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Name Category Published
Robinson v. California
The court struck down a California law that criminalized being addicted to narcotics. 		Criminal Law and Procedure USSC Nov. 1, 2018
Grovey v. Townsend
A reformulation of Texas' white primaries system is constitutional 		Constitutional Law USSC Nov. 1, 2018
Contractors State Licensing Bd. v. Superior Court
If administrative remedies are provided by statute, relief must be sought from the administrative body and all remedies exhausted before courts will act. 		Labor Law 1DCA/1 Oct. 31, 2018
Amended Opinion: U.S. v. Holden
Conviction of mail and wire fraud affirmed where court's interpretation that relevant statutes criminalize 'participation' in defraud schemes does not violate separation-of-powers principles. 		Criminal Law and Procedure 9th Oct. 31, 2018
Whalen v. McMullen
Because it was not clearly established that officer's warrantless ruse-entry, in the context of civil investigation related to a determination of benefits eligibility, constituted 'unreasonable search,' he was entitled to qualified immunity. 		Qualified Immunity 9th Oct. 31, 2018
People v. Lopez
Failure to object to the admission of evidence at trial forfeits an appellate claim that such evidence was improperly admitted (e.g. failing to object to admitting a 'Watson' advisement into evidence). 		Criminal Law and Procedure 2DCA/4 Oct. 30, 2018
Modification: National Lawyers Guild v. City of Hayward
A government agency can recover specified ancillary costs, when compliance with the request for an electronic record would require data compilation, extraction, or programming to produce the record. 		Government 1DCA/3 Oct. 30, 2018
Return Mail Inc. v. USPS
Order 		USSC Oct. 30, 2018
Mission Product Holdings Inc. v. Tempnology Inc.
Order 		USSC Oct. 30, 2018
U.S. v. Haymond
Order 		USSC Oct. 30, 2018
People v. Henry
'In re Williamson' rule applied; defendant was convicted of false personation, however, the conduct at issue should have been prosecuted exclusively under Vehicle Code Section 40504(b). 		Criminal Law and Procedure 6DCA Oct. 30, 2018
Modification: Uber Technologies v. Google
When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists. 		Contracts 1DCA/3 Oct. 29, 2018
Thee Sombrero, Inc. v. Scottsdale Ins. Co.
Losses that are exclusively economic without any accompanying loss of use of tangible property, does not constitute property damage; as such, the loss of using a property for a nightclub constitutes property damage. 		Criminal Law and Procedure 4DCA/2 Oct. 29, 2018
Bacilio v. City of Los Angeles
For purposes of the Public Safety Officers Procedural Bill of Rights Act's tolling period, criminal investigation is no longer pending when a final determination not to prosecute is made. 		Government 2DCA/2 Oct. 29, 2018
Raam Construction, Inc. v. Occupational Safety and Health etc.
A trial court correctly deemed a petition as untimely, where the petitioner filed five days after the expiration of the statute of limitations; and petitioner's argument that the statute was ambiguous was rejected. 		Civil Procedure 1DCA/3 Oct. 29, 2018
People v. Acosta
Penal Code Section 654's prohibition on multiple punishment for crimes arising from a single course of conduct, does not apply when a new intent and objective is formed from the initial conduct. 		Criminal Law and Procedure 6DCA Oct. 29, 2018
Schwan v. Permann
Probate court properly relied on the doctrine of impossibility; although Probate Code Section 142 was repealed, the doctrine of impossibility was left to case law development. 		probate_and_trusts 1DCA/1 Oct. 29, 2018
Alliance For The Wild Rockies v. USFS
Order 		9th Oct. 29, 2018
People v. Saelee
Under Penal Code Section 1170.8, 'some type' of evidence must be presented to the trial court before it can deny a defendant's petition to redesignate a prior felony conviction to a misdemeanor. 		Criminal Law and Procedure 3DCA Oct. 29, 2018
S.V. v. Superior Court
The statutory language of Welfare & Institutions Code Section 361.5(b)(3) indicates that any additional abuse need not be directed at the child at issue for the court to refuse reunification services. 		Family Law 4DCA/2 Oct. 26, 2018
Havasupai Tribe v. Provencio
National Historic Preservation Act did not obligate United States Forest Service to take Red Butte into account when it conducted a full consultation in 1986; it was not a 'historic property' then. 		Environmental Law 9th Oct. 26, 2018
U.S. v. Moreno Ornelas
Under plain error, if there is a reasonable probability that the failure to instruct a jury properly affected a jury's verdict, that verdict must be reversed. 		Criminal Law and Procedure 9th Oct. 26, 2018
Save Lafayette Trees v. City of Lafayette
Municipal Code Section 6-236's 180-day statute of limitations is preempted by Section 65009's 90-day bar, when considering decisions by local agencies made pursuant to the planning and zoning law. 		Municipal Law 1DCA/3 Oct. 25, 2018
MCI Communications etc. v. Cal. Dept. of Tax and Fee Admin.
Under Revenue and Taxation Code Section 6016.5, cable(s) must already be installed in order to be excluded from taxation; pre-installed component parts making up telephone and telegraph lines, however, are taxable. 		Tax 4DCA/1 Oct. 25, 2018
Save Our Heritage Organisation v. City of San Diego
CEQA Guidelines Section 15164 valid because it implements Section 21166's objective of balancing the consideration of environmental consequences in public decision making with interests in finality and efficiency. 		Environmental Law 4DCA/1 Oct. 25, 2018
Modification: Bunzl Distribution v. Franchise Tax Bd.
FTB judgment against multinational was properly upheld given Supreme Court precedent, that 'a taxpayer has the burden of showing...that [the state tax] results in extraterritorial values being taxed.' 		Tax 1DCA/3 Oct. 25, 2018
Dominguez v. Kernan
District court erred when it dismissed defendant's habeas petition as moot; although the state court vacated defendant's earlier convictions, defendant still remained in custody and his second prosecution was still ongoing. 		Criminal Law and Procedure 9th Oct. 24, 2018
Doe v. Nestle
Presumption against extraterritoriality applies to claims under the Alien Tort Statute, though alleged domestic contacts in form of 'kickbacks' outside typical business contract may suffice to rebut presumption. 		Torts 9th Oct. 24, 2018
U.S. v. Henderson
'Network Investigative Technique warrant' was not considered a tracking device permitted by Federal Rule of Criminal Procedure Rule 41(b)(4) because it did not physically 'track movement of person or property.' 		Criminal Law and Procedure 9th Oct. 24, 2018
In re Maria Q.
Under Welfare & Institutions Code Section 366.26, permanent placement with a fit and willing relative is disfavored if any other permanency plan is available, such as, adoption by the foster parents. 		Family Law 4DCA/1 Oct. 24, 2018
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