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Name Category Published
Bontilao v. Superior Court
Regardless of whether petitioner's motion was directed to trial of a criminal or civil cause, it was untimely under Code of Civil Procedure Section 170.6(2)'s all purpose rule. 		Civil Procedure 6DCA Jul. 26, 2019
Adhav v. Midway Rent A Car, Inc.
Defendants engaged in no illegal or fraudulent conduct in their dealings with plaintiffs who purchased optional insurance coverage for rental vehicles, so plaintiffs' Unfair Competition Law claims failed. 		Torts 2DCA/1 Jul. 26, 2019
Severson & Werson v. Sephery-Fard
Under Section 527.8 of the Workplace Violence Safety Act, an employer seeking a restraining order for its employees, must provide the respondent with five days notice of the hearing. 		Civil Procedure 6DCA Jul. 26, 2019
Hollingsworth v. Superior Court
The superior court first assumed jurisdiction over plaintiffs' claims, so it, not the Workers' Compensation Appeals Board, should determine which tribunal has exclusive jurisdiction over plaintiffs' claims. 		Civil Procedure 2DCA/4 Jul. 26, 2019
Cole v. Hammond
Trial court erred in denying defendants' motion for mandatory dismissal pursuant to Civil Procedure Section 583.360, and instead granting plaintiff's motion for voluntary dismissal. 		Civil Procedure 2DCA/4 Jul. 26, 2019
People v. Young
Trial court erred in permitting prosecution on rebuttal to introduce substantial evidence concerning defendant's racist beliefs simply for the light the offensiveness of those beliefs shed on his character. 		Criminal Law and Procedure CASC Jul. 26, 2019
Amended Opinion: U.S. v. Martinez-Hernandez
California Penal Code Section 211 robbery qualifies as a generic theft offense under 8 U.S.C. Section 1101(a)(43)(G), and thus is an aggravated felony under 8 U.S.C. Section 1227(a)(2)(A)(iii). 		Immigration 9th Jul. 26, 2019
Amended Opinion: U.S. v. Perez
Conviction under Penal Code Section 243(d) fits squarely within the definition of 'crime of violence' under U.S.S.G. Section 4B1.2(a), so no error occurred in defendant's sentencing. 		Criminal Law and Procedure 9th Jul. 26, 2019
West v. City of Caldwell
The lack of voluntariness to enter plaintiff's home was not so clearly established to police that officer would have known that plaintiff's consent was not voluntary; thus, officer entitled to qualified immunity. 		Criminal Law and Procedure 9th Jul. 26, 2019
Tauscher v. Phoenix Board of Realtors
Genuine issue of material fact remained as to whether defendant took necessary steps to ensure effective communication with profoundly deaf individual under Americans with Disabilities Act. 		Disability Discrimination 9th Jul. 26, 2019
U.S. Commodity Futures Trading Commission v. Monex Credit Company
Commodity Exchange Act's actual delivery exception required some meaningful degree of customer possession, which did not occur here, and the CFTC may sue for fraudulently deceptive activity or manipulative activity. 		statutory_interpretation 9th Jul. 26, 2019
Modification: Rivera v. Kent
The California Department of Health Care Services is not restricted to 45 days when making Medi-Cal eligibility determinations for applicants under Section 15926 under the Welfare & Institutions Code. 		Health Care 1DCA/4 Jul. 25, 2019
Modification: Samsky v. State Farm Mutual Automobile Ins. Co.
Appellant satisfied requirements of Code of Civil Procedure Section 2033.420(a) and respondent failed to meet exceptions under Section 2033.420(b), so appellant was entitled to costs of proof under Section 2033.420(a). 		Civil Procedure 2DCA/8 Jul. 25, 2019
Potter v. Alliance United Ins. Co.
