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Name Category Published
Media Rights Technologies v. Microsoft
Claims arising from common nucleus of operative fact with claims in a prior action against the same defendant were barred by claim preclusion, but post-filing copyright infringement claims were not. 		Civil Procedure 9th May 3, 2019
Vazquez v. Jan-Pro Franchising Int'l
'Dynamex Operations West Inc. v. Superior Court' applies retroactively; thus, district court's order granting summary judgment to defendant was vacated and matter remanded to apply 'ABC test.' 		Employment Discrimination 9th May 3, 2019
U.S. v. Anieze-Smith
Medicare was directly harmed by defendant's conduct in course of her fraudulent scheme; thus, district court's conclusion that defendant was an active participant in entire fraudulent scheme was not clear error. 		Criminal Law and Procedure 9th May 3, 2019
People v. Bell
Denial of mistrial motions based on defendant's own courtroom misbehavior have been repeatedly upheld; thus, defendant's murder conviction affirmed. 		Criminal Law and Procedure CASC May 3, 2019
People v. Gonzales
After trial court and defense counsel declare doubt regarding defendant's competency, neither defendant nor counsel may withdraw such doubt, and a competency hearing must be held and criminal proceedings suspended. 		Criminal Law and Procedure 2DCA/6 May 3, 2019
People v. Morrison
If Welfare & Institutions Code Section 6601(d) evaluators initially disagree on sexually violent predator determination, but agree after peer review, the Department of State Hospitals must request a commitment petition be filed. 		Criminal Law and Procedure 2DCA/4 May 2, 2019
Khoury v. Godfrey
Order 		9th May 2, 2019
Preap v. Johnson
Order 		9th May 2, 2019
Taniguchi v. Restoration Homes
Under Civil Code Section 2924c, borrower can cure default of loan and reinstate loan by paying amount of the default, including fees and costs, rather than entire accelerated balance; thus, summary judgment reversed. 		Real Property 1DCA/2 May 2, 2019
People v. Superior Court (Alexander C.)
Senate Bill 1391 is consistent with and furthers the intent of Proposition 57; thus, the district attorney's petition for writ of mandate is denied. 		Criminal Law and Procedure 1DCA/4 May 2, 2019
Goldstein v. Cal. Unemployment Ins. Appeals Bd.
California Unemployment Insurance Appeals Board erred in finding disability benefits did not qualify as wages for Unemployment Insurance Code Section 1277(a)'s earnings requirement purposes, but error was not prejudicial here. 		Administrative Agencies 6DCA May 2, 2019
People v. Bolding
Prosecution proved that defendant had intent to facilitate criminal activity, through monetary instruments of $5,000 or more in criminally derived funds; thus, tracing commingled proceeds was not required. 		Criminal Law and Procedure 4DCA/3 May 2, 2019
People v. Cawkwell
Amendment eliminating eligibility for sex offenders to receive diversion was not ex post facto law; amendment occurred years after defendant committed offenses, thus, he could not have relied on diversion. 		Criminal Law and Procedure 4DCA/1 May 2, 2019
Muller v. Roy Miller Freight Lines, LLC
Where transportation worker plays 'integral role' in transporting goods through interstate commerce, FAA exemption applies though worker himself did not cross state lines. 		Arbitration 4DCA/3 May 2, 2019
People v. Accredited Surety & Casualty Co.
Failure to comply with procedural requirements of 'In re Humphrey' did not render bond void; nothing in 'Humphrey' relieves surety of its obligations under the bond once it has been executed. 		Criminal Law and Procedure 3DCA May 1, 2019
In re McGhee
Proposition 57 mandates parole consideration after inmates serve full term of primary offense; 'two-tiered' system disqualifying certain otherwise eligible-inmates does not comport with the proposition. 		Criminal Law and Procedure 1DCA/4 May 1, 2019
Brown v. Pacifica Foundation, Inc.
There is not an all-purpose definition of the term 'public office,' and analysis of context and intent is necessary to give the term meaning in a given situation. 		Corporations 1DCA/4 May 1, 2019
Amended Opinion: Idrees v. Barr
The court lacks jurisdiction and judicial review of a denial of certification for appeal is improper when the Board of Immigration bases its decision on its discretionary powers. 		Immigration 9th May 1, 2019
In re White
Approach taken under California's second degree felony murder rule was evidence-based on specific steps used to manufacture methamphetamine, which is different from categorical approach found unconstitutional in 'Johnson v. United States.' 		Constitutional Law 4DCA/2 May 1, 2019
Thacker v. Tennessee Valley Authority
16 U.S.C. Section 831c(b) is not subject to a discretionary function exception, and the Tennessee Valley Authority may generally be sued for personal injury claims. 		Immunity USSC Apr. 30, 2019
People v. Ramirez
To qualify as a dying declaration, statement must be made under the sense of immediate impending death; thus, the trial court did not err in denying admission of the victim's hospital record. 		Criminal Law and Procedure 2DCA/8 Apr. 30, 2019
In The Matter of 8SPEED8, Inc.
Bankruptcy court properly denied shareholder's request for statutory damages following dismissal of bankruptcy case; shareholder lacked standing to seek damages under 11 U.S.C. Section 303(i) because it was not the debtor. 		Bankruptcy 9th Apr. 30, 2019
Weil v. Citizens Telecom Servs. Co.
Former supervisor's statement claiming discrimination, made after her scope of employment changed, was not hearsay and thus was admissible against the employer as pretext evidence on failure-to-promote claim. 		Employment Discrimination 9th Apr. 30, 2019
People v. Sanchez
No abuse of discretion in trial court's finding that seven-year-old son of woman murdered was competent to testify; he understood difference between truth and lie and importance of telling the truth. 		Criminal Law and Procedure CASC Apr. 30, 2019
People v. Carter
Multiple punishments were justified under Penal Code Section 654 when it was reasonable to find defendant's objective in robbing victim was independent of his objective in murdering him. 		Criminal Law and Procedure 4DCA/1 Apr. 30, 2019
People v. Berg
Because trial court does 'not have jurisdiction to reopen or retry a case' after 'unqualified affirmance' of prior final judgment, it lacked jurisdiction to vacate its prior order granting habeas corpus petition. 		Criminal Law and Procedure 4DCA/1 Apr. 30, 2019
People v. Julian
Statistical probabilities go beyond the scope of the child sexual abuse accommodation syndrome theory; thus, the trial court erred in allowing expert witness to testify regarding statistical evidence. 		Criminal Law and Procedure 2DCA/6 Apr. 30, 2019
People v. Cruz
Peace officer's nonconsensual blood draw of defendant, who signed probation orders stating he must submit to chemical testing at a peace officer's request, did not violate defendant's Fourth Amendment rights. 		Criminal Law and Procedure 5DCA Apr. 29, 2019
Harry v. Ring the Alarm, LLC
Plaintiff was not expressly hired to manage the hazardous condition that injured him; thus, the firefighter's rule does not apply where the risk of injury was not inherent to the plaintiff's occupation. 		Torts 2DCA/4 Apr. 29, 2019
Tanimura & Antle Fresh Foods v. Salinas Union High School Dist.
In applying school impact fee applicable to residential development generally, district need not separately analyze or exclude from fee development project housing only adults. 		Government 6DCA Apr. 29, 2019
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