defendant fair notice of the alleged crime and sentence enhancement. 		Criminal Law and Procedure 4DCA/3 Aug. 30, 2019
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 Aug. 30, 2019
De la Carriere v. Greene
Defendant obtained affirmative relief on cross-complaint and obtained greater relief in the action despite plaintiff's post-judgment success, so defendant was prevailing party for Civil Code Section 1717 fee award purposes. 		Civil Procedure 2DCA/8 Aug. 30, 2019
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