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Name Category Published
De La Torre v. CashCall, Inc.
That loans over $2,500 'are not subject to a numerical ceiling on the interest rate does not mean that they cannot be found unconscionable.' 		Consumer Law CASC Aug. 14, 2018
Ramirez v. City of Gardena
Governmental immunity properly granted after police chase-related death; agency need not prove total written compliance with established pursuit policy under Vehicle Code Section 17004. 		Immunity 2DCA/1 Aug. 14, 2018
Protect Niles v. City of Fremont
Where substantial evidence supports 'fair argument' proposed project in historical district may have a 'significant effect on the environment,' impact review rightly ordered under CEQA. 		Environmental Law 1DCA/5 Aug. 13, 2018
Property Cal. SCJLW One Corp. v. Leamy
Contracts 1DCA/1 Aug. 13, 2018
Property Cal. SCJLW One Corp. v. Leamy
Consideration is valid where parties compromise disputes or claims in good faith. 		Contracts 1DCA/1 Aug. 13, 2018
Holzhauer v. Rhoades
When a boat owner is functioning as a passenger on a vessel, the duty of care that applies is the same duty of care that is applied to a passenger. 		Maritime Law 9th Aug. 13, 2018
Orlando Vasquez-Valle v. Sessions
BIA erred when it concluded petitioner's conviction under an Oregon statute was a crime involving moral turpitude (CIMT), where underlying offense criminalized broader conduct than general federal CIMT 		Immigration 9th Aug. 13, 2018
Colaco v. Cavotec SA
Where covenants are to be performed at different times, they are generally regarded as independent; one party's failure to perform does not excuse other from performing; rather, party generally must perform and seek damages. 		Contracts 4DCA/3 Aug. 13, 2018
Hawaii v. Trump
Order 		9th Aug. 13, 2018
Modification: B.B. v. County of Los Angeles
Judgment imposing liability on defendant for 'entire' award despite jury's 'comparative fault' allocation vacated in part where Civil Code Section 1431.2 requires liability in proportion to comparative fault. 		Civil Procedure 2DCA/3 Aug. 13, 2018
Modification: People v. Brayton
Attempted theft of less than $950 using a false identity should be considered 'shoplifting' under Prop 47-created provision. 		Criminal Law and Procedure 2DCA/6 Aug. 13, 2018
Johnson v. County of Mendocino
A tax imposed on commercial cannabis businesses is a general tax requiring a majority vote because it would use the revenue from the tax to support County services. 		Tax 1DCA/2 Aug. 10, 2018
Cochrum v. Costa Victoria Healthcare, LLC
A trial court properly granted a judgment notwithstanding the verdict where insufficient evidence was presented showing alleged elder abuse was reckless. 		Torts 4DCA/3 Aug. 10, 2018
Doe v. Claremont McKenna College
Where campus disciplinary hearing depends on witness' credibility, and has potentially severe consequences, accused student entitled to question accuser (possibly indirectly through screen or via videoconference), in presence of fact-finder. 		Administrative Agencies 2DCA/1 Aug. 10, 2018
Knutson v. Foster
Testimony of single witness, even plaintiff, may rightly support noneconomic, emotional distress damages. 		Civil Procedure 4DCA/3 Aug. 10, 2018
People v. Rodriguez
Defendant did not have a full possessory interest in rented hotel room, and thus there was sufficient evidence to support conviction for burglary when a felony was committed inside room. 		Criminal Law and Procedure 4DCA/1 Aug. 10, 2018
LAOSD Asbestos Cases
Court abused its discretion by denying all costs requested by the prevailing party in a strict product liability claim, where the plaintiff's inability to pay was considered by the court. 		Civil Procedure 2DCA/4 Aug. 10, 2018
League of United Latin American Citizens v. Wheeler
EPA must follow Federal Food, Drug, and Cosmetic Act's standard that pesticides must meet health safety standard such that there is 'reasonable certainty that no harm will result' from aggregate exposure to pesticide. 		Environmental Law 9th Aug. 10, 2018
Clark v. City of Seattle
Rideshare drivers' claim under Section 8(e) of the National Labor Relations Act was unripe because the 'injury in fact' was neither actual nor imminent due to the absence of a current contract. 		Labor Law 9th Aug. 10, 2018
Anaya Arce v. U.S.
Where DHS action removing noncitizen violated a court order staying removal order, DHS action falls outside reach of jurisdiction-stripping statute. 		Immigration 9th Aug. 10, 2018
Modification: People v. Ghobrial
A judgment of death was affirmed,a s court has wide discretion when determining whether certain evidence requires determination that defendant is incompetent to stand trial. 		Criminal Law and Procedure CASC Aug. 10, 2018
U.S. v. Depue
Order 		9th Aug. 9, 2018
Fritsch v. Swift Transportation
Potential future attorney fees award may be rightly considered by federal court weighing CAFA $5 million amount-in-controversy threshold. 		Labor Law 9th Aug. 9, 2018
Alvarez-Cerriteno v. Sessions
Nevada's child neglect statute makes criminal more conduct than does the federal Immigration and Nationality Act's generic 'crime of child abuse;' thus petitioner's conviction does not qualify as a predicate offense under the categorical approach. 		Immigration 9th Aug. 9, 2018
U.S. v. Fomichev
'Sham marriage' exception improperly invoked to deny defendant's suppression motion based on marital communications privilege, where government placed wire on wife of suspected immigration fraudster. 		Evidence 9th Aug. 9, 2018
DeHoog v. Anheuser-Busch
Where party to merger is required to divest entirely its interest in relevant market, plaintiffs fail to make prima facie Clayton Act showing that merger 'substantially lessens competition.' 		Antitrust 9th Aug. 9, 2018
Nicusor-Remus v. Sessions
Even 'brief departure' across border constitutes execution of removal order; subsequent removal order needed before appellate court can exercise jurisdiction over Visa Waiver Program participant's asylum denial may be reviewed. 		Immigration 9th Aug. 9, 2018
Blech v. Blech
Probate court erred by deeming gift a specific gift instead of a residuary gift, but overall treatment in settling estate was proper. 		probate_and_trusts 2DCA/3 Aug. 8, 2018
Gold Medal LLC v. USA Track & Field
Olympic Committee entitled to implied antitrust immunity under the Ted Stevens Olympic & Amateur Sports Act, on the ground that advertising restrictions were essential to performance of its duties. 		Antitrust 9th Aug. 8, 2018
Rodriguez v. Swartz
Fourth Amendment prohibitions against unreasonable seizure apply to border patrol officer employing deadly force from U.S. side of southern border to kill peaceful individual on Mexican side. 		Constitutional Law 9th Aug. 8, 2018
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