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Name Category Published
In re A.M.
Department of Juveniles Facilities official's testimony provided substantive evidence to support juvenile court's finding of a probable benefit to minor from a Department of Juveniles Facilities commitment. 		Juveniles 1DCA/5 Aug. 8, 2019
Smith v. Ogbuehi
Trial court failed to exercise its discretionary authority by finding it lacked authority to appoint counsel for unrepresented prisoner-litigant; thus, remand was necessary for analysis under 'Wantuch v. Davis' and 'Apollo v. Gyaami.' 		Civil Rights 5DCA Aug. 8, 2019
Modification: 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 Aug. 8, 2019
Barclay Hollander Corp. v. Cal. Regional Water Quality Control
Because no Water Code provision provided for the Administrative Procedure Act to apply, appellant's challenge to the Water Board's determination based on the APA failed. 		Administrative Agencies 2DCA/3 Aug. 8, 2019
Agua Caliente Tribe v. Sweeney
District court properly refused to compel Assistant Secretary of Indian Affairs to place tribe on list of federally recognized tribes published in Federal Register because tribe failed to exhaust administrative process. 		Native American Affairs 9th Aug. 8, 2019
Palm Finance Corp. v. Parallel Media LLC
A foreign court order for a monetary judgment is presumptively authenticated and admissible if it is from a nation recognized by the United States and contains a legitimate court seal. 		Evidence 2DCA/8 Aug. 8, 2019
In re Agneta Dobos
Because judgment in favor of appellants expired long before they filed their adversary proceeding, they can no longer enforce the debt. 		Bankruptcy BAP Aug. 7, 2019
P. v. Superior Court (I.R.)
Murder charge against real party in interest allegedly committed when he was 15-years-old cannot be transferred to criminal court based on separate felony offense he committed when he was 17. 		Juveniles 5DCA Aug. 7, 2019
People v. Jefferson
Defendant was ineligible for mental health diversion under Penal Code Section 1001.36 because the trial court clearly indicated it did not believe defendant's alleged mental disorder influenced his criminal acts. 		Criminal Law and Procedure 5DCA Aug. 7, 2019
People v. Gutierrez-Salazar
Because jury found true a felony-murder special circumstance which tracks language of Senate Bill 1437 and the new felony-murder statutes, any potential instructional error would be harmless. 		Criminal Law and Procedure 5DCA Aug. 7, 2019
In re Frank Jakubaitis
Plaintiffs' deposition questions regarding debtor's diagnoses and the purpose of his medications were within the scope of the psychotherapist-patient privilege. 		Bankruptcy BAP Aug. 6, 2019
In re Gwendolyn Washington
Bankruptcy court improperly concluded creditor's unsecured claim was automatically an allowed claim in chapter 13 case after valuing creditor's secured claim at zero, despite the unsecured claim being unenforceable against debtor. 		Bankruptcy BAP Aug. 6, 2019
People v. Pierce
Trial court did not commit prejudicial error when it refused to strike reference to Penal Code Section 550(a)(5) from conspiracy charge as mere surplusage. 		Criminal Law and Procedure 5DCA Aug. 6, 2019
People v. Calhoun
Evidence Code Section 1161(b) refers to any sexual conduct before victim's trial testimony, and bars evidence of victim's prostitution after defendant's arrest that is offered for credibility or impeachment purposes. 		Evidence 4DCA/3 Aug. 6, 2019
State Farm Mutual Automobile Insurance Company v. Mizuno
Order 		9th Aug. 6, 2019
Sheen v. Wells Fargo Bank, N.A.
Lenders owe no common law duty to offer, consider, or approve loan modifications, so plaintiff's negligence claim was properly dismissed. 		Torts 2DCA/8 Aug. 6, 2019
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 Aug. 6, 2019
Scott v. City of San Diego
Amended Government Code Section 12965(b) merely clarified, rather than changed, existing law, and applied in this case to warrant reversal of the trial court's cost award. 		Civil Procedure 4DCA/1 Aug. 5, 2019
People v. Abdullah
Trial court did not recall defendant's sentence under Penal Code Section 1170(d)(1), so resentencing him as if he had not previously been sentenced was not necessary. 		Criminal Law and Procedure 2DCA/1 Aug. 5, 2019
Lacayo v. Catalina Restaurant Group Inc.
Trial court's order leaving decision on classwide arbitration to the arbitrator was not appealable, and the parties' arbitration agreement contained a specific exemption for unfair competition claims. 		Arbitration 4DCA/2 Aug. 5, 2019
People v. Hernandez
Petitioner qualified for reclassification of burglary conviction as misdemeanor shoplifting given the facts underlying the offense, which dictated he could only be charged with shoplifting, not burglary, under Proposition 47. 		Criminal Law and Procedure 4DCA/2 Aug. 5, 2019
Lee v. Dept. of Parks and Recreation
Stone stairway on which plaintiff fell was at least an integral part of a trail, affording defendant immunity under Government Code Section 831.4, but award of defense costs was improper. 		Government 1DCA/4 Aug. 5, 2019
Page v. King
Petitioner's claim satisfied the irreparable harm exception of 'Arevalo v. Hennessy' to 'Younger' abstention, so remand was necessary for the district court to consider the merits of petitioner's claim. 		Civil Rights 9th Aug. 5, 2019
Flores-Vega v. Barr
Petitioner committed crime of violence supporting removability, and although the BIA applied an incorrect legal standard, petitioner failed to establish eligibility for withholding of removal or Convention Against Torture protection. 		Immigration 9th Aug. 5, 2019
Doğan v. Barak
Foreign official immunity not abrogated by Torture Victim Protection Act. 		International Law 9th Aug. 5, 2019
People v. Pearson
Record did not affirmatively establish the trial court failed to consider factors it must consider, so it did not abuse its discretion by denying defendant's request to strike firearm enhancement. 		Criminal Law and Procedure 2DCA/1 Aug. 2, 2019
People v. Kopp
Properly instructed jury would have only found a single conspiracy when case involved same coconspirators, prosecution offered same overt acts, and relied on same evidence; thus, one count of conspiracy was reversed. 		Criminal Law and Procedure 4DCA/1 Aug. 2, 2019
Hubbard v. Coastal Commission
Despite intentional misrepresentations in coastal development permit application, substantial evidence supported the Coastal Commission's determination that complete information would not have changed its ruling on the application. 		Environmental Law 2DCA/4 Aug. 2, 2019
In re C.M.
Family Code Section 3044, which creates a presumption that joint legal custody is not in the child's best interest if domestic violence is present, does not apply to dependency hearings. 		Juveniles 2DCA/5 Aug. 2, 2019
Ranch at the Falls LLC v. O'Neal
Trial court erroneously entered quiet title judgment despite plaintiff's failure to join indispensable parties to the litigation, and plaintiff's express, prescriptive and equitable easement claims failed. 		Real Property 2DCA/8 Aug. 2, 2019
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