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Name Category Published
Ingenco Holdings v. Ace Amer. Ins. Co.
If an insured violates a condition precedent in a policy agreement, an insurer nonetheless may not deny coverage under the policy absent prejudice. 		Insurance 9th Apr. 16, 2019
Cal. Dept. of Social Services v. Marin
Foster care maintenance payment rate increases mandated by 'California State Foster Parent Assn. v. Lightbourne' do not apply retroactively to plaintiff's adopted children; thus, judgment granting petition for writ of mandate reversed. 		Government 2DCA/6 Apr. 16, 2019
People v. Hernandez
Senate Bill No. 620 does not apply retroactively to cases that become final, in order to assure that penal laws will maintain their desired deterrent effect. 		Criminal Law and Procedure 2DCA/6 Apr. 16, 2019
Dunn v. Price
Order 		USSC Apr. 15, 2019
People v. Dearborne
Pinning down a victim and pressing an object the victim believed to be a gun into her side constituted force underlying a conviction for forcible rape. 		Criminal Law and Procedure 4DCA/3 Apr. 15, 2019
U.S. v. Price
18 U.S.C Section 2244 does not require the government to prove beyond a reasonable doubt that the perpetrator subjectively knew the victim did not consent to sexual contact. 		Criminal Law and Procedure 9th Apr. 15, 2019
People v. Easter
Substantial evidence was presented that defendant was experiencing new and worsened symptoms constituting substantial change of circumstances in his mental condition; thus, trial court erred in failing to reinstate competency proceedings. 		Criminal Law and Procedure 1DCA/2 Apr. 15, 2019
Parker Drilling Mgmt. Services v. Newton
Order 		USSC Apr. 15, 2019
McDonough v. Smith
Order 		USSC Apr. 15, 2019
Fort Bend County, TX v. Davis
Order 		USSC Apr. 15, 2019
Dept. of Commerce, et al v. New York, et al
Order 		USSC Apr. 15, 2019
People v. Morrison
Courts have discretion to replace enhancements with lesser included enhancements, under Penal Code Section 12022.53(d). 		Criminal Law and Procedure 1DCA/5 Apr. 15, 2019
Scoggins (Willie) on H.C.
Order 		3DCA Apr. 12, 2019
Savea v. YRC Inc.
Employer listing its actual recorded fictitious business name and mailing address, omitting a mail stop code and ZIP+4 Code, fully complied with Labor Code Section 226(a)(8). 		Labor Law 1DCA/3 Apr. 12, 2019
People v. Edwards
Penal Code Section 3051(h) provides youthful-offender parole hearings even for first degree murderers who receive de facto life sentences but excludes One Strikers; thus, Section 3051(h) violates principles of equal protection. 		Criminal Law and Procedure 1DCA/4 Apr. 12, 2019
Subcontracting Concepts (CT), LLC v. De Melo
Due to numerous unconscionable provisions, the trial court did not abuse its discretion when it deemed the entire employee arbitration agreement unenforceable. 		Employment Law 1DCA/2 Apr. 12, 2019
U.S. v. Lozoya
Assault on commercial flight occurred before entering Central District of California's airspace and 18 U.S.C. Section 3237(a) pertains to offenses involving transportation in interstate commerce or foreign commerce; thus, venue was improper. 		Civil Procedure 9th Apr. 12, 2019
People v. Lara
Proposition 47's ameliorative provisions did not apply to a Vehicle Code Section 10851(a) conviction for post-theft driving because the offense is a felony regardless of the value of property stolen. 		Criminal Law and Procedure 4DCA/2 Apr. 12, 2019
Modification: People v. Westerfield
Absent evidence that a jury was materially affected by the publicity and interest that a case generates, a court does not abuse its discretion by denying a motion for jury sequestration. 		Criminal Law and Procedure CASC Apr. 12, 2019
In re Caden C.
No reasonable court could have concluded that a compelling justification had been made for forgoing adoption under beneficial relationship exception; thus, judgment was reversed. 		Dependency 1DCA/4 Apr. 11, 2019
People v. Stamps
Remand necessary for trial court, under Senate Bill No. 1393, to exercise newly-granted discretion to consider whether to strike a Penal Code Section 667(a)(1) enhancement contained in defendant's plea bargain. 		Criminal Law and Procedure 1DCA/4 Apr. 11, 2019
Diaz v. Sohnen Enterprises
An at-will employee who continues to work after the employer has given notice of changed terms or conditions of employment has accepted the changed terms and conditions. 		Employment Law 2DCA/7 Apr. 11, 2019
TransparentGov Novato v. City of Novato
Trial court properly rejected plaintiff's claim against City alleging violation of Brown Act because City responded with unconditional commitment to cease, desist from, and not repeat the past action. 		Government 1DCA/1 Apr. 11, 2019
Dudek v. Dudek
Once a donative transfer is executed by the owner of a life insurance policy, the transferee owns the policy; thus, the trial court erred in finding that a trust did not exist. 		probate_and_trusts 4DCA/1 Apr. 11, 2019
Modification: In re Caden C.
Modification 		1DCA/1 Apr. 11, 2019
People v. Corrigan
The exception for multiple convictions of necessarily included offenses does not apply to Penal Code Sections 452(b) and (c), as these subdivisions set forth two different offenses. 		Criminal Law and Procedure 1DCA/1 Apr. 10, 2019
Sonoma Media Investments, LLC v. Superior Court
Anti-SLAPP motion should have been granted as to all causes of action because plaintiffs failed to make a prima facie showing of falsity. 		Anti-SLAPP 1DCA/5 Apr. 10, 2019
Modification: Long v. Forty-Niners Football Co., LLC
Plaintiff who voluntarily dismissed his state case just before trial in favor of ultimately unsuccessful federal litigation may not claim equitable tolling to bring a duplicative action in state court. 		Civil Procedure 1DCA/4 Apr. 10, 2019
Modification: Sonoma Media Investments, LLC v. Superior Court
Modification 		Anti-SLAPP 1DCA/5 Apr. 10, 2019
People v. Superior Court (Jones)
Prosecution's jury selection notes are discoverable by habeas counsel, where notes were referenced as including neutral basis for strike in 'Batson/Wheeler' hearing. 		Criminal Law and Procedure 4DCA/1 Apr. 10, 2019
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