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Name Category Published
Fidelitad Inc. v. Insitu Inc.
A private entity must be involved in an effort to assist, or to help carry out, the duties of a federal superior in order to invoke 28 U.S.C. Section 1442(a)(1). 		Civil Procedure 9th Sep. 26, 2018
O'Connor v. Uber
District court's denial of Uber's motion to compel arbitration was reversed; the question of arbitrability was designated to the arbitrator. 		Arbitration 9th Sep. 26, 2018
North Valley Mall v. Longs Drug Stores
Reverse triangular merger did not effect a de factor merger; there was no evidence that defendants structured it to disadvantage creditors or shareholders. 		Corporations 3DCA Sep. 26, 2018
Shenouda v. Veterinary Med. Bd.
Appellant failed to identify the factual findings he was challenging and provided few citations to the administrative record to support his argument; thus he forfeited his assignment of error. 		Evidence 2DCA/4 Sep. 25, 2018
Ayon v. Esquire Deposition Solutions
Summary judgment may not be denied solely on the basis of the credibility of the moving party's witnesses. 		Torts 4DCA/3 Sep. 25, 2018
Rubin v. U.S.
District court improperly rejected taxpayer's amended returns given they adequately identified inconsistencies between his tax returns and those of his S Corporation. 		Tax 9th Sep. 25, 2018
Turner v. Seterus, Inc.
Under Civil Code Section 2924c, trustor is entitled to make back payments and reinstate the terms of the loan; thus, tender of the full amount of the loan was unnecessary. 		Real Property 3DCA Sep. 25, 2018
Modification: Williams v. The Pep Boys
A trial court erred in failing to award damages for the costs of providing home health services to decedent where he was cared for at home. 		Torts 1DCA/4 Sep. 25, 2018
Moss Bros. Toy, Inc. v. Ruiz
A trial court properly granted an anti-SLAPP motion where the complaint was based on protected activity. 		Anti-SLAPP 4DCA/2 Sep. 24, 2018
Melissa G. v. Raymond M.
The trial court erred when it interpreted Family Code Section 6305 as not requiring factual findings when two parties seek restraining orders against each other based on separate incidents. 		Family Law 2DCA/5 Sep. 24, 2018
People v. Bailey
It is the oral declarations of the jurors - not the submission of the written verdict forms - that constitute the return verdict. 		Criminal Law and Procedure 2DCA/3 Sep. 24, 2018
PacifiCare Life & Health Ins. Co. v. Jones
Insurance Commissioner's regulation defining 'unfair claims settlement practice' by including 'a single violation knowingly committed' was consistent with Insurance Code Section 790.03(h). 		Insurance 4DCA/3 Sep. 24, 2018
People v. Laird
Proposition 64 does not require a defendant's DNA to be expunged from the state's database where defendant has offense reduced to an infraction. 		Criminal Law and Procedure 4DCA/1 Sep. 24, 2018
CA Dept. of St. Hospitals v. A.H.
Not violation of Free Exercise Clause to require mentally disordered offender to consume antipsychotic drugs where offender is otherwise a danger to self and others, and where purported conflicting beliefs appear dubious. 		Constitutional Law 2DCA/6 Sep. 24, 2018
In re Marriage of Kushesh & Kushesh-Kaviani
An interspousal transfer grant deed was a valid transmutation of community property into wife's separate property because the writing contained enough 'magic words.' 		Family Law 4DCA/3 Sep. 24, 2018
In re N.G.
Juvenile courts and protective agencies have 'an affirmative and continuing duty to inquire' whether a child is or may be an Indian child if a Section 300 petition is filed. 		Family Law 4DCA/2 Sep. 24, 2018
Tin Cup v. USACE
District court did not err in granting summary judgment to the U.S. Army Corps of Engineers where plaintiff hadn't shown a clear statement from Congress that the 1993 Budget Act enacted a mandatory permanent change in substantive law. 		Environmental Law 9th Sep. 24, 2018
Chacker v. JPMorgan Chase Bank, N.A.
Section 14 in deed of trust permits the lender to add attorney fees incurred to the outstanding amount owed; it does not authorize a separate fee award. 		Contracts 2DCA/5 Sep. 21, 2018
C.J.L.G. v. Sessions
Order 		9th Sep. 21, 2018
U.S. v. Hernandez-Lara
Order 		9th Sep. 21, 2018
Allied Concrete and Supply v. IBT
California Labor Code Section 1720.9 meets the rational basis test and therefore does not violate the Equal Protection Clause of the Fourteenth Amendment 		Labor Law 9th Sep. 21, 2018
Fikre v. FBI
Record reflected that the government's decision to remove Appellant from No Fly List was discretionary and not tied to any change in policy; thus, his claims were not moot. 		Constitutional Law 9th Sep. 21, 2018
Marks v. Crunch San Diego
TCPA's definition of automated dialing system not 'limited to devices with the capacity to call numbers produced by a random number generator, but also includes devices capable of dialing stored numbers automatically,' and which might involve some human interaction. 		statutory_interpretation 9th Sep. 21, 2018
Nationwide Biweekly Administration v. S.C. (People)
Order 		1DCA/1 Sep. 21, 2018
Bottini v. City of San Diego
CEQA applies to certain nonexempt discretionary acts, but 'ministerial' acts are specifically beyond its reach. 		Environmental Law 4DCA/1 Sep. 20, 2018
Hart v. Clear Recon Corp.
Paragraph 9 in standard form deed of trust is not a provision for attorney's fees; it is, instead, a provision that attorney's fees will be added to the secured debt. 		Real Property 2DCA/8 Sep. 20, 2018
In re K.L.
ICWA procedures not triggered where a minor child, whose biological father was Native American, was placed with his presumed father, because said placement was not 'foster care' within statute's meaning. 		Juveniles 3DCA Sep. 20, 2018
Modification: People v. Banda
Pursuant to Health and Safety Code 11361.8(b), in a petition for relief for persons with prior marijuana convictions, the court could consider evidence beyond the record of conviction. 		Evidence 2DCA/7 Sep. 20, 2018
Sanchez v. Sessions
Evidence supporting immigrant's removal may be suppressed where gotten as result of regulatory violation; where such violation is 'egregious,' removal proceedings should be dismissed. 		Immigration 9th Sep. 20, 2018
Cuero v. Kernan
Order 		9th Sep. 20, 2018
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