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Name Category Published
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 Mar. 19, 2018
Petrolink, Inc. v. Lantel Enterprises
Judgment denying request to subtract value of rents paid to lessor after lessee validly exercises purchase option from property's purchase price reversed where rent obligation terminates upon exercise of option. 		Contracts 4DCA/1 Mar. 19, 2018
Corley v. San Bernardino County Fire Protection District
Trial court does not err by refusing to offer jury instruction pertaining to lead fire chiefs, where plaintiff in age discrimination suit was a division chief. 		Civil Procedure 4DCA/1 Mar. 19, 2018
Big Oak Flat-Groveland Unified School District v. Superior Court of Tuolumne
Petition granted where Government Code Section 935 allows local entity to implement its own government claim presentation requirement for claims that are exempted by presentation requirements in Section 905(m). 		statutory_interpretation 5DCA Mar. 19, 2018
Byrd v. Phoenix Police Deptartment
Courts have an obligation to construe pro se filings liberally, particularly in civil rights cases. 		Civil Rights 9th Mar. 19, 2018

Opinion 		Attorneys Mar. 19, 2018
Saheli v. White Memorial Medical Center
Arbitration agreement exception for sections 'not arbitrable' under state law does not prevent arbitration where state law is preempted by FAA. 		statutory_interpretation 2DCA/8 Mar. 16, 2018
American Bankers Management Co. v. Heryford
Arrangement allowing private plaintiff to represent public on contingency-fee basis does not violate due process where arrangement is not 'meaningfully different' from case finding that qui tam provisions of false claims act do not violate due process. 		Civil Rights 9th Mar. 16, 2018
U.S. ex rel. Solis v. Millennium Pharmaceuticals
'Original source' exception to False Claims Act prior public disclosure bar does not require relator to show he 'had a hand in' prior disclosure. 		Civil Procedure 9th Mar. 16, 2018
Wishnev v. Northwestern Mutual Life Insurance
Order 		CASC Mar. 16, 2018
Davidson v. Seterus, Inc.
Order sustaining demurrer reversed and remanded where mortgage servicers and lenders are debt collectors under the Rosenthal Fair Debt Collection Practices Act. 		statutory_interpretation 4DCA/1 Mar. 15, 2018
Ventura Content v. Motherless
Operator of pornography aggregator qualifies for DMCA safe harbor defense where he lacked actual or apparent knowledge of copyright violations and acted expeditiously to remove them from site when made aware. 		Copyright 9th Mar. 15, 2018
MMM Holdings, Inc. v. Reich
Anti-SLAPP dismissal proper where plaintiffs sued over fired employee's retention and use of work-related files in a qui tam action alleging insurance fraud against plaintiffs. 		Anti-SLAPP 4DCA/3 Mar. 14, 2018
AO Alpha-Bank v. Yakovlev
Service of process must be reasonably calculated to provide actual notice under the circumstances of the case in order to satisfy due process 		Civil Procedure 4DCA/1 Mar. 14, 2018
Marriage of Pearson
Family Code Section 271 does not preclude court from issuing order to withhold part of spousal support to satisfy sanctions. 		Family Law 4DCA/1 Mar. 14, 2018
People v. Mireles
Defendant properly convicted of robbery where he swaps price tags of items in store and swings fist at worker attempting to prevent his taking. 		Criminal Law and Procedure 2DCA/1 Mar. 14, 2018
Modification: In re Marriage of Connolly
Court order adding interest to final judgment of another state reversed where full faith and credit clause bars court from modifying final judgment. 		Family Law Mar. 14, 2018
Ponce v. Wells Fargo Bank
Complaint that asserts nonfrivolous claims cannot be presented for improper purpose under Code of Civil Procedure Section 128.7. 		Civil Procedure 3DCA Mar. 14, 2018
Thompson v. Copeland
Officer who pointed loaded gun at suspect's head entitled to qualified immunity when excessive force in such circumstances not clearly established under then-current law 		Qualified Immunity 9th Mar. 14, 2018
U.S. v. Obak
Guam is 'district' such that not constitutional violation to try defendant there when crime took place, in part, in Guam. 		Constitutional Law 9th Mar. 14, 2018
People v. Johnson
Where defendant engages in "out of control, self-destructive, and extremely odd" behavior at trial, substantial evidence requires mid-trial competency evaluation, despite court's belief that defendant was faking behavior. 		Criminal Law and Procedure 3DCA Mar. 14, 2018
In re D.P.
Welfare and Institutions Code time limit for prosecutor to institute proceedings against ward of the juvenile court is directory rather than mandatory 		Juveniles 4DCA/2 Mar. 13, 2018
In re Figueroa
Judgment of conviction for murder vacated entirely where it is reasonably probable that result would have been different without false evidence presented at trial. 		Criminal Law and Procedure 1DCA/3 Mar. 13, 2018
People v. DeHoyos
Defendants who were sentenced before Prop 47's passage, but whose judgments were not final, are not entitled to automatic resentencing. 		Criminal Law and Procedure 4DCA/1 Mar. 13, 2018
California Pacific Bank v. Federal Deposit Insurance Corporation
A financial institution must establish and maintain procedures ensuring adequate controls, independent testing, administration, and training under the Bank Secrecy Act 		Banking 9th Mar. 13, 2018
King v. County of Los Angeles
Summary judgment in favor of county official in official’s individual capacity affirmed where official is not personally involved in constitutional deprivation and there is no causal connection between official’s conduct and violation. 		Civil Rights 9th Mar. 13, 2018
Orr v. Plumb
Special verdict was a full adjudication of the issues, starting 150-day appellate timeline of Rule 58 of Federal Rules of Appellate Procdure; appeal filed more than 30 days thereafter was thus untimely. 		Civil Rights 9th Mar. 13, 2018
Dean v. Friends of Pine Meadow
Claims do not arise from commercial speech where speech alleged fails to satisfy 'Kasky v. Nike' elements for distinguishing commercial speech. 		Anti-SLAPP 1DCA/4 Mar. 12, 2018
U.S. v. Aguilar Diaz
District court must reconsider minor-role adjustment, where it erroneously assumed it could only consider defendant's role in drug smuggling in relation to identified individuals, and not against unknown individuals running operations. 		Criminal Law and Procedure 9th Mar. 12, 2018
Olympic Forest Coalition v. Coast Seafoods
Pollutants discharged from non-concentrated aquatic animal production facilities through pipes, ditches, and channels are point sources requiring permit under Clean Water Act. 		statutory_interpretation 9th Mar. 12, 2018
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