Trial court improperly sustained defendant's demurrer because plaintiff stated a proper fraudulent conveyance claim under California's Uniform Voidable Transactions Act. 		Torts 2DCA/5 Jul. 25, 2019
People v. Turner
Trial court has no duty to sua sponte instruct jury that prosecution must prove great bodily injury as an element of mayhem. 		Criminal Law and Procedure 3DCA Jul. 25, 2019
U.S. v. Corrales-Vazquez
Under 8 U.S.C. Section 1325(a)(2), the crime of 'eluding examination or inspection by immigration officers' can be committed only where and when examinations or inspections occur, specifically, open ports of entry. 		Criminal Law and Procedure 9th Jul. 25, 2019
Warner v. Experian Information Solutions, Inc.
Under Section 1681i of the Fair Credit Reporting Act, consumer reporting agencies have no duty to investigate a consumer's credit file if the consumer does not notify the agency directly. 		Consumer Law 9th Jul. 25, 2019
The Koala v. Khosla
Where complaint alleges that State singled out press by withholding subsidy in response to disfavored speech, complaint alleges viable Free Press Clause cause of action. 		Constitutional Law 9th Jul. 25, 2019
Djerf v. Ryan
Assuming Arizona Supreme Court committed causal nexus error by ignoring defendant's family background mitigation evidence, error was harmless because such evidence was not compelling compared to the State's strong aggravation case. 		Civil Rights 9th Jul. 25, 2019
Newirth v. Aegis Senior Communities
Defendant waived its right to arbitrate because defendant made intentional decision not to compel arbitration in order to take advantage of judicial forum, and plaintiffs were prejudiced by incurring costs. 		Arbitration 9th Jul. 25, 2019
Khrapunov v. Prosyankin
Remand was necessary for the district court to conduct additional fact-finding about foreign proceedings to determine if 28 U.S.C. Section 1782's requirements remained satisfied by plaintiff. 		Civil Procedure 9th Jul. 25, 2019
Gemini Technologies Inc. v. Smith & Wesson Corp.
Contractual forum-selection clauses are unenforceable when enforcement would contravene a strong public policy of the forum in which the suit is being brought. 		Civil Procedure 9th Jul. 25, 2019
Cal. Public Records Research, Inc. v. County of Alameda
Plaintiff failed to establish County's calculation of recoverable 'indirect costs' violated Government Code Section 27366; thus, County's fee for copies of official records was reasonable. 		Government 1DCA/5 Jul. 24, 2019
Cal. Advocates for Nursing Home Reform v. Smith
Although Health and Safety Code Section 1418.8 was unconstitutional on its face because it lacked a notice requirement, the court remanded with directions to implement procedural safeguards preserving its constitutionality. 		Constitutional Law 1DCA/4 Jul. 24, 2019
U.S. v. Lindsay
18 U.S.C. Section 2423(c), which prohibits engaging in illicit sexual conduct in foreign places, did not exceed Congress's authority under Foreign Commerce Clause, as applied to criminalization of non-commercial sexual abuse of minor. 		Criminal Law and Procedure 9th Jul. 24, 2019
U.S. v. Iwai
Exigent circumstances existed to justify government's warrantless entry into defendant's residence because it was reasonable to conclude that destruction of incriminating evidence was occurring. 		Criminal Law and Procedure 9th Jul. 24, 2019
Rodriguez v. City of San Jose
Plaintiff's Second Amendment claim relating to police's seizure of firearms from her residence after her husband was detained for mental health evaluation was barred by issue preclusion. 		Civil Procedure 9th Jul. 24, 2019
Diaz-Quirazco v. Barr
Board of Immigration Appeals' interpretation of the interplay between 8 U.S.C. Sections 1227(a)(2)(E)(ii) and 1229b(b)(1)(C) was reasonable and consistent with the statutory language, so its denial of petitioner's appeal must be accepted. 		Immigration 9th Jul. 24, 2019
Vazquez v. Jan-Pro Franchising Int'l
Order 		9th Jul. 23, 2019
Cutts v. Richland Holdings Inc.
Order 		9th Jul. 23, 2019
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