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Name Category Published
U.S. v. Fomichev
Order 		9th Dec. 3, 2018
Edwards v. Heartland Payment Systems, Inc.
Mandatory intervention should be denied in class action settlements when class members can still protect their interests by opting out of the class action or objecting to the settlement. 		Civil Procedure 2DCA/8 Dec. 3, 2018
People v. Phea
CALCRIM No. 1191 requires Evidence Code Section 1108 evidence be proved by a preponderance of the evidence, but does not reduce the prosecution's burden of proof as to any charged offenses. 		Evidence 3DCA Nov. 30, 2018
Modification: Ramos v. Superior Court
Arbitration agreement unconscionable under minimum requirements of 'Armendariz v. Foundation Health Psychcare Services, Inc.' because it limited employee's remedies and provided that employee must bear half the costs of arbitration. 		Arbitration 1DCA/1 Nov. 30, 2018
People v. Gomez
Although prosecution's argument that defendant was dangerous because he attacked officers who shared his ethnic background was improper because it could compromise jury's impartiality, the error was harmless; thus, death sentence affirmed. 		Criminal Law and Procedure CASC Nov. 30, 2018
Zissler v. Saville
As a matter of law an easement is not considered a general easement, limited to historical use, if drafted in general but unambiguous terms that are consistent with its purpose. 		Real Property 2DCA/6 Nov. 30, 2018
Meleski v. Estate of Hotlen
Insurer who denied settlement offer in action against decedent's estate is 'party' within terms of Code of Civil Procedure Section 998. 		Civil Procedure 3DCA Nov. 30, 2018
People v. Bonilla
On appeal when ineffective assistance is being claim, if it is easier to dispose of the claim on the ground of lack of prejudice, then that course should be followed. 		Criminal Law and Procedure 3DCA Nov. 30, 2018
Marriage of Vaughn
Where debt owed would 'adversely affect the finances of the debtor's spouse' if unpaid, said doubt is nondischargeable under Section 523(a)(15). 		Bankruptcy 2DCA/6 Nov. 29, 2018
People v. Fish
No unfairness exists in requiring a defendant to assume the burden of presenting evidence of the facts on which he relied, provided they are not peculiarly within the government's knowledge or control. 		Criminal Law and Procedure 2DCA/6 Nov. 29, 2018
People v. Morales
The trial court properly denied a last minute motion to substitute counsel when it would require a continuance that would result in psychological harm to a child. 		Criminal Law and Procedure 6DCA Nov. 29, 2018
People v. Superior Court (Ahn)
Physicians lack standing to challenge physician-assisted suicide legislation, where they do not have 'requisite commonality' of interest with patients represented, nor have concrete standing themselves. 		Constitutional Law 4DCA/2 Nov. 29, 2018
Morgan v. Davidson
Under Evidence Code Section 1987(c), respondent was not required to provide the court with appellant's financial condition because appellant failed to comply with the notice to produce financial documents. 		Evidence 4DCA/2 Nov. 29, 2018
San Francisco Baykeeper v. State Lands Commission
The public trust doctrine protects and promotes public uses of trust property, and is only construed with liberality if it benefits all the people of the state, not private parties. 		Environmental Law 1DCA/4 Nov. 29, 2018
Sulyma v. Intel Corp. Investment Policy Committee
'Actual knowledge,' rather than constructive knowledge, must be shown to be had before limitations period runs on ERISA claim. 		Civil Procedure 9th Nov. 29, 2018
Mayall v. USA Water Polo
Under California's 'primary assumption of risk' doctrine, secondary head injuries are not 'inherent in the sport' of water polo; thus liability possible. 		Torts 9th Nov. 29, 2018
U.S. v. Kirkland
A partially assembled homemade bomb is sufficient to be considered a 'destructive device' for conviction purposes when the only missing parts could be readily assembled into the bomb. 		Criminal Law and Procedure 9th Nov. 29, 2018
Modification: People v. Superior Court (Ahn)
Physicians lack standing to challenge physician-assisted suicide legislation, where they do not have 'requisite commonality' of interest with patients represented, nor have concrete standing themselves. 		Constitutional Law 4DCA/2 Nov. 29, 2018
Weyerhaeuser Co. v. United States Fish and Wildlife Serv.
Although under 16 U.S.C. Section 4(b)(2) the Secretary of Interior has the discretion to exclude an area from being designated critical habitat, it does not mean his judgments are not reviewable. 		Civil Procedure USSC Nov. 28, 2018
John Russo Industrial Sheetmetal, Inc. v. City of L.A. Dept. of Airports
Party 'prevails in action' for purposes of California False Claims Act fee provision where it wins on the CFCA claim, notwithstanding fact that it failed to prevail entirely as to other claims in the suit. 		Attorneys 1DCA/5 Nov. 28, 2018
People v. Cisneros-Ramirez
A criminal defendant's knowing, intelligent, and voluntary waiver of a right to appeal contained in a plea agreement validly precludes appellate courts review of a pre-trial motion to suppress. 		Criminal Law and Procedure 4DCA/3 Nov. 28, 2018
Dept. of Alcoholic Beverage Control (ABC) v. ABC Appeals Bd.
The single beverage condition does not apply to beer or malt beverages that are packaged by the manufacturer to be sold as single units and not as part of a six-pack. 		Administrative Agencies 3DCA Nov. 28, 2018
Alliance of Concerned Citizens v. City of San Juan Bautista
An appellate review of a court's findings under Public Resources Code Section 21168.9 is forfeited, if an order is appealable, and an appeal is not taken up. 		Civil Procedure 6DCA Nov. 28, 2018
Modification: People v. Kelly
Proposition 47 modified washout provisions of Penal Code Section 667.5(b); thus, after defendant's felony convictions were reclassified, more than 5 years passed from his latest felony conviction and washout rule applied. 		Criminal Law and Procedure 5DCA Nov. 28, 2018
Amended Opinion: Sali v. Corona Regional Medical Center
District court errs by striking declaration in preliminary stage of a class action, because it may not decline to consider evidence based only on whether or not it would be admissible at trial. 		Labor Law 9th Nov. 28, 2018
U.S. v. Tydingco
A district court's jury instruction requiring a defendant's objective and not a subjective standard in defining 'reckless disregard' amounted to plain error and a miscarriage of justice. 		Criminal Law and Procedure 9th Nov. 28, 2018
Thompson v. Hebdon
State limit on aggregate out-of-state contributions does not target 'actual quid pro quo corruption or its appearance,' thus impermissible under 'Citizens United' and 'McCutcheon;' individual limits OK. 		Constitutional Law 9th Nov. 28, 2018
Wilson v. Rigby
Whether claiming federal or state law homestead exemptions, the value of the exemption is fixed by reference to the date of the filing of the bankruptcy petition. 		Bankruptcy 9th Nov. 28, 2018
U.S. v. Chilaca
Under 18 U.S.C. Section 2252(a)(4)(B), simultaneous possession of child-pornography images, stored in different media and found in the same location, does not create separate 'allowable units of prosecution.' 		Criminal Law and Procedure 9th Nov. 27, 2018
Amended Opinion: U.S. ex rel. Rose v. Stephens Institute
False Claims Act falsity standard from 'Escobar' requires two-condition threshold showing, demonstrating defendant made specific representations and failed to disclose noncompliance in way that made representations 'misleading half-truths.' 		Government 9th Nov. 27, 2018
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