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Name Category Published
Morris v. California Physicians' Service
The Medical Loss Ratio provision in the Affordable Care Act makes no distinction between in-network and out-of-network providers; thus, district court's dismissal was proper. 		Health Care 9th Mar. 19, 2019
Boyer v. Ventura County
Minimum candidate ballot qualifications for the office of county sheriff under Government Code Section 24004.3 do not conflict with, nor are preempted by, the California Constitution. 		Government 2DCA/6 Mar. 19, 2019
People v. Chatman
Under Proposition 47, identity theft can be treated as a misdemeanor, if the value of the personal identifying information does not exceed $950, as petty theft under Penal Code Section 490.2. 		Criminal Law and Procedure 1DCA/4 Mar. 19, 2019
Synergy Project Management, Inc. v. City and County of S.F.
Objective of Public Contract Code Section 4107(a) is to prevent bid peddling and bid shopping and no risk existed when prime contractor wanted to retain subcontractor; thus, City's substitution of subcontractor was valid. 		statutory_interpretation 1DCA/1 Mar. 18, 2019
U.S. v. Korte
Warrantless placement of a GPS tracker on a parolee's car was permissible in light of 'United States v. Johnson' which held that the warrantless search of a parolee's cell phone was permissible. 		Criminal Law and Procedure 9th Mar. 18, 2019
VHT Inc. v. Zillow Group
The mere possibility of future display of another's copyrighted images did not violate the copyright owner's display right, and an alleged infringer's active participation is required for direct infringement. 		Copyright 9th Mar. 18, 2019
Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation
Defendant prevailing on anti-SLAPP motion is entitled to attorney fees under Code of Civil Procedure Section 425.16(c) despite the fee-shifting provision of the Cartwright Act. 		Anti-SLAPP 1DCA/2 Mar. 18, 2019
Modification: People v. Perry
Although Proposition 64 legalized possession of not more than 28.5 grams of cannabis, it did not affect cannabis laws in prison; thus, appellant was not entitled to resentencing. 		Criminal Law and Procedure 1DCA/2 Mar. 18, 2019
People v. Anderson
Order 		1DCA/3 Mar. 15, 2019
People v. Guerrero
Order 		6DCA Mar. 15, 2019
Mendoza v. Fonseca McElroy Grinding
Order 		CASC Mar. 15, 2019
People v. Alvarez
Defendant confined in a state mental hospital may not serve free-standing discovery on third parties untethered to any proceedings without an underlying active motion, petition, or proceeding. 		Criminal Law and Procedure 1DCA/3 Mar. 15, 2019
Modification: People v. Johnson
Under the unusual circumstances presented, the trial court did not err in excluding defendant from the courtroom for the entirety of his capital trial; thus, judgment of death affirmed. 		Criminal Law and Procedure CASC Mar. 15, 2019
Ron Miller Enterprises, Inc. v. Lobel Fin. Corp., Inc.
To create a valid security interest, the parties must intend the relevant transaction has effect as security, and multiple documents can provide evidence for such intent. 		statutory_interpretation 5DCA Mar. 15, 2019
McNeil v. Sherwood School District 88J
Because appellant's hit list of students that 'must die' established a sufficient nexus to the school, the School District could regulate his off-campus speech without violating his First Amendment rights. 		Constitutional Law 9th Mar. 15, 2019
U.S. v. Read
Defendant's Sixth Amendment right to choose his defense was violated by the district court allowing his counsel to present an insanity defense despite defendant's objections. 		Criminal Law and Procedure 9th Mar. 15, 2019
U.S. v. Haines
Excluding testimony of minor's prior prostitution activities did not violate defendant's due process right to present a defense and therefore did not trigger the 'rape shield' exception under Federal Rule of Evidence 412. 		Evidence 9th Mar. 15, 2019
Valdez v. Montgomery
Supreme Court 60-day 'benchmark' excludes equitable tolling for habeas petitioner who could not show 'good cause' for waiting year between filing state habeas petitions. 		Prisoners' Rights 9th Mar. 15, 2019
Modification: Fudge v. City of Laguna Beach
Legislature provided for de novo review of appeals to the Commission under Public Resources Code Section 21080.5, which allows environmental information to be submitted 'in lieu of' an environmental impact report under CEQA. 		Environmental Law 4DCA/3 Mar. 15, 2019
Myers v. Raley's
Where trial court denies class certification in cursory order lacking substantive analysis, that lack of analysis 'is fatal' and requires remand for further review. 		Civil Procedure 3DCA Mar. 14, 2019
Fowler v. Guerin
Order 		9th Mar. 14, 2019
WildEarth Guardians v. Provencio
US Forest Service did not abuse discretion when creating off-road motorized vehicle plan that allowed for such vehicles in most of Kaibab National Forest, since other limitations in plans were present. 		Environmental Law 9th Mar. 14, 2019
1305 Ingraham v. City of Los Angeles
The 90-day statute of limitations of Government Code Section 65009(c)(1) applies upon the City Planning Department Director's determination regarding a housing project becoming final. 		statutory_interpretation 2DCA/4 Mar. 14, 2019
Knighton v. Cedarville Rancheria of NPI
Tribal courts have subject matter jurisdiction when nonmember employee conduct directly led to tort claims against the employee, the conduct threatened the tribe, and regulatory authority is not exceeded. 		Native American Affairs 9th Mar. 14, 2019
Advanced Bldg. & Fabrication v. Ayers
A third-party participating in a search pursuant to a warrant, but not aiding the execution of that warrant's authorized objectives, violates the civil rights of those subjected to the search. 		Civil Rights 9th Mar. 14, 2019
Homeaway.com v. City of Santa Monica
Vacation rental hosting platforms subject to Santa Monica Ordinance 2535 were not entitled to Communications Decency Act immunity, and the First Amendment was not implicated because only nonspeech, nonexpressive conduct was regulated. 		Civil Rights 9th Mar. 14, 2019
In re M.S.
A pretrial mental health diversion program for mentally ill adults does not apply to juveniles because the juvenile justice system is separate and distinct from the criminal justice system. 		Juveniles 2DCA/6 Mar. 13, 2019
Shrewsbury Management, Inc. v. Superior Court
Discovery mechanisms in judgment debtor examination should be 'broadly construed;' subpoena duces tecum may issue to third parties other than those who control debtor's finances or property. 		Civil Procedure 6DCA Mar. 13, 2019
U.S. v. Prien-Pinto
The lack of a mens rea requirement for stolen firearm enhancements under U.S.S.G. Section 2K2.1(b)(4) does not violate the Fifth Amendment. 		Criminal Law and Procedure 9th Mar. 13, 2019
Franks Landing Indian Community v. National Indian Gaming Commission
Without formal recognition from Secretary of Interior, Indian community lacks authority to begin gaming operations. 		Native American Affairs 9th Mar. 13, 2019
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