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Name Category Published
Bucklew v. Precythe
Eighth Amendment 'does not guarantee a prisoner a painless death;' where prisoner's suggested execution alternative is not 'feasible' and 'readily implemented,' it cannot provide basis for relief. 		Constitutional Law USSC Apr. 2, 2019
People v. Weir
Penal Code Section 530.5(c)'s identity theft provision not subject to reclassification under Proposition 47; Section 490.2's petty theft provision only reclassifies theft offenses, and violation of Section 530.5(c) is a nontheft offense. 		Criminal Law and Procedure 4DCA/1 Apr. 2, 2019
Rel v. Pacific Bell Mobile Services
The death knell doctrine does not apply to a pretrial order that does not qualify as a trial for Code of Civil Procedure Section 583.310 purposes. 		Civil Procedure 1DCA/5 Apr. 2, 2019
Estate of Herzog
Code of Civil Procedure Section 1930 states that in order for the mark on a document to be an official 'seal,' it must include a signature by a public official. 		probate_and_trusts 4DCA/2 Apr. 2, 2019
Mesa RHF Partners v. City of Los Angeles
Under Code of Civil Procedure Section 664.6 court may retain jurisdiction to enforce settlement if request is made by parties themselves; thus, trial court was without jurisdiction when counsel made such request. 		Civil Procedure 2DCA/1 Apr. 2, 2019
Bravo v. RADC Enterprises, Inc.
The choice-of-law clause in an arbitration agreement that states "the laws of the State of California will apply" is consistent with the parties' intent to arbitrate all disputes. 		Employment Law 2DCA/8 Apr. 2, 2019
People v. Chamagua
Where law enforcement officers 'simply ask questions,' consensual encounter does not implicate Fourth Amendment. 		Constitutional Law 2DCA/8 Apr. 2, 2019
Wright v. County of San Mateo
Although plaintiffs formed LLC to enable construction loan, for purposes of Revenue and Taxation Code Section 69.5, plaintiffs' replacement dwelling was 'newly constructed' by plaintiffs, not LLC; thus, summary judgment reversed. 		Tax 1DCA/4 Apr. 2, 2019
Walnut Creek Police Officers' Assn. v. City of Walnut Creek
Order 		1DCA/4 Apr. 2, 2019
Amended Opinion: Martin v. City of Boise
The Eighth Amendment's prohibition on cruel and unusual punishment bars city from prosecuting individuals criminally for sleeping outside on public property where said individuals have no home or available shelter elsewhere. 		Constitutional Law 9th Apr. 2, 2019
Sanchez v. Barr
Order 		9th Apr. 2, 2019
Zakaryan v. The Men's Warehouse, Inc.
No portion of a Private Attorneys General Act claim is "private" and PAGA claims cannot be split into separate claims for underpaid wages and for per-pay-period penalties. 		Employment Law 2DCA/2 Apr. 1, 2019
JPMorgan Chase Bank, N.A. v. Ward
Although defendant did not indicate his signing capacity, deed of trust conveyed good title to property; thus, judgment was reversed. 		Real Property 4DCA/1 Apr. 1, 2019
Wade v. Superior Court
Principles behind military diversion and purpose of Penal Code Section 1001.80 are rehabilitative, irrespective of misdemeanor charged; thus, defendant may be suitable for placement in military diversion program. 		Criminal Law and Procedure 6DCA Apr. 1, 2019
Jackpot Harvesting, Inc. v. Applied Underwriters, Inc.
A collateral agreement materially modifying the dispute resolution terms of an insurance policy must be submitted along with the policy for regulatory approval under Insurance Code Section 11658. 		Insurance 6DCA Apr. 1, 2019
In re J.C.
While probation officer has supervision and control over minors, juvenile court retains ultimate authority to determine whether and when minors successfully complete programs; thus, disposition order did not delegate authority to probation officer. 		Juveniles 1DCA/5 Apr. 1, 2019
People v. Warren
The Supreme Court has recognized that the crime of indecent exposure invariably entails no physical aggression or even contact; thus, trial court erred in denying defendant's petition. 		Criminal Law and Procedure 2DCA/6 Apr. 1, 2019
People v. Salinas-Jacobo
Discharge of a juror for misconduct requires the trial court set forth its reasoning relying on evidence that supports its conclusions that the juror could not perform. 		Criminal Law and Procedure 1DCA/2 Apr. 1, 2019
Connelly v. Bornstein
Code of Civil Procedure section 340.6, governs malicious prosecution claims against attorneys who perform professional services in the underlying litigation. 		Attorneys 1DCA/5 Apr. 1, 2019
People v. Morales
Because trial court reviewed an ambiguous record of defendant's convictions in order to find true prior strike allegations against him, it violated his constitutional right to a jury trial; thus, matter was remanded. 		Criminal Law and Procedure 1DCA/4 Apr. 1, 2019
Chen v. Berenjian
Litigation privilege does not extend to levying on property pursuant to a scheme to defeat a creditor's rights, violating the Uniform Voidable Transactions Act, because such conduct is not communicative. 		Civil Procedure 4DCA/3 Apr. 1, 2019
Molinaro v. Molinaro
Piece of restraining order forbidding Facebook posts about divorce are unconstitutionally overbroad prior restraints. 		Family Law 2DCA/3 Apr. 1, 2019
In re C.W.
Finding a child is at risk in a parent's custody and yet ordering the child placed with that parent is abuse of discretion, thwarts purpose of dependency juvenile courts. 		Dependency 1DCA/2 Apr. 1, 2019
Americans For Prosperity Foundation v. Becerra
Order 		9th Apr. 1, 2019
People v. Wilson
Admission of statistical evidence as to rarity of false sexual assault allegations inadmissible, because not helpful to jury regarding specific allegation at issue. 		Criminal Law and Procedure 1DCA/4 Mar. 29, 2019
Marriage of Brooks
Substantial evidence supported trial court's finding that contributions of others, rather than Husband's contributions, caused increase in business's value after date of marriage; thus, 'Van Camp' apportionment method was properly applied. 		Family Law 6DCA Mar. 29, 2019
Valdez v. Seidner-Miller, Inc.
Correction offer under Civil Code Section 1782(b) that would bar claims not subject to Consumer Legal Remedies Act notice requirements, and was conditioned on unilateral subjective determinations, was inappropriate. 		Consumer Law 2DCA/7 Mar. 29, 2019
Johnson v. Raytheon Co.
An independent contractor's employee who suffers a work-related injury and seeks recovery from the contractor's hirer must meet either the *Hooker* or *Kinsman* exception to *Privette*. 		Employment Law 2DCA/8 Mar. 29, 2019
Farmers & Merchants Trust Co. v. Vanetik
A contract will be enforced if it is sufficiently definite for the court to ascertain the parties' obligations and to determine if those obligations have been performed or breached. 		Contracts 4DCA/3 Mar. 29, 2019
Donohue v. AMN Services
Order 		4DCA/1 Mar. 29, 2019
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