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Name Category Published
CA Dept. of Finance v. City of Merced
A party who fails to plead affirmative defenses in its initial answer waives those defenses; thus, the trial court properly declined consideration of the validity of the merits. 		Civil Procedure 3DCA Mar. 26, 2019
James Steinle v. City and County of San Francisco
Negligence claim against City regarding woman shot and killed by undocumented alien with criminal record was barred; policy change of providing information to ICE was discretionary act insulated from liability. 		Immunity 9th Mar. 26, 2019
Bevis v. Terrace View Partners, LP
If no rent control ordinance applies to a property, its owner generally cannot be held civilly liable for charging rent or increasing rent expressly allowed under the parties' lease agreement. 		Real Property 4DCA/1 Mar. 25, 2019
Troiano v. U.S.
District court did not abuse its discretion by correcting defendant's sentence only as to the affected count of his multi-count conviction; decision to unbundle sentencing package lies within court's discretion. 		Criminal Law and Procedure 9th Mar. 25, 2019
Henderson v. United Student Aid Funds
Lenders of student loans may be held vicariously liable for Telephone Consumer Protection Act violations of third party callers; thus, the district court erred in denying summary judgment. 		Business Law 9th Mar. 25, 2019
U.S. v. Jauregui
Defendant's admission that it was 'reasonably foreseeable' that the controlled substance he was transporting may be methamphetamine did not permit the district court to sentence him for conspiracy to import methamphetamine. 		Criminal Law and Procedure 9th Mar. 25, 2019
Nieto v. Fresno Beverage Co.
A delivery driver working exclusively intrastate, but whose deliveries are part of a continuous flow of interstate commerce, qualifies for the Federal Arbitration Act's Section 1 exemption. 		Labor Law 5DCA Mar. 25, 2019
People v. Hargis
Proposition 57 applies to all juveniles whose cases were filed directly in adult court and whose convictions were not final at the time of enactment. 		Juveniles 5DCA Mar. 22, 2019
Paradise Irrigation Dist. v. Commission on State Mandates
Water and Irrigation Districts possess statutory authority to levy fees to pay for any water service improvements; thus, under Government Code Section 17556(d), subvention is not available to Water and Irrigation Districts. 		Water Rights 3DCA Mar. 22, 2019
Herriott v. Herriott
Welfare and Institutions Code Section 15657.03 allows an abused elder to seek exclusion of a party from petitioner's dwelling, but 'dwelling' refers to petitioner's apartment, rather than petitioner's apartment building. 		statutory_interpretation 2DCA/8 Mar. 22, 2019
Retired Oakland Police v. Oakland Police and Fire
Requirement that an officer be assigned to patrol division to receive master police officer-terrorism pay compels the conclusion that MPO pay is not attached to the officer's rank; thus, trial court erred. 		Government 1DCA/4 Mar. 22, 2019
Chemehuevi Indian Tribe v. Newsom
Indian Gaming Regulatory Act permits tribes and states to negotiate duration of compact governing the conduct of tribe's class III gaming activities; thus, termination provision in compact was not void. 		Native American Affairs 9th Mar. 22, 2019
U.S. v. Cooley
The exclusionary rule applies to suppress evidence seized in violation of Section 1302(a)(2) of the Indian Civil Rights Act of 1968, which parallels the Fourth Amendment. 		Native American Affairs 9th Mar. 22, 2019
People v. Maya
Compliance with prison regulations in an institutional setting does not satisfy the requirement for an 'honest and upright life' provided by Penal Code Section 1203.4a. 		Criminal Law and Procedure 2DCA/6 Mar. 22, 2019
Obduskey v. McCarthy & Holthus LLP
Law firm engaged in no more than nonjudicial foreclosure proceedings is not a 'debt collector' under Fair Debt Collection Practices Act; thus, act's other requirements did not apply. 		Real Property USSC Mar. 21, 2019
Frank v. Gaos
'Spokeo' standard that 'concrete injury' is required for standing even in context of statutory violation requires remand of class action suit over Stored Communication Act violations. 		Constitutional Law USSC Mar. 21, 2019
Barenborg v. Sigma Alpha Epsilon Fraternity
The special relationship exception for duty of care does not apply for a negligence cause of action between a national fraternity and its local chapters 		Torts 2DCA/4 Mar. 21, 2019
Marriage of C.T. and R.B.
Courts considering changing physical custody of a child shall consider factors stated in *In re Marriage of LaMusga* and decline relocation if it is not in the child's best interest. 		Family Law 4DCA/2 Mar. 21, 2019
Jarvis v. Jarvis
Disqualification of attorney representing partnership affirmed; attorney was paid and directed by one partner, his representation may not be in the best interests of Partnership, and he may unnecessarily deplete assets. 		Attorneys 6DCA Mar. 21, 2019
People v. Medina
"Kill zone" jury instructions are inappropriate when defendant lacked a primary target and did not specifically intend to kill everyone in the area around that target to ensure his death. 		Criminal Law and Procedure 2DCA/1 Mar. 21, 2019
Herrera v. City of Palmdale
Because state nuisance enforcement action brought by City was a civil enforcement proceeding akin to criminal prosecutions, abstention in an action brought pursuant to 42 U.S.C. Section 1983 was proper. 		Civil Rights 9th Mar. 21, 2019
Jessop v. City of Fresno
The Fourth and Fourteenth Amendment do not apply when there is theft by city officers who execute a valid search warrant and have qualified immunity 		Civil Rights 9th Mar. 21, 2019
Duran-Rodriguez v. Barr
Two death threats, without concrete action and allowing recipient's relocation within Mexico, were insufficient to establish past persecution, fear of future persecution, or qualification for relief under the Convention Against Torture. 		Immigration 9th Mar. 21, 2019
Ione Valley Land, Air, and Water etc. v. County of Amador
Where issues with original environmental impact report were or could have been litigated in initial challenge, such issues are precluded by res judicata from being re-raised against revised report. 		Environmental Law 3DCA Mar. 21, 2019
Washington State Dept. of Licensing v. Cougar Den, Inc.
The Yakama Treaty of 1855 created a right for Yakama Nation members to be exempt from state taxes on off-reservation commercial activity making use of public highways. 		Native American Affairs USSC Mar. 20, 2019
Nielsen v. Preap
Adverb cannot modify noun; thus mandatory detention provision applies to individuals apprehended by DHS years after their release relating to qualifying predicate offenses. 		Immigration USSC Mar. 20, 2019
Air & Liquid Systems Corp. v. DeVries
In maritime tort context, manufacturer has duty to warn when manufacturer's product requires later incorporation of dangerous part, such as asbestos, in order for integrated product to function as intended. 		Maritime Law USSC Mar. 20, 2019
Martinez-Cedillo v. Barr
Order 		9th Mar. 20, 2019
Phongmanivan v. Haynes
Order 		9th Mar. 20, 2019
Pinkney v. U.S.
Order 		USSC Mar. 19, 2019
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