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King v. Great American Chicken Corp.
The district court's finding that plaintiff proved by a preponderance of the evidence that 'greater than two-thirds' of the putative class members were California citizens was not supported by sufficient evidence. 		Civil Procedure 9th Sep. 7, 2018
Busker v. Wabtec Corp.
Order 		9th Sep. 7, 2018
Turlock Irrigation District v. FERC
FERC improperly denied complaints by the Districts when it misinterpreted the definition of "Adverse Impact", without determining whether changes could result in reductions in transmissions. 		Environmental Law 9th Sep. 7, 2018
Anderson v. Gipson
Petitioner's behavior at trial, including his suicide attempt, created a 'bona fide doubt' as to his mental competency; thus, due process required the trial to cease until a competency hearing had been held. 		Criminal Law and Procedure 9th Sep. 7, 2018
Dent v. NFL
Plaintiffs' negligence claim regarding alleged violation of federal and state laws governing controlled substances was not preempted by Section 301 of the LMRA because they didn't arise out of Collective Bargaining Agreements and didn't require interpretation. 		Labor Law 9th Sep. 7, 2018
Bridgepoint Construction Services v. Newton
Disqualification was automatic when an attorney simultaneously represented one client in a related action and another client in the instant action and the clients had adverse interests. 		Attorneys 2DCA/6 Sep. 6, 2018
People v. Osotonu
Proposition 47 reclassification petition should have been granted, as bank ATM qualifies as a commercial establishment within the meaning of Penal Code Section 459.5 		Criminal Law and Procedure 1DCA/4 Sep. 6, 2018
Barone v. City of Springfield
The government imposed an unconstitutional prior restraint when it prohibited an officer from speaking about 'anything' negative relating to the Springfield Police Department or City. 		Constitutional Law 9th Sep. 6, 2018
M.S. v. Brown
District court did not err in dismissing a complaint for lack of standing given that 'structural constitutional limits prevent federal courts from ordering government officials to enact a bill that hasn't completed the legislative process.' 		Civil Rights 9th Sep. 6, 2018
Harris v. County of Orange
District court erred in dismissing Retiree's contract claims because there was enough evidence for the pleading stage to show an implied contract requiring the continuation of The Grant Benefit in perpetuity. 		Contracts 9th Sep. 6, 2018
People v. Carter
Under California Supreme Court precedent 'People v. Gutierrez,' a trial court was required to consider factors bearing on the 'distinctive attributes of youth' before imposing the equivalent of a LWOP sentence on a juvenile offender. 		Constitutional Law 3DCA Sep. 6, 2018
Modification: Powell v. Tagami
Sufficient evidence supports court finding that trust beneficiary objected to accounting in bad faith where beneficiary fails to show reasonable cause supported objection. 		probate_and_trusts 4DCA/1 Sep. 6, 2018
People v. Rodriguez
Prosecutor asserting facts not in evidence to bolster witness credibility during closing arguments commits reversible error. 		Criminal Law and Procedure 5DCA Sep. 5, 2018
Modification: Powell v. Tagami
Sufficient evidence supports court finding that trust beneficiary objected to accounting in bad faith where beneficiary fails to show reasonable cause supported objection. 		probate_and_trusts 4DCA/1 Sep. 5, 2018
U.S. v. Peterson
District court properly denied a motion to suppress evidence where the suspect's personal belongings would have been inevitably discovered during booking procedures. 		Criminal Law and Procedure 9th Sep. 5, 2018
U.S. v. Kechedzian
District court was obligated to excuse a juror for cause under actual bias when she could not affirmatively state that she would be impartial. 		Criminal Law and Procedure 9th Sep. 5, 2018
Hansen v. Group Health Cooperative
District court's exercise of subject matter jurisdiction was reversed where it dismissed claims state law claims that 'pose important public policy issues under state law.' 		Civil Procedure 9th Sep. 5, 2018
The Board of Trustees of the Glazing Health and Welfare Trust v. Chambers
Nevada Senate Bill 223 was a legitimate exercise of Nevada's traditional state authority and was not preempted by the Employee Retirement Income Security Act. 		Constitutional Law 9th Sep. 5, 2018
Martin v. City of Boise
The Eighth Amendment's prohibition on cruel and unusual punishment bars city from prosecuting individuals criminally for sleeping outside on public property where said individuals have no home or available shelter elsewhere. 		Constitutional Law 9th Sep. 5, 2018
People v. Accredited Surety & Casualty Co.
When defendant voluntarily appears to vacate his forfeiture and exonerate his bond and the matter is continued to the afternoon and defendant fails to appear, his morning appearance is sufficient to exonerate bail. 		Criminal Law and Procedure 1DCA/3 Sep. 4, 2018
In re M.W.
Former caregiver not disqualified as a non-minor dependent's supervised independent living placement simply because she formerly was dependent's foster parent. 		Dependency 4DCA/2 Sep. 4, 2018
Modification: Troester v. Starbucks Corporation
In answering a question posed by the 9th Circuit this Court held that the relevant California statutes and wage orders have not incorporated the 'de minimis' doctrine found in the Fair Labor Standards Act 		Labor Law CASC Sep. 4, 2018
Mack v. All Counties Trustee Services, Inc.
Appellant bears burden of providing adequate record on appeal demonstrating error; where sparse record below and in appellate briefing fails to do so, court must resolve issue against appellant. 		Civil Procedure 2DCA/1 Sep. 4, 2018
U.S. v. Raygoza-Garcia
Reviewing court must give 'due weight' to border patrol agents' inferences when considering whether agents possessed reasonable suspicion to stop vehicle. 		Criminal Law and Procedure 9th Sep. 4, 2018
People v. Tapia
Counsel's assistance was not ineffective where trial court and counsel both made advisements to defendant about the immigration consequences of his plea and defendant stated he understood. 		Criminal Law and Procedure California Courts of Appeal Sep. 4, 2018
People v. Macias
A trial court properly found that a defendant was not entitled to a jury instruction of a lesser included offense where it was inconsistent with the primary function of the accusatory pleading test, under U.S. Supreme Court precedent in 'People v. Montoya.' 		Criminal Law and Procedure 1DCA/1 Sep. 4, 2018
Lucero v. Holland
The introduction of a written gang memo at trial by a co-defendant was not ruled a violation of the Sixth Amendment's Confrontation Clause, since it was not created for the primary purpose of proving anything at trial and was not 'testimonial.' 		Constitutional Law 9th Sep. 4, 2018
McCray v. Marriot Hotel Services
Section 301 of the Labor Management Relations Act did not preempt plaintiff's claim; it arose out of a local ordinance and the court did not need to interpret the collective-bargaining agreement. 		Labor Law 9th Sep. 4, 2018
Environmental Law Foundation v. State Water Resources Control Bd.
The public trust doctrine applies to the extraction of groundwater that adversely impacts a navigable waterway. 		Environmental Law 3DCA Aug. 31, 2018
Diaz-Jimenez v. Sessions
To be grounds for removal based on 8 U.S.C. Section 1182(a)(6)(C)(ii)(I), a 'false representation for a purpose or benefit' under 8 U.S.C. section 1324 must be based on such a representation made on a Form I-9 seeking private employment. 		Immigration 9th Aug. 31, 2018
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