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Modification: People v. Partee
Defendant's refusal to testify is sufficient to make defendant accessory after the fact to crime where defendant has duty to testify and intent to assist the perpetrator in avoiding punishment, trial, arrest, or conviction. 		Criminal Law and Procedure 2DCA/5 Apr. 16, 2018
People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.' 		Criminal Law and Procedure 4DCA/2 Apr. 16, 2018
Ochoa v. County of Kern
A criminal investigation, even if it was intermittently started and stopped, allows for tolling or extension of the one-year limitations period under POBRA. 		statutory_interpretation 5DCA Apr. 16, 2018
Modification: People v. Jordan
To promote judicial economy, Penal Code Section 1237.2 requires defendant to bring minor ministerial contention in original appeal that includes other, more substantial contentions. 		Criminal Law and Procedure 3DCA Apr. 16, 2018
In re Gilman
Order granting debtor homestead exemption vacated where bankruptcy court fails to determine whether debtor intended to reside in the property. 		Bankruptcy 9th Apr. 16, 2018
Day v. Lupo Vine Street
Commercial landlord who merely leases commercial space to health studio has no duty under Health and Safety Code Section 104113 or common law to acquire and maintain automated external defibrillator or to ensure that studio operator does so. 		Civil Procedure 2DCA/4 Apr. 13, 2018
People v. Fontenot
Order 		2DCA/7 Apr. 13, 2018
Birts v. Superior Court (San Mateo)
'Continuation rule' bars peremptory judicial challenge where prosecutor files second action with the same information as initial, voluntarily dismissed action, after unfavorable evidentiary rulings. 		Criminal Law and Procedure 1DCA/3 Apr. 13, 2018
Small Property Owners, etc., v. City and County of San Francisco
State law preempts local ordinance that imposes 10-year delays on housing modifications after landlords evict tenants pursuant to the state law. 		Government 1DCA/2 Apr. 13, 2018
Gordon B. v. Gomez
Court that denies motion to renew restraining order for failure to show further significant abuse errs where renewal is appropriate if and only if preponderance of evidence shows 'reasonable apprehension' of future abuse. 		Civil Procedure 2DCA/1 Apr. 13, 2018
People v. Watts
Trial court abuses its discretion by applying more exacting standard, from different Penal Code statute, to defendant's new trial motion. 		Criminal Law and Procedure 2DCA/1 Apr. 13, 2018
City and County of San Francisco v. Post
Fair Employment and Housing Act does not preempt a local housing ordinance to the extent the local ordinance outlaws discrimination based on a tenant's participation in the Section 8 rental subsidy program. 		statutory_interpretation 1DCA/2 Apr. 13, 2018
Modification: People v. Contreras
'Graham's' proscription on life-without-parole for juvenile nonhomicide offenders requires reconsideration of 50+ year sentences for 16-year-olds convicted of kidnapping and rape. 		Criminal Law and Procedure 4DCA/1 Apr. 13, 2018
Smith v. City and County of Honolulu
Testimony by lay witness that was not objected to and unsupported statements made by defense counsel during closing arguments that do not sway jury do not result in plain error. 		Civil Procedure 9th Apr. 13, 2018
Rodriguez v. Jennings
Order 		9th Apr. 13, 2018
Squire v. County of Los Angeles
Written reprimands issued by Sheriff's Department in response to formal grievance process are not subject to PROBA one-year statute of limitations period where initiation of grievance procedure is not subject to limitations period. 		Civil Procedure 2DCA/2 Apr. 12, 2018
In re Carlos J.
Where 'substantial evidence' does not demonstrate juvenile commitment will result in 'probable benefit,' must be overturned. 		Juveniles 1DCA/5 Apr. 12, 2018
Modification: People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense. 		Criminal Law and Procedure 5DCA Apr. 12, 2018
In re S.K.
Where social services office made numerous attempts to locate family members for possible placement prior to dispositional hearing, court did not err in assuming jurisdiction. 		Juveniles 4DCA/2 Apr. 12, 2018
Somers v. Digital Realty Trust Inc.
Order 		9th Apr. 12, 2018
Franceschi v. Yee
Judgment denying constitutionality of California Business and Professions Code Section 494.5 for deprivation of procedural due process rights affirmed where state provides tax delinquents with constitutional procedure to challenge amount of delinquency. 		Tax 9th Apr. 12, 2018
People v. Lopez
Where defendant appears to have no improper motive, request to retain new counsel, even after case was ongoing for two years prior to trial, should have been granted. 		Criminal Law and Procedure 1DCA/1 Apr. 12, 2018
In re Cresta Technology Corporation
Transfer of ordinary check occurs when debtor's bank honors check and not when check is delivered. 		Bankruptcy BAP Apr. 11, 2018
In re M.H.
Court faced with two good options for minor's placement does not abuse its discretion in deciding that minor's continued placement with foster family is in minor's best interests. 		Juveniles 1DCA/3 Apr. 10, 2018
In Re Westwood Plaza North
If a court determines that an appeal is frivolous, it may exercise its discretion to grant sanctions and attorney fees under Rule 38 of the Federal Rules of Appellate Procedure. 		Civil Procedure 9th Apr. 10, 2018
Garcia-Martinez v. Sessions
Theft convictions subject to BIA's former rule that theft is crime of moral turpitude if and only if it is committed with intent to permanently deprive owner of property where new BIA rule is inapplicable to case. 		Immigration 9th Apr. 10, 2018
Rizo v. Yovino
Employee's prior salary does not constitute 'factor other than sex' upon which wage differential may be based, under Equal Pay Act. 		Employment Law 9th Apr. 10, 2018
Friends of the Santa Clara River v. U.S. Army Corps of Engineers
A court cannot interject itself within the area of discretion of a governmental agency as to the choice of action taken, since that determination belongs to the agency's expertise. 		Environmental Law 9th Apr. 10, 2018
People v. Barboza
Proposition 57, which abolishes 'direct filing of criminal charges of juveniles in adult criminal court,' does not apply retroactively to defendant with final judgment. 		Criminal Law and Procedure 1DCA/1 Apr. 10, 2018
People v. Almanza
Though statutory amendment allows trial court retroactive discretion to strike previously-mandatory enhancement, no purpose to remand where trial court had evinced 'no desire to be lenient' with first degree murder defendant. 		Criminal Law and Procedure 2DCA/6 Apr. 10, 2018
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