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Name Category Published
Conservatorship of O.B.
Appellate court ruling on sufficiency of evidence supporting trial court's factual findings will look to all supporting evidence and may set aside conflicting evidence. 		Conservatorship 2DCA/6 Feb. 28, 2019
Ryan v. Real Estate of the Pacific
Expert opinion is required in professional malpractice claims except when the negligence is obvious to laymen; thus, realtor's failure to disclose information he knew about neighbor's extensive remodeling plans required no expert. 		Torts 4DCA/1 Feb. 28, 2019
City of Sierra Madre v. SunTrust Mortgage
Authorizing a super-priority lien to secure loan taken by receiver to fund remediation of defendants' property not abuse of discretion; receiver has broad powers under Code of Civil Procedure Section 568. 		Real Property 2DCA/3 Feb. 28, 2019
Los Angeles County Metropolitan etc. v. Yum Yum Donut Shops
Condemnees showing loss of some goodwill value that cannot be prevented by relocating or other reasonable measures need not mitigate to be entitled to some recovery and a jury trial. 		Eminent Domain 2DCA/1 Feb. 28, 2019
Jam v. International Finance Corp.
The International Organizations Immunities Act grants international organizations the 'same immunity' from suit 'as foreign governments;' thus, the Foreign Sovereign Immunities Act governed the immunity of respondent. 		Immunity USSC Feb. 28, 2019
Garza v. Idaho
Plea agreement including appeal waivers does not change application of 'Flores-Ortega' rule that, where counsel's deficient performance precludes defendant's desired appeal, prejudice in ineffective assistance claim is presumed. 		Constitutional Law USSC Feb. 28, 2019
Madison v. Alabama
Under Eighth Amendment, court must determine whether prisoner possesses 'rational understanding of why the State wants to execute him' before proceeding with execution. 		Constitutional Law USSC Feb. 28, 2019
Castro v. Tri Marine Fish Co.
A settlement agreement and confirming order do not constitute an arbitral award under the New York Convention and Convention Act simply because they are signed in the presence of an arbitrator. 		Arbitration 9th Feb. 28, 2019
Nutraceutical Corp. v. Lambert
Non-jurisdictional nature of Rule 23(f) does not render it appropriate for equitable tolling; since other rules clearly speak to firm nature of rule's 14-day deadline, court lacks jurisdiction to toll it. 		Civil Procedure USSC Feb. 27, 2019
Klikno v. U.S.
Order 		USSC Feb. 27, 2019
Franklin v. U.S.
Order 		USSC Feb. 27, 2019
Van Sach v. U.S.
Order 		USSC Feb. 27, 2019
Shields v. U.S.
Order 		USSC Feb. 27, 2019
Baker v. Berryhill
Order 		USSC Feb. 27, 2019
Lipscomb v. U.S.
Order 		USSC Feb. 27, 2019
Browning v. U.S.
Order 		USSC Feb. 27, 2019
Rotkiske v. Klemm
Order 		USSC Feb. 27, 2019
Marquez v. City of Long Beach
Legislature may exercise authority over minimum wages, despite authority in charter cities to legislate as to municipal affairs, because minimum wage addresses state's interest in ensuring workers can afford necessities in life. 		Constitutional Law 2DCA/7 Feb. 27, 2019
People v. Huber
When a mix of on-reservation and off-reservation conduct is at issue, California law is not preempted if there are off-reservation effects that necessitate State intervention. 		Native American Affairs 1DCA/4 Feb. 27, 2019
Deere & Co. v. Allstate Insurance Co.
Higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention paid by plaintiff, had been exhausted; thus, judgment was reversed. 		Insurance 1DCA/4 Feb. 27, 2019
Wadler v. Bio-Rad Laboratories
Provisions of the Foreign Corrupt Practices Act are not 'rules or regulations' of the SEC for purposes of Section 806 of the Sarbanes-Oxley Act. 		Labor Law 9th Feb. 27, 2019
Arrey v. Barr
Board of Immigration Appeals committed legal error in its application of the 'firm settlement rule' when it declined to consider evidence of petitioner's past persecution; thus, claim remanded. 		Immigration 9th Feb. 27, 2019
Miller v. Inslee
'Janus' does not render state-mandated exclusive bargaining arrangement a First Amendment free association violation. 		Constitutional Law 9th Feb. 27, 2019
J.B. v. U.S.
IRS Publication 1 is insufficient notice under I.R.C. Section 7602(c)(1) because it does not provide taxpayers 'reasonable notice in advance' before third-party contacts are made. 		Administrative Agencies 9th Feb. 27, 2019
Yovino v. Rizo
A federal court may not count the vote of a judge who dies before the decision is issued under 28 U. S. C. Section 46(c); thus, Ninth Circuit judgment vacated. 		Judges USSC Feb. 26, 2019
Correia v. NB Baker Electric, Inc.
'Iskanian,' not 'Epic,' binds California intermediate appellate courts on the issue of whether governmental disputes, including PAGA claims, are subject to the Federal Arbitration Act. 		Arbitration 4DCA/1 Feb. 26, 2019
Millview County Water Dist. v. State Water Resources Control
Under Water Code Section 1126(b), the Board's formal adoption of its order constituted 'final action' and triggered the running of the statute of limitations; thus, plaintiff's petition was time-barred. 		Water Rights 1DCA/1 Feb. 26, 2019
In re J.G.
Courts may consider supplemental income benefits when determining one's ability to pay restitution, but factors including future earning capacity, current financial situation, and total amount ordered should also be considered. 		statutory_interpretation CASC Feb. 26, 2019
In re L.D.
Challenge to sufficiency of Indian Child Welfare Act notice untimely when raised in appeal of post-jurisdictional order that does not 'subsume' the notice's sufficiency. 		Dependency 6DCA Feb. 26, 2019
People v. Beman
Punishment for substantive offenses in addition to punishment for conspiracy to commit those underlying offenses is not precluded when the conspiracy's objectives go beyond the underlying offenses. 		Criminal Law and Procedure 1DCA/2 Feb. 25, 2019
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