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Name Category Published
Marriage of Spector
Court's reconsideration of its initial order is proper where court's inherent authority to reconsider its own ruling extends to final orders and where reconsideration is limited to evidence related to parties' original motion. 		Family Law 3DCA Jun. 6, 2018
Moldex-Metric v. McKeon Products
When considering whether element of trade dress is 'functional,' court must consider whether possible alternatives provide similar or better functionality before dismissing suit against allegedly-infringing dress. 		Intellectual Property 9th Jun. 6, 2018
Summers v. Superior Court
Judgment reversed where court grants partition without first resolving parties' ownership interests. 		Real Property 1DCA/1 Jun. 5, 2018
People v. Brunton
A duplicative force-likely assault conviction may be vacated because it was merely a different statement which arose from the same offense, for which defendant was also convicted. 		Criminal Law and Procedure 4DCA/1 Jun. 5, 2018
Modification: People v. Vannesse
Consent to potential DUI-scene blood testing makes such evidence admissible, though peace officer advised arrestee that his only choice was to submit to blood test. 		Criminal Law and Procedure 2DCA/6 Jun. 5, 2018
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n
State commission may not enforce public accommodation law against baker refusing gay patrons where such commission acts with 'hostility' toward genuinely-held religious beliefs. 		Constitutional Law USSC Jun. 5, 2018
Hughes v. U.S.
Defendant may seek sentencing reduction under 18 U. S. C. Section 3582(c)(2) where court partly relies on defendant’s Federal Sentencing Guidelines range in imposing sentence or accepting Type-C plea agreement. 		Criminal Law and Procedure USSC Jun. 5, 2018
Koons v. U.S.
Petitioners do not qualify for sentence reductions because their sentences were not 'based on' their lowered Federal Guidelines ranges. Instead, their sentences were 'based on' their mandatory minimums and on their substantial assistance to the Government. 		Criminal Law and Procedure USSC Jun. 5, 2018
Lamar, Archer & Cofrin, LLP v. Appling
Statements as to single asset can constitute statements 'respecting debtor's financial condition,' and thus may need to be documented in writing before a creditor can preclude bankruptcy discharge. 		Bankruptcy USSC Jun. 5, 2018
Azar v. Garza
Claim for injunctive relief vacated as moot, where plaintiff seeking relief voluntarily moots the action. 		Constitutional Law USSC Jun. 5, 2018
U.S. v. King
Appeal dismissed as moot where defendant who challenges revocation of supervised release does not show proof of ongoing collateral consequences from revocation. 		Criminal Law and Procedure 9th Jun. 5, 2018
Luther v. Berryhill
ALJ erred where sufficient weight was not given to 100 percent disability rating rendered by VA, and where sufficient reasons were not given to justify action. 		Administrative Agencies 9th Jun. 5, 2018
In Re Fagerdala USA-Lompoc Inc.
Judgment reversed and bankruptcy court order vacated where bankruptcy court fails to consider entity’s motivation for purchasing additional claims when determining whether entity acted in bad faith. 		Bankruptcy 9th Jun. 5, 2018
Hodsdon v. Mars, Inc.
Dismissal of unfair competition law suit based on child labor in chocolatier's supply. 		Consumer Law 9th Jun. 5, 2018
People v. Gonzalez
Jury’s finding on robbery murder special circumstance renders error to instruct on lesser included offenses and defenses harmless where jury would not have found differently without error. 		Criminal Law and Procedure 2DCA/4 Jun. 5, 2018
Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc.
California law provides that duty to defend may be required of insurer in negligent hiring context, even where acts of hired employee causing harm were willful. 		Insurance CASC Jun. 5, 2018
Morgan v. Superior Court
Even if a trust was worded with the intention to allow the attorney who handled the trust to withhold information from the successor trustee, such a provision violates public policy and is therefore unenforceable. 		probate_and_trusts 4DCA/3 Jun. 4, 2018
Placer Foreclosure, Inc. v. Aflalo
Dismissal of trustee’s complaint in interpleader affirmed where trustee fails to pay trustor surplus proceeds and where trustee does not face valid threat of double vexation. 		Real Property 2DCA/6 Jun. 4, 2018
Marriage of Turfe
Dissolution of marriage judgment stands where court properly denies request for annulment in face of a lack of clear and convincing evidence supporting contention that wife defrauded husband. 		Family Law 2DCA/3 Jun. 4, 2018
Gerawan Farming, Inc. v. Agricultural Labor Relations Bd.
'Outcome-determinative' test requires Agricultural Labor Relations Board to make more determinative finding that actions of farming company impacted vote of workers to decertify incumbent union, before election can be nullified. 		Labor Law 5DCA Jun. 4, 2018
Canales v. Wells Fargo Bank, N.A.
Summary judgment in favor of employer affirmed where employer that furnishes employee’s wage statements before Section 226 (a)’s ‘semimonthly deadline’ complies with statute. 		Employment Law 2DCA/5 Jun. 4, 2018
Abbott Laboratories v. Superior Court
Pursuant to the California Constitution, a District Attorney has no authority to sue on behalf of all Californians; DA merely has jurisdiction over the County he or she serves. 		Attorneys 4DCA/1 Jun. 4, 2018
People v. Medina
Judgment affirmed where trial court properly uses its discretion under Penal Code Section 17(b)(3) to refuse to reduce wobbler offense from felony to misdemeanor. 		Criminal Law and Procedure 2DCA/5 Jun. 4, 2018
U.S. v. Arpaio
Order 		9th Jun. 4, 2018
Heavenly Hana v. Hotel Union & Hotel Industry
A company assumes the unpaid withdrawal liability of its predecessor to a multiemployer pension plan if it was on constructive notice of potential withdrawal liability. 		statutory_interpretation 9th Jun. 4, 2018
Liu v. Sessions
Petition for review denied where petitioner who is sufficiently notified by immigration judge that petitioner must provide evidence to corroborate testimony fails to provide such evidence. 		Immigration 9th Jun. 4, 2018
People v. Case
Restitution fine reduced by amount of requisite direct victim restitution payment pursuant to Government Code former Section 13967(c), which was in effect at time of victim’s crimes. 		Criminal Law and Procedure CASC Jun. 1, 2018
People v. Hardy
Where prosecutor gives 'inherently plausible and reasonable' neutral reasons, supported by the record, for peremptorily dismissing African American jurors in racially-charged case, 'Batson/Wheeler' motion not denied in error. 		Criminal Law and Procedure CASC Jun. 1, 2018
People v. Penunuri
Sufficiency of evidence challenge fails where conspiracy to commit murder conviction supported by overheard statements evincing requisite state of mind. 		Criminal Law and Procedure CASC Jun. 1, 2018
Fahmy v. Jay-Z
Holder of foreign copyright who claims that moral right to prohibit derivative works of copyrighted material entitles him to standing lacks standing where federal law does not recognize right asserted. 		Copyright 9th Jun. 1, 2018
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