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Name Category Published
Center for Biological Diversity v. CA Dept. of Conservation
Public Resources Code Section 3161(b)(3)(B)(ii) reflects legislative intent to limit scope of environmental impact report to well stimulation treatments only; thus, appellant's writ of mandate petition properly denied. 		Environmental Law 3DCA Jun. 19, 2019
Raney v. Cerkueira
Automatic restraining order pursuant to Family Code Section 2040 allows elimination of right of survivorship but notice is required, so spouse could file or serve notice of severance before or after recording. 		Real Property 1DCA/5 Jun. 19, 2019
Swanson v. County of Riverside
In order to succeed on an anti-SLAPP motion, the action must primarily arise from protected speech or petitioning activity; thus, anti-SLAPP motion did not apply. 		Anti-SLAPP 4DCA/1 Jun. 19, 2019
Orozco v. WPV San Jose, LLC
When a contract is obtained by fraud, a party is entitled to rescission even if they do not suffer individual pecuniary damages. 		Civil Procedure 6DCA Jun. 19, 2019
Modification: People v. Montiel
The plain language and structure of Penal Code Section 1202.4(k)(3) led to conclusion that parents of children who are sexually abused may be awarded restitution for noneconomic losses. 		Criminal Law and Procedure 1DCA/1 Jun. 19, 2019
Hoag Memorial Hospital Presbyterian v. Kent
Administrative appeal was untimely because it was filed past 60 days of receipt of the Department of Health Care Services' audit report and did not relate back to appellant's initial appeal. 		Administrative Agencies 1DCA/3 Jun. 19, 2019
U.S. Herrold
Order 		USSC Jun. 19, 2019
Klein v. OR Bureau of Labor & Industries
Order 		USSC Jun. 19, 2019
Richardson v. U.S.
Order 		USSC Jun. 19, 2019
Amended Opinion: Rojas v. FAA
The FAA did not show that it conducted a search reasonably calculated to uncover all relevant documents in response to plaintiff's request; thus, the district court erred in granting summary judgment. 		Government 9th Jun. 19, 2019
Martinez v. Ryan
Arizona Supreme Court applied an unconstitutional causal nexus test under 'Eddings v. Oklahoma' but appellant was not prejudiced by constitutional error; thus, denial of writ of habeas corpus affirmed. 		Criminal Law and Procedure 9th Jun. 19, 2019
San Diego Gas & Electric Co. v. San Diego Regional Water
Under Water Code Section 13304, Regional Board was not required to apply substantial factor test to nuisance creation element; thus, substantial evidence supported finding that appellant created pollution or nuisance. 		Water Rights 4DCA/1 Jun. 19, 2019
Virginia House of Delegates v. Bethune-Hill
Virginia House of Delegates lacked standing to appeal district court's order because it had no authority or responsibility to litigate the State's interests and lacked standing in its own right. 		Civil Procedure USSC Jun. 18, 2019
Gamble v. United States
Dual sovereignty doctrine, under which two offences are not the same offences in double jeopardy analysis if prosecuted by separate sovereigns, should not be overturned. 		Criminal Law and Procedure USSC Jun. 18, 2019
Virginia Uranium, Inc. v. Warren
Atomic Energy Act contains no provision preempting state law; thus, it does not preempt Virginia's law banning uranium mining. 		Constitutional Law USSC Jun. 18, 2019
Manhattan Community Access Corp. v. Halleck
Operating public access channels on a cable system was not a traditional, exclusive public function; thus, petitioner was not a state actor subject to the First Amendment. 		Constitutional Law USSC Jun. 18, 2019
FTC v. Preferred Law
Showing of irreparable harm was not required to obtain injunctive relief when such relief was sought in conjunction with a statutory enforcement action where applicable statute authorized injunctive relief. 		Administrative Agencies 9th Jun. 18, 2019
People v. Polk
Sufficient evidence existed justifying the jury's conclusion that the elements of possession of methamphetamine under Penal Code Section 4573.6 were proven beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Jun. 18, 2019
Greiner v. Keller
Family Code Section 4062 requires trial court to order award for childcare costs related to parent's reasonably necessary education or training to secure fully self-supporting employment; thus, denial of request reversed. 		Family Law 1DCA/3 Jun. 18, 2019
Conger v. County of Los Angeles
Under Government Code Section 3304(b), evaluation of merit is not limited to merits of an officer's performance solely during probationary period; thus, petitioner not entitled to administrative appeal. 		Government 2DCA/1 Jun. 18, 2019
Kennedy v. Superior Court (City and County of San Francisco)
Opinion 		1DCA/4 Jun. 18, 2019
Doe v. Superior Court
Rule 4.2 of the California State Bar Rules of Professional Conduct not violated when attorney's purpose for ex parte communication was to gather relevant evidence provided by an employee against an organizational defendant. 		Attorneys 4DCA/1 Jun. 17, 2019
Karnoski v. Trump
District court's order striking President's motion to dissolve preliminary injunction vacated because new policy was significantly different from prior memorandum in both its creation and its specific provisions. 		Civil Rights 9th Jun. 17, 2019
People v. McShane
Jury instruction for voluntary manslaughter under a heat of passion theory must have sufficient evidence of adequate provocation; thus, mere automobile theft and 'cooling off' period rendered evidence insufficient. 		Criminal Law and Procedure 4DCA/2 Jun. 17, 2019
United Grand Corp. v. Malibu Hillbillies, LLC
Appellant's briefs generally lacked cogent legal argument, legal authority, and proper citations, and sufficient evidence supported the judgment and order of dismissal based on joint misconduct by attorney and client. 		Civil Procedure 2DCA/8 Jun. 14, 2019
Marriage of Benner
Plaintiff's petition to join court-appointed expert and provide notice of the trial court's intent to determine reasonableness of the expert's fees did not state cause of action against the expert. 		Anti-SLAPP 4DCA/1 Jun. 14, 2019
People v. Caro
Because jury would not have reached a different result had the court excluded challenged statements under 'Miranda v. Arizona,' admission was harmless; thus, death sentence affirmed. 		Criminal Law and Procedure CASC Jun. 14, 2019
Bartlett v. Nieves
Order 		9th Jun. 14, 2019
Kirkpatrick v. Chappell
Although allowing jury to consider defendant's poisoning of dogs at penalty phase was error, jury still would have found that aggravating circumstances outweighed mitigating circumstances; thus, death sentence affirmed. 		Criminal Law and Procedure 9th Jun. 14, 2019
Duguid v. Facebook
Telephone Consumer Protection Act's exception for calls 'made solely to collect a debt owed to or guaranteed by the United States' was content-based and violated First Amendment; thus, exception severed. 		Constitutional Law 9th Jun. 14, 2019
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