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Name Category Published
In re Rogers
Petitioner was entitled to habeas corpus relief because material false evidence was presented at his trial, namely that witness testified falsely both in her identification of petitioner and concerning circumstances surrounding it. 		Criminal Law and Procedure CASC Jul. 16, 2019
Quigley v. Garden Valley Fire Protection Dist.
Government Code Section 850.4 immunity is not jurisdictional, but rather operates as an affirmative defense and must be adequately pleaded as such. 		Government CASC Jul. 16, 2019
People v. Marsh
Defendant 'used' victim's own vehicle as a deadly weapon which was 'likely to produce death or great bodily injury' when defendant purposely severed both of its brake lines. 		Criminal Law and Procedure 4DCA/1 Jul. 16, 2019
People v. Sexton
Reasonable jurors would not understand CALCRIM No. 850 to mean that if they found characteristics of intimate partner battering satisfied, then the alleged victim was necessarily telling the truth. 		Criminal Law and Procedure 4DCA/1 Jul. 16, 2019
Bottinelli v. Salazar
Congress provided 'clear direction' in First Step Act of 2018 to delay the implementation of good time credit amendment until Attorney General establishes the 'risk and needs assessment system.' 		Criminal Law and Procedure 9th Jul. 16, 2019
In re Michael Younessi
Modified confirmation order's changes were not housekeeping matters, but rather of great significance; thus, the modification reset 180-day deadline for creditor to seek revocation of debtor's chapter 11 plan confirmation. 		Bankruptcy BAP Jul. 15, 2019
Oxford Preparatory Academy v. Chino Valley Unified School Dist.
District's administrative decision was quasi-adjudicatory because review of plaintiff's renewal petition required application of standards set by existing statutes and regulations, and no new policy was crafted for future application. 		Administrative Agencies 4DCA/1 Jul. 15, 2019
In re J.S.
Juvenile forfeited constitutional objections to probation conditions that permitted searches of his electronic devices by not raising claims in trial court and claims were not facial overbreadth challenges warranting review. 		Juveniles 4DCA/1 Jul. 15, 2019
City of Los Angeles v. William Barr
Department's inclusion of immigration-related scoring factors in implementing Community Oriented Policing Services grant program was within its authority to carry out the Public Safety Partnership and Community Policing Act of 1994. 		Government 9th Jul. 15, 2019
Universal Cable v. Atlantic Specialty Ins.
District court erred in holding that war exclusion in television production insurance policy should be understood in its plain and ordinary sense instead of applying special meaning of terms in insurance context. 		Insurance 9th Jul. 15, 2019
People v. Bay
In order to be found guilty of possession of burglary tools under California Penal Code Section 466, the defendant must actually possess the prohibited items. 		Criminal Law and Procedure 1DCA/1 Jul. 12, 2019
Blaser v. State Teachers' Retirement System
Under continuous accrual theory, CalSTRS could assert claims to recoup overpayments accruing three years prior to filing of this action. 		Administrative Agencies 6DCA Jul. 12, 2019
Baker-Smith v. Skolnick
An excuse jury instruction under theory of negligence per se is improper unless special circumstances exist; legal error warranted reversal of judgment. 		Torts 2DCA/8 Jul. 12, 2019
Johnson & Johnson Talcum Powder Cases
Substantial evidence supported jury's finding that defendant breached duty to warn of risks of ovarian cancer from genital talc use; thus, judgment notwithstanding the verdict partially reversed. 		Torts 2DCA/3 Jul. 12, 2019
Hernandez v. First Student, Inc.
Evidence of a parent's drug use, and how it relates to her relationship with her child, was relevant in determining the damages awarded in wrongful death cause of action. 		Torts 2DCA/8 Jul. 12, 2019
People v. Maya
Order 		2DCA/6 Jul. 12, 2019
Monster Energy Company v. Schechter
Factfinder could reasonably conclude attorney agreed to be bound by extensive confidentiality provisions referring to parties and their counsel in settlement agreement by signing under notation 'APPROVED AS TO FORM AND CONTENT.' 		Anti-SLAPP CASC Jul. 12, 2019
U.S. v. Phillips
A murder-for-hire agreement need not comport with contract rules and promising forgiveness of a debt was sufficient consideration to support the pecuniary value requirement of 18 U.S.C. Section 1958. 		Criminal Law and Procedure 9th Jul. 12, 2019
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. 12, 2019
Nehad v. Browder
Triable issues remained regarding reasonableness of police officer's use of deadly force; thus, district court's grant of summary judgment reversed. 		Civil Rights 9th Jul. 12, 2019
Menendez-Gonzalez v. Barr
Court lacks jurisdiction to review decision by Board of Immigration Appeals not to exercise its 'sua sponte' authority to reopen removal proceedings except when reviewing reasoning behind decisions for legal or constitutional error. 		Immigration 9th Jul. 12, 2019
State of California v. Azar
Order 		9th Jul. 12, 2019
Crump v. Superior Court
There was no evidence to establish that defendant's failure to report gas leak for three days was substantial factor in causing harm; thus, matter remanded on whether petitioners can prove damages. 		Remedies 2DCA/8 Jul. 11, 2019
In re Dale Norman Harms
Declaration produced by assignee of beneficial interest under deed of trust established that assignee, through agents, held original promissory note establishing assignee's standing to seek relief from automatic stay. 		Bankruptcy BAP Jul. 11, 2019
M.L. v. Superior Court
Even though Section 388 of the Welfare and Institutions Code is not the most appropriate means to modify a disposition order, it was nevertheless upheld to prevent injustice. 		Juveniles 1DCA/1 Jul. 11, 2019
U.S. v. Carey
Under 36 C.F.R. Section 2.17(a)(3)'s permit exception, defendant bore the burden of proof that he was permitted to BASE jump; thus, conviction affirmed. 		Criminal Law and Procedure 9th Jul. 11, 2019
Civil Beat Law Center v. Centers for Disease Control and Prevention
Defendant failed to explain how disclosing identity or location of entity involved in regulatory violations endangered public safety when that information was already public; thus, district court erred in granting summary judgment. 		Administrative Agencies 9th Jul. 11, 2019
Hernandez v. Enterprise Rent-A-Car Co. of S.F.
No triable issue regarding defendant's liability as a successor in interest of rental car company, because rental car company's asset sale did not destroy plaintiff's remedies against it. 		Torts 1DCA/4 Jul. 10, 2019
U.S. v. Briones
District court's resentencing analysis under 'Miller v. Alabama' overly focused on defendant's past juvenile criminal conduct, rather than defendant's improvement efforts while incarcerated for life without the possibility of parole. 		Juveniles 9th Jul. 10, 2019
U.S. v. Evans
To prevail on a Medical Use of Cannabis Act defense, defendant must prove he is a 'designated provider' or 'qualifying patient,' and that he possesses no more marijuana than authorized. 		Criminal Law and Procedure 9th Jul. 10, 2019
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