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Name Category Published
Retzloff v. Moulton Parkway Residents' Assn.
Pursuant to Code of Civil Procedure, unless statute specifically provides for attorney fees award, trial court may not award fees as part of cost award. 		Civil Procedure 4DCA/3 Aug. 24, 2017
People v. Halim
Defendants convicted of federal crimes related to their involvement in human trafficking unsuccessful in arguing that Double Jeopardy Clause bars subsequent state prosecution. 		Criminal Law and Procedure 2DCA/4 Aug. 23, 2017
U.S. v. Peralta Sanchez
Order 		9th Aug. 23, 2017
Amended Opinion: U.S. v. Johnson
Under MVRA, restitution may flow from events other than the count of conviction, if harm caused was part of defendant's 'scheme, conspiracy, or pattern;' plaintiff's decision not to appeal pretrial evidentiary ruling does not bar appellate review 		Remedies 9th Aug. 23, 2017
In re Google Referrer Header Privacy Litigation
Relationship between cy pres recipients and class counsel’s alma maters does not warrant reversal of approval of cy press only settlement in Google privacy class action. 		Civil Procedure 9th Aug. 23, 2017
Miller v. City of Portland
Plaintiff in a 42 U.S.C. Section 1983 action is entitled to attorney’s fees where plaintiff accepted a Rule 68 offer which plainly stated that plaintiff would receive reasonable attorney’s fees. 		Civil Procedure 9th Aug. 23, 2017
Moonin v. Tice
Denial of qualified immunity to Nevada Highway Patrol Major proper, where his sweeping policy prohibiting employee speech regarding K9 program violates troopers’ First Amendment rights. 		Civil Rights 9th Aug. 23, 2017
Shaibi v. Berryhill
Claimant must raise issue of accuracy of vocational expert’s job estimates during administrative proceedings to preserve challenge on appeal; claimant’s failure to do so constitutes waiver. 		Administrative Agencies 9th Aug. 23, 2017
U.S. V. Brito
Time served in state custody is part of defendant’s ‘term of imprisonment’ where defendant motions for sentence reduction. 		Criminal Law and Procedure 9th Aug. 23, 2017
Order and Amended Opinion: U.S. v. Job
Failure to suppress unlawfully obtained evidence results in vacated conviction for possession with intent distribute methamphetamine. 		Criminal Law and Procedure 9th Aug. 22, 2017
Curtis v. Shpak (In re Curtis)
Bankruptcy removal statute does not authorize removal of case from federal district court to bankruptcy court; to allow otherwise would undermine district court’s referral power. 		Bankruptcy BAP Aug. 22, 2017
Clayton v. Biter
Defendant’s habeas petition challenging denial of state court’s resentencing petition is not subject to ‘second or successive petition’ bar under 28 U.S.C. Section 2244(b). 		Criminal Law and Procedure 9th Aug. 22, 2017
Center for Biological Diversity v. Mattis
Plaintiffs challenging approval of military base in Japan successful in reversing motion to dismiss, where court errs in concluding they lack standing or that claim involves political question. 		Environmental Law 9th Aug. 22, 2017
U.S. V. Jesus Castillo-Mendez
In an attempted illegal reentry case, a supplemental jury instruction that incorrectly relies on ‘found in’ illegal re-entry cases instead of attempted illegal re-entry cases is confusing and erroneous. 		Criminal Law and Procedure 9th Aug. 22, 2017
People v. Button
Trial court need not issue ‘Boykin-Tahl’ admonition prior to accepting stipulation supporting serious felony allegations where stipulation carried no immediate penal consequences for defendant. 		Criminal Law and Procedure 4DCA/1 Aug. 21, 2017
In re J.P.
A dependency court abuses its discretion where it orders a parent to participate in a reunification plan that the parent cannot comply with due to the parent’s language barrier. 		Dependency 2DCA/8 Aug. 21, 2017
Popa v. Berryhill
Applicant for supplemental security income benefits successful in reversing denial of benefits, where administrative law judge improperly discounts medical professionals’ opinions. 		Administrative Agencies 9th Aug. 21, 2017
Levi v. Atossa Genetics Inc.
Plaintiffs in securities fraud class action against developer of breast cancer detection products sufficiently plead ‘falsity’ and ‘materiality,’ warranting partial reversal of dismissal. 		Securities 9th Aug. 21, 2017
Sales v. Sessions
California conviction for aiding and abetting murder under natural and probable consequences theory qualifies as aggravated felony for purposes of removal. 		Immigration 9th Aug. 21, 2017
Afewerki v. Anaya Law Group
False statement that causes ‘the least sophisticated debtor to suffer a disadvantage’ in his or her plan of action ‘in response to the collection effort’ is a material false statement that violates the FDCPA. 		Consumer Law 9th Aug. 21, 2017
Skulason v. California Bureau of Real Estate
California Bureau of Real Estate has no duty to remove information about a licensee’s dismissed convictions from its public website where petitioner fails to show that Bureau had a clear duty. 		Administrative Agencies 1DCA/1 Aug. 18, 2017
Okorie v. Los Angeles Unified School District
Anti-SLAPP motion properly granted favoring LAUSD in action involving protected and unprotected activities where protected conduct was integral to each of cause of action. 		Anti-SLAPP 2DCA/1 Aug. 18, 2017
People v. Pennington
Failure of People to prove battery victim was in fact a peace officer results in reversal of defendant’s conviction for battery on a peace officer. 		Criminal Law and Procedure CASC Aug. 18, 2017
Modification: Bridges v. Mt. San Jacinto Community College Dist.
Parties must exhaust administrative remedies before filing a California Environmental Quality Act action, where opportunity to seek remedies existed. 		Environmental Law 4DCA/2 Aug. 18, 2017
Harshad & Nasir Corp. v. Global Sign Systems
Trial court’s failure to apply correct standards in reviewing arbitrator’s award and lack of evidence supporting award lead to reversal. 		Arbitration 2DCA/1 Aug. 17, 2017
Laborin v. Berryhill
Applicant for Social Security benefits successful in winning reversal of denial of benefits due to administrative law judge’s failure to credit his symptom testimony. 		Administrative Agencies 9th Aug. 17, 2017
Order: Frlekin v. Apple Inc.
Order 		9th Aug. 17, 2017
Merrick v. Hilton Worldwide Inc.
Elderly worker fails to carry ultimate burden of persuasion in FEHA age discrimination claim under three-part ‘McDonnell-Douglas’ test. 		Employment Discrimination 9th Aug. 17, 2017
Contest Promotions LLC v. City and County of San Francisco
San Francisco’s billboard-related regulations that distinguish between commercial and noncommercial signs passes intermediate scrutiny under 'Central Hudson,' warranting dismissal of advertiser’s First Amendment claims. 		Civil Rights 9th Aug. 17, 2017
BNYM v. Watt
District court order that fails to “finally dispose of [a] discrete dispute” in a bankruptcy proceeding is not appealable. 		Bankruptcy 9th Aug. 17, 2017
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