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Name Category Published
People v. Burns
Record could be read to support all six threshold mental health diversion eligibility requirements; thus, matter remanded to trial court to hold a diversion eligibility hearing. 		Criminal Law and Procedure 4DCA/1 Aug. 16, 2019
People v. Moses
Under Penal Code Section 236.1(c), human trafficking of a minor, the victim must actually be a minor and not an adult assuming the role of a minor. 		Criminal Law and Procedure 4DCA/3 Aug. 16, 2019
Clifford v. Quest Software Inc.
Under Business and Professions Code Section 172001, agreements to arbitrate claims for private injunctive relief are barred in California, but private injunctive relief may be arbitrated. 		Employment Law 4DCA/3 Aug. 16, 2019
Shalabi v. City of Fontana
Order 		CASC Aug. 16, 2019
Flores v. Barr
Because district court's opinion in its order enforcing 'Flores' Agreement did not modify that agreement, court lacked jurisdiction over appeal. 		Immigration 9th Aug. 16, 2019
Apollo Education Group, Inc. v. National Union Fire Insurance Co.
Order 		9th Aug. 16, 2019
City of Oroville v. Superior Court
City of Oroville not liable in inverse condemnation because sewage backup was not unavoidable consequence of risk posed by the sewer system and plaintiffs lacked a legally required backwater valve. 		Real Property CASC Aug. 16, 2019
In re Ricardo P.
Because there was no indication that defendant used or will use electronic devices in connection with any illegal activity, record was insufficient to justify substantial burdens imposed by electronics search condition. 		Criminal Law and Procedure CASC Aug. 16, 2019
Voris v. Lampert
Conversion claim is not an appropriate remedy for nonpayment of wages, and Legislature's remedial scheme should not be modified to include conversion as a remedy. 		Torts CASC Aug. 16, 2019
The Nat. Grange of the Order of Patrons of Husbandry v. California Guild
Attorney disqualified for formerly representing an adverse party in the same litigation necessitates vicarious disqualification of the entire firm, regardless of the firm's ethical screening measures. 		Attorneys 3DCA Aug. 15, 2019
Wolf v. Superior Court
Under California Rules of Court, rule 8.851(a)(1), the appellate division must appoint counsel to a defendant subject to incarceration and who was represented by counsel at the trial level. 		Criminal Law and Procedure 4DCA/2 Aug. 15, 2019
A.J. Fistes Corp. v. GDL Best Contractors, Inc.
Plaintiff alleged facts sufficient to establish taxpayer standing to sue to restrain the alleged illegal expenditure of public funds by School District. 		Government 2DCA/7 Aug. 15, 2019
Cannon v. Seay
Order 		USSC Aug. 15, 2019
Amended Opinion: Claiborne v. Blauser
Visibly shackling a criminal defendant during a jury trial is a violation of that defendant's civil rights under Section 1983. Remanded for new trial. 		Civil Rights 9th Aug. 15, 2019
Taylor v. County of Pima
Order 		9th Aug. 15, 2019
Gonzalez Romo v. Barr
A resident alien is inadmissible to re-enter the United States if convicted of a crime under 8 U.S.C. section 1101, including solicitation to possess marijuana for sale. 		Immigration 9th Aug. 15, 2019
Pizzuto v. Blades
Although state court's decision was contrary to clinical standards in place at the time, it was not obvious then that strict adherence to clinical standards was required; thus, habeas relief denied. 		Criminal Law and Procedure 9th Aug. 15, 2019
Barnes v. Chase Home Finance
Plaintiff's loan was a residential mortgage transaction, without right of rescission, because he used the money to pay a property division judgment and his ex-wife's outstanding loan balance, thus reacquiring property. 		Real Property 9th Aug. 15, 2019
People v. Meza
Defendant did not forfeit statute of limitations challenge to time-barred lesser included offense occurred because defendant's general assent to prosecution's jury instructions did not establish he understood their full consequences. 		Criminal Law and Procedure 4DCA/2 Aug. 15, 2019
People v. Shah
Materiality is not an element of the offenses listed in Penal Code Section 132 and 134 regarding preparing and offering false and fraudulent evidence. 		Evidence 3DCA Aug. 15, 2019
People v. Stout
A firearm enhancement must be stricken from a conviction if the firearm was not used in the commission of the underlying charge, under California Penal Code Section 25800. 		Criminal Law and Procedure 3DCA Aug. 14, 2019
In re A.W.
Under the Indian Child Welfare Act, if the proceeding involves an Indian child, the court must provide notice of the proceeding to the tribe or the Bureau of Indian Affairs. 		Native American Affairs 3DCA Aug. 14, 2019
In re L.C.
When determining legal guardianship in juvenile court, physical harm of a minor is not presumed from a parent or guardian's substance abuse. 		Juveniles 2DCA/1 Aug. 14, 2019
People v. Tirado
Penal Code Sections 12022.53(h) and 1385 provide trial courts discretion to strike or dismiss Section 12022.53 enhancements, but not to substitute enhancements not alleged for those actually alleged. 		Criminal Law and Procedure 5DCA Aug. 14, 2019
People v. Flores
Defendant's 'unprovoked headlong flight' in high crime area upon seeing police did not provide legal cause for investigatory detention. 		Criminal Law and Procedure 4DCA/3 Aug. 14, 2019
U.S. v. Nejad
Court may order forfeiture in the form of personal money judgment against defendant, and government may attempt to satisfy judgment with any substitute property it locates in the future. 		Criminal Law and Procedure 9th Aug. 14, 2019
U.S. v. Hernandez-Martinez
'Hughes v. United States' was not clearly irreconcilable with 'United States v. Padilla-Diaz', so 'Padilla-Diaz' remained binding precedent concerning the interplay between U.S.S.G. Section 1B1.10(b)(2)(A) and 18 U.S.C. Section 3582(c)(2). 		Criminal Law and Procedure 9th Aug. 14, 2019
In re NFL Sunday Ticket Antitrust Litigation
Plaintiffs' allegations of facts supporting their Sherman Antitrust Act Sections 1 and 2 claims were adequate to state a claim and survive defendants' motion to dismiss. 		Antitrust 9th Aug. 14, 2019
Mejia v. Merchants Building Maintenance
A single PAGA claim seeking recovery of civil penalty under Labor Code Section 558 may not be 'split' so as to require representative employee to arbitrate that aspect of the claim. 		Labor Law 4DCA/1 Aug. 14, 2019
U.S. v. Sainz
The government must expressly invoke defendant's 18 U.S.C. Section 3582(c)(2) waiver to avoid waiving it, and merely claiming it was silent and did not intend to waive waiver was insufficient. 		Criminal Law and Procedure 9th Aug. 13, 2019
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