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Name Category Published
Burkes v. Robertson
A lower court properly dismissed an employer's appeal where the employer filed an appeal, but failed to post the bond required by statute. 		Labor Law 1DCA/5 Aug. 22, 2018
People v. Jackson
Where proof cannot demonstrate beyond reasonable doubt that jury relied on legally-correct theory to convict defendant of felony car theft, reversal required. 		Criminal Law and Procedure 1DCA/1 Aug. 22, 2018
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 Aug. 22, 2018
People v. Lopez
Penal Code section 459.5 does not restrict a prosecutor's ability to charge another theft offense when the element of intent upon entering the commercial establishment is absent or in question. 		Criminal Law and Procedure 5DCA Aug. 22, 2018
U.S. v. Schram
Defendant forbidden from entering residence by court's no-contact order cannot claim an objectively-reasonable expectation of privacy therein. 		Constitutional Law 9th Aug. 22, 2018
Kingsbury v. U.S.
Federal Rule of Civil Procedure 58's requirement that a separate document be filed upon entry of judgment applies in proceedings under 28 U.S.C. Section 2255. 		Civil Procedure 9th Aug. 22, 2018
U.S. v. McCarns
Trial court references to local codes, which correspond to federal statutory factors permitting delay of trial's beginning past otherwise mandatory 70-day cutoff, sufficient bases for granting continuances. 		Criminal Law and Procedure 9th Aug. 22, 2018
Chippewa Cree Tribe v. U.S. Dept. of the Interior
The Department of the Interior correctly ruled that the Governing Board of a Tribe violated the American Recovery and Reinvestment Act when it stripped a Chairman of his position on the Committee in retaliation, which violated the robust whistleblower protections of the Act. 		Native American Affairs 9th Aug. 22, 2018
Pease v. Zapf
Application of a term limit provision caps number of terms incumbent may serve but does not preclude candidate from running for third term where redistricting resulted in her serving in two different districts over first two terms. 		statutory_interpretation 4DCA/1 Aug. 21, 2018
Levingston v. Kaiser Foundation Health Plan
Counsel's lack of credibility concerning failure to file an opposition to summary judgment does not make the failure willful and thus court's grant of terminating sanctions was abuse of discretion. 		Civil Procedure 4DCA/2 Aug. 21, 2018
Connor v. First Student Inc.
Some overlap between consumer reporting agency statutes does not render one unconstitutionally vague, where the statutes are 'otherwise unambiguous.' 		Constitutional Law 2DCA/4 Aug. 21, 2018
Tourgeman v. Nelson & Kennard
Under Fair Debt Collection Practices Act, burden of proof to establish defendant's net worth is one Congress intended for the plaintiff to carry. 		Consumer Law 9th Aug. 21, 2018
ABS Entertainment v. CBS Corp.
Remastered sound recordings that do not add or remove any sounds or change the sequences of sounds lack originality and thus, are not eligible for independent copyright protection as a derivative work. 		Copyright 9th Aug. 21, 2018
Mineral County v. Walker River Irrigation Dist.
Order 		9th Aug. 21, 2018
In re J.W.
A lower court correctly ruled that substantial evidence proved minor was adoptable where child with disability thrived in a prospective adoptive home. 		Juveniles 2DCA/6 Aug. 20, 2018
Hacker v. Homeward Residential, Inc.
Trial court abused discretion in denying leave to amend where the appellant introduced sufficient facts as to ownership of the property in question. 		Real Property 2DCA/1 Aug. 20, 2018
Webster v. Claremont Yoga
Suit against yoga instructor properly governed by professional negligence rules; thus, uncontradicted expert declaration sufficient to support defendants' summary judgment motion. 		Torts 2DCA/1 Aug. 20, 2018
Mellen v. Winn
Qualified immunity improperly granted in civil rights suit where officer withheld material impeachment evidence about unreliable paid informant. 		Qualified Immunity 9th Aug. 20, 2018
Dent v. Sessions
Arizona state crime of third-degree escape not 'aggravated felony' under categorical approach comparison with federal 'crime of violence,' as former criminalizes conduct not implicating use or threat of force. 		Immigration 9th Aug. 20, 2018
Center for Biological Diversity v. Zinke
Considering only the current range of the arctic grayling when determining whether it was in danger of extinction was a reasonable interpretation of federal statute. 		Environmental Law 9th Aug. 20, 2018
U.S. v. Guizar-Rodriguez
Battery committed with the use of a deadly weapon under Nevada law is categorically a crime of violence and thus, defendant's conviction for illegal reentry was affirmed. 		Criminal Law and Procedure 9th Aug. 20, 2018
Modification: Lafferty v. Wells Fargo Bank, N.A.
Regulation limiting recovery by consumer to amount paid under installment contract does not prevent court from awarding costs and prejudgment interest where statutes provide that such awards be allowed 'in any action.' 		Contracts 3DCA Aug. 20, 2018
In re Avignone
Under 'In re Humphrey,' when considering a bail amount, the court must look to the availability of funds and must not consider a hypothetical situation based on the charged crimes. 		Criminal Law and Procedure 4DCA/1 Aug. 17, 2018
People v. Zepeda
Sufficient evidence supports conviction of sexual abuse of a child by force where size differential and other contextual factors suggest crimes were effected by duress. 		Criminal Law and Procedure 1DCA/4 Aug. 17, 2018
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 Aug. 17, 2018
Winslett v. 1811 27th Avenue, LLC
Trial court erred in striking tenant's claim via anti-SLAPP motion where her claims did not arise out of protected activity. 		Real Property 1DCA/4 Aug. 17, 2018
Modification: Post Foods, LLC v. Superior Court
Petition for writ of mandate granted where seemingly required Proposition 65 warning is preempted by federal law. 		Civil Procedure 2DCA/1 Aug. 17, 2018
Rangel v. PLS Check Cashers of California, Inc.
Broad settlement of state-court class action covering all potential claims 'factually-related' to resolved claims bars subsequent federal action on same facts, though federal claims may not have been able to be brought in earlier suit. 		Civil Procedure 9th Aug. 17, 2018
Moore v. Urquhart
Federal Courts Improvement Act providing judicial immunity does not preclude suit seeking injunctive relief against Sheriff executing eviction orders. 		Constitutional Law 9th Aug. 17, 2018
Fowler v. Guerin
The interest held in retirement accounts is private property and the skimming of such private property by the state constitutes a per se taking under the Takings Clause. 		Constitutional Law 9th Aug. 17, 2018
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