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Name Category Published
Altera Corp. & Subsidiaries v. Commissioner of Internal Revenue
Order 		9th Aug. 8, 2018
People v. Piper
People's burden of proof in Prop 36 resentencing context remains beyond a reasonable doubt; court may not make evidentiary findings contrary to jury's verdict in offense at issue. 		Criminal Law and Procedure 2DCA/4 Aug. 8, 2018
Lacagnina v. Comprehend Systems, Inc.
An 'at will' provision in an employment contract does not mean an employer can avoid tort liability for fraudulent inducement of contract based on the contract's inclusion of said provision. 		Employment Law 1DCA/4 Aug. 7, 2018
Anselmo v. Grossmont-Cuyamaca Com. College Dist.
Field trip immunity does not preclude liability of school district hosting intercollegiate sporting event. 		Torts 4DCA/1 Aug. 7, 2018
People v. Stevenson
Not improper to give 'natural and probable consequences' instruction in first degree murder case, where additional instruction ensures jury must find defendant acted 'willfully, deliberately, and with premeditation' before being convicted of first degree murder. 		Criminal Law and Procedure 1DCA/3 Aug. 7, 2018
Modification: Littlejohn v. Costco Wholesale Corp.
Trial court properly sustained defendants' demurrer where consumer sought reimbursement of taxes from the Board of Equalization as to sales tax on an alleged food item. 		Consumer Law 1DCA/3 Aug. 7, 2018
Henry v. Spearman
California prisoner has standing to bring vagueness challenge to second-degree-felony-murder rule based on residual clause of 'Johnson v. U.S.' 		Constitutional Law 9th Aug. 7, 2018
U.S. v. Nature
Per regulatory language, 'dangerous drinking' prohibition applies to administrative site bordering Yosemite National Park. 		Criminal Law and Procedure 9th Aug. 7, 2018
Arandell Corp. v. Centerpoint Energy Services, Inc.
Under the 'Copperweld doctrine' a wholly owned subsidiary that engages in a conspiracy in furtherance of an anti-competitive purpose could sustain liability under the Sherman Act, where collusion existed with parties outside that corporate relationship. 		Antitrust 9th Aug. 7, 2018
Ameded Opinion: Stevens v. Corelogic
Grant of summary judgment affirmed where plaintiffs fail to show that defendant had mental state required by 17 U.S.C. Section 1202(b). 		Copyright 9th Aug. 7, 2018
Restore Hetch Hetchy v. City and County of San Francisco
Savings clause does not prevent federal preemption to ensure continued used of Hetch Hetchy Valley as reservoir, where Congress' intent was clear as to that purpose. 		Environmental Law 5DCA Aug. 6, 2018
People v. Webb
A trial court did not err when it instructed the jury with CALCRIM 548 on the facts of this particular case, but even if it did, the alleged ambiguity error was harmless beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/1 Aug. 6, 2018
Honeycutt v. JPMorgan Chase Bank, N.A.
Arbitrator's failure to disclose numerous matters with one of the parties' during the pendency of an arbitration requires reversal. 		Arbitration 2DCA/7 Aug. 6, 2018
Jones v. Sorenson
'Gardener' differs from 'nurseryperson' under Business and Professions Code section; where gardener did not possess required contractor's license to perform certain work, hired help may sue contractor's employer via respondeat superior theory. 		Torts 3DCA Aug. 6, 2018
Gallinger v. Becerra
Statute eliminating school zone firearm carry exemption for permitted concealed carriers but not former peace officers survives rational basis review. 		Constitutional Law 9th Aug. 6, 2018
Hornish Joint Living Trust v. King County
A district court properly ruled that plaintiffs lacked Article III standing where they lacked property interest in area under quiet title dispute. 		Real Property 9th Aug. 6, 2018
Pena v. Lindley
Regulations requiring new firearms to bear certain safety mechanisms and a microstamping device to identify discharged rounds passes intermediate scrutiny as 'reasonable' means toward important governmental ends of public safety and crime prevention. 		Constitutional Law 9th Aug. 6, 2018
Modification: People v. Koback
Instrument, like car key swung at victim's torso after defendant warned he would gravely harm victim, may be viewed as 'deadly weapon' by jury if 'used in such a manner as to be capable' of producing great injury. 		Criminal Law and Procedure 4DCA/2 Aug. 6, 2018
Staats v. Vintner's Golf Club, LLC
Gold course operator has duty of care to protect patrons from underground yellow jacket swarm where attack was "reasonably foreseeable," and policy factors favor application of duty. 		Torts 1DCA/1 Aug. 3, 2018
Moen v. The Regents of the University of California
Where employer consistently indicated, through printed materials, that employees would maintain health insurance benefits through retirement, court erred by decertifying class to examine individual issues of reliance on the materials. 		Civil Procedure 1DCA/5 Aug. 3, 2018
Nishiki v. Danko Meredith, APC
Attorney fee award affirmed where award makes employee successful party on appeal in superior court despite failing on some claims under Labor Code Section 98.2. 		Employment Law 1DCA/4 Aug. 3, 2018
Boling v. Public Employment Relations Board
Meyers-Milias-Brown Act requires mayor to 'meet and confer' with municipal employees during process by which mayor sought to eliminate new employee pensions via voter initiative. 		Administrative Agencies CASC Aug. 3, 2018
Christie v. Georgia-Pacific
Retirement that is 'voluntary' in nature does not necessarily preclude injured employee from successfully claiming full permanent disability benefits for work-related injury. 		Administrative Agencies 9th Aug. 3, 2018
California v. Iipay Nation of Santa Ysabel
Summary judgment finding that operation of online casino violates Unlawful Internet Gambling Enforcement Act affirmed where casino’s patrons’ activity of placing bet or wager while not on tribal lands renders casino’s operation unlawful. 		Gaming 9th Aug. 3, 2018
U.S. v. Ochoa-Orogel
Conviction for unlawful re-entry under 8 U.S.C. Section 1326 reversed where prior removal proceedings were fundamentally unfair. 		Immigration 9th Aug. 3, 2018
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. 2, 2018
Hansen v. Newegg.com Americas
Sustention of demurrer for lack of standing to bring claims under unfair competition law and false advertising law reversed where plaintiff relied on misrepresentation to purchase products he would not have purchased but for misrepresentation. 		Consumer Law 2DCA/7 Aug. 2, 2018
People v. Phung
Prop 57 and Senate Bill 620 both apply retroactively under 'Estrada,' require remand where appellant's case was not final at time changes in law were enacted. 		Criminal Law and Procedure 4DCA/3 Aug. 2, 2018
People v. Bilbrey
Dismissal for violation of speedy trial right not abuse of discretion where People appeal retrial grant after habeas ruling, but fail to attempt to stay lower court proceedings. 		Criminal Law and Procedure 1DCA/2 Aug. 2, 2018
People v. Fleming
A trial court properly found that there was substantial evidence such that a jury could convict defendant for violating Penal Code Section 289(f). 		Criminal Law and Procedure 5DCA Aug. 2, 2018
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