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Modification: Orange Co. Water Dist. v. Sabic Innovative Plastics
Regulatory agency plaintiff may seek reimbursement costs under the Carpenter-Presley-Tanner Hazardous Substance Account Act even if plaintiff is not jointly liable for those costs. 		Environmental Law 4DCA/1 Aug. 28, 2017
Alamillo v. BNSF Railway Co.
Locomotive engineer’s disability discrimination claim falters absent any evidence that his alleged disability, as opposed to his absenteeism, factored in his dismissal. 		Employment Law 9th Aug. 28, 2017
First Amendment Coalition v. United States Dept. of Justice
In action seeking disclosure of government memoranda regarding legality of targeted killings of U.S. citizen terrorists, district court errs in denying plaintiff who ‘substantially prevailed’ attorney fees. 		Government 9th Aug. 28, 2017
Marriage of Mendoza and Cuellar
Ex-wife’s request to make permanent spousal support retroactive to date of filing divorce petition greatly limited by statue and properly denied. 		Family Law 4DCA/3 Aug. 28, 2017
U.S. v. Robinson
Error in concluding that defendant’s conviction for Washington crime of second-degree assault is ‘crime of violence’ results in vacated sentence and remand. 		Criminal Law and Procedure 9th Aug. 28, 2017
U.S. v. Walter-Eze
Defendant must show prejudice under ‘Strickland v. Washington’ even if an actual conflict of interest exists, where ‘Cuyler v. Sullivan’s’ prejudice standard is in applicable. 		Criminal Law and Procedure 9th Aug. 28, 2017
Berezovsky v. Bank of America
Federal Foreclosure Bar preempts Nevada law to prevent homebuyer from purchasing foreclosed property to which Federal Housing Finance Agency had a claim. 		Real Property 9th Aug. 28, 2017
People v. Romero
Failure to remove juror, who had substantial relationship with sexual assault victim amounting to ‘actual bias,’ constitutes constitutional error that warrants reversal of convictions. 		Criminal Law and Procedure 2DCA/1 Aug. 25, 2017
Riddell Inc. v. Superior Court (Ace American Insurance Co.)
In dispute over insurance coverage for products liability action, football helmet manufacturers win partial victory in discovery dispute with insurers. 		Insurance 2DCA/7 Aug. 25, 2017
Ramirez v. City of Gardena
Vehicle Code Section 17004.7(b)(2) does not require public agency employing peace officers to prove that each of its officers have ‘received, read, and understand’ the agency’s vehicular pursuit policy. 		Immunity 2DCA/1 Aug. 25, 2017
Heimlich v. Shivji
Order 		6DCA Aug. 25, 2017
Meza v. Portfolio Recovery Associates
Order 		CASC Aug. 25, 2017
City of Morgan Hill v. Bushey (River Park Hospitality)
Order 		6DCA Aug. 25, 2017
People v. Ledesma
Rapist fails to overturn One Strike Law sentence enhancement on vagueness grounds by likening California’s asportation requirement with federal statute found impermissibly vague. 		Criminal Law and Procedure 4DCA/1 Aug. 25, 2017
Disney Enterprises Inc. v. VidAngel Inc.
VidAngel not exempt from liability for copyright infringement under Family Movie Act for streaming filtered version of ‘ripped’ copyright materials. 		Intellectual Property 9th Aug. 25, 2017
Sprunk v. Prisma LLC
Employer’s motion to compel arbitration properly denied, where it waives right to compel arbitration against class members by deciding not to seek arbitration against named plaintiff. 		Arbitration 2DCA/1 Aug. 25, 2017
Briggs v. Brown
Proposition 66--the Death Penalty Reform and Savings Act of 2016--upheld despite concerns over separation of powers, where measure’s stated deadlines are directive rather than mandatory. 		Criminal Law and Procedure CASC Aug. 25, 2017
Hampton v. Pacific Investment Management Co. LLC
Dismissal of securities class action under Securities Litigation Uniform Standards Act is without prejudice where such dismissal involved jurisdictional issue rather than merits. 		Securities 9th Aug. 25, 2017
DZ Bank AG Deutsche Zentral- Genossenschaft Bank v. Meyer
Creditor may recover full amount of debtor’s non-dischargeable debt resulting from fraudulent asset transfers. 		Bankruptcy 9th Aug. 25, 2017
Cal Sierra Development Inc. v. George Reed Inc.
Res judicata precludes action against licensee following arbitration that resulted in unfavorable judgment for plaintiff where licensee was privy to party that prevailed in arbitration. 		Civil Procedure 3DCA Aug. 24, 2017
OTO LLC v. Kho
Denial of employer’s petition to compel arbitration of employee’s claim for unpaid wages reversed, where arbitration proceeding is not substantively unconscionable. 		Arbitration 1DCA/1 Aug. 24, 2017
Walker v. Appellate Division of the Superior Court (People)
Criminal restitution order covering victim’s actual loss improperly overturned by trial court’s appellate division, which erroneously relied on calculation applicable to civil actions. 		Remedies 2DCA/5 Aug. 24, 2017
In re Marriage of Parker
Father unsuccessful in arguing that doctrine of laches applies to discharge child support arrears owed to county department of child support services. 		Family Law 4DCA/2 Aug. 24, 2017
Los Angeles Lakers Inc. v. Federal Insurance Co.
Claim under Telephone Consumer Protection Act is fundamentally invasion of privacy claim; insurer properly denied coverage under policy broadly excluding actions arising from invasion of privacy. 		Consumer Law 9th Aug. 24, 2017
In re D.H.
Juvenile court must make parental unfitness or detriment finding by clear and convincing evidence before terminating parent’s rights. 		Dependency 4DCA/2 Aug. 24, 2017
Kennedy v. Bremerton School District
High school football coach ordered to stop praying on football field after games unsuccessful in obtaining preliminary injunction allowing him to continue praying. 		Civil Rights 9th Aug. 24, 2017
Modification: PGA West Residential Association Inc. v. Hulven International Inc.
Demurrer improperly overruled, where allegedly fraudulent acts are governed by Uniform Fraudulent Transfer Act’s seven year statute of repose. 		Criminal Law and Procedure 4DCA/2 Aug. 24, 2017
Airline Service Providers Association v. Los Angeles World Airports
City of Los Angeles acts as market participant in requiring airport businesses to agree to ‘labor peace agreement’ and is not preempted by federal labor statutes. 		Labor Law 9th Aug. 24, 2017
Bracken v. Chung
In action alleging police officer working at private event failed to intercede to prevent assault, court errs in granting summary judgment to officer based on qualified immunity. 		Civil Rights 9th Aug. 24, 2017
Marinelarena v. Sessions
Petitioner cannot use inconclusive record to carry burden of proof where petitioner attempts to demonstrate eligibility for cancellation of removal. 		Immigration 9th Aug. 24, 2017
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