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Name Category Published
Montanore Minerals Corp. v. Bakie
District court abuses discretion in failing to stay federal case in deference to pending state court proceedings. 		Civil Procedure 9th Aug. 17, 2017
Ponte v. County of Calaveras
Promissory estoppel theory may only succeed in contract action against public entity in special instance where ‘justice clearly requires.’ 		Contracts 3DCA Aug. 17, 2017
In re Trever P.
Mother’s surreptitious recording of her minor son and his abuser properly admitted under exception from Penal Code Section 633.5. 		Criminal Law and Procedure 5DCA Aug. 16, 2017
People v. Pineda
Section 4 of the Public Safety and Rehabilitation Act of 2016 applies retroactively to juvenile defendants convicted of murder. 		Criminal Law and Procedure 2DCA/5 Aug. 16, 2017
Anderson v. Rainsdon (In re Anderson)
Debtors’ contingent right to real estate sales commission constitutes estate property under Bankruptcy Code regardless of any distinction in state law. 		Bankruptcy BAP Aug. 16, 2017
Williby v. Aetna Life Insurance Co.
In ERISA action, review of plan administrator’s denial of short-term disability benefits to Boeing’s employee under wrong standard warrants remand. 		Civil Procedure 9th Aug. 16, 2017
County of Orange v. Cole
Sperm donor who held child out as his own unable to duck child support and designation as presumed father. 		Family Law 4DCA/3 Aug. 16, 2017
Sakumar v. City of San Diego
Plaintiff erroneously denied attorney fees under Public Records Act where substantial evidence supported that timing of City’s additional disclosure was triggered by court-ordered depositions. 		Public Records Act 4DCA/1 Aug. 16, 2017
Sviridov v. City of San Diego
In wrongful termination action, city-employer properly awarded costs where plaintiff rejects multiple settlement offers and fails to obtain more favorable result. 		Civil Procedure 4DCA/1 Aug. 16, 2017
Frealy v. Reynolds
Where trust pays entirely from principal, bankruptcy trustee may reach up to full amount of any distributions 'currently' payable to a beneficiary or may reach up to 25 percent of future payments made to beneficiary. 		Bankruptcy 9th Aug. 16, 2017
Robins v. Spokeo Inc.
Concrete injury sufficiently alleged where plaintiff shows defendant violated federal statute that protects ‘concrete interests’ and that violation caused risk of ‘real harm.’ 		Constitutional Law 9th Aug. 16, 2017
Hovannisian v. First American Title Insurance Co.
Purchasers of foreclosed property who later discover first deed of trust on property unsuccessful in challenging favorable ruling in title insurance company’s favor. 		Insurance 5DCA Aug. 15, 2017
Jacobs v. Coldwell Banker Residential Brokerage Co.
Seller defeats potential buyer’s negligence claim on summary judgment where plaintiff failed to properly plead additional theory of liability. 		Torts 2DCA/6 Aug. 15, 2017
Modification: Towery v. State
State not liable to former inmate for contracting valley fever while incarcerated in Kern Valley State Prison. 		Immunity 2DCA/1 Aug. 15, 2017
People v. Financial Casualty & Surety Inc.
Surety entitled to relief from bond forfeiture where defendant was placed in custody within 185-day appearance period and surety took reasonable steps to seek relief. 		Criminal Law and Procedure 1DCA/3 Aug. 14, 2017
People v. Brown
Defendant unsuccessful in challenging conviction for human trafficking, where Proposition 35 does not prohibit treating victim as uncharged coconspirator under coconspirator exception to hearsay rule. 		Criminal Law and Procedure 3DCA Aug. 14, 2017
PEM Entities LLC v. Levin
Order 		USSC Aug. 14, 2017
Energy Ins. Mutual Ltd. v. Ace American Ins. Co.
Insured covered for ‘ordinary acts of negligence resulting in bodily injuries’ unless a professional liability exclusion ‘conspicuously, plainly and clearly’ provides that ‘acts of professional negligence will not be covered.’ 		Insurance 1DCA/4 Aug. 14, 2017
Modification: Scher v. Burke
Civil Code Section 1009 preclude both recreational and non-recreational public use of non-coastal property from ripening into an implied dedication of a public road. 		Real Property CASC Aug. 11, 2017
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. 		Civil Procedure 4DCA/2 Aug. 11, 2017
People v. Calavano
Order 		CASC Aug. 11, 2017
Quigley v. Garden Valley Fire Protection District
Order 		CASC Aug. 11, 2017
Cross v. Facebook
Plaintiff must show that defendant used plaintiff’s identity in order to prevail under a common law right of publicity claim. 		Anti-SLAPP 1DCA/2 Aug. 11, 2017
U.S. v. Smith
Relators’ motion to intervene in criminal action properly denied, where False Claim Act’s ‘alternate remedy’ provisions do not permit intervention. 		Criminal Law and Procedure 9th Aug. 11, 2017
Asarco LLC v. Atlantic Richfield Co.
Ninth Circuit provides clarity to CERCLA contribution action by addressing three issues of first impression and reverses dismissal of contribution action involving East Helena Superfund Site. 		Environmental Law 9th Aug. 11, 2017
Towery v. State
State not liable to former inmate for contracting valley fever while incarcerated in Kern Valley State Prison. 		Immunity 2DCA/1 Aug. 11, 2017
Surfrider Foundation v. Martins Beach 1 LLC
In action challenging closure of public access to beach, landowners unsuccessful in challenging adverse rulings. 		Environmental Law 1DCA/5 Aug. 11, 2017
Curci Investments v. Baldwin
Reverse veil piercing relief sought by judgment creditor to hold LLC liable as judgment debtor erroneously denied based on improper application of ‘Postal Instant.’ 		Corporations 4DCA/3 Aug. 11, 2017
Parrish v. Latham & Watkins
Probable cause is established where a trial court rules in favor of the plaintiff in the underlying action, even if a subsequent ruling overturns the initial ruling. 		Anti-SLAPP CASC Aug. 11, 2017
Light v. California Dept. of Parks and Recreation
Employee may maintain emotional distress and retaliation claims against state department despite workers’ compensation scheme’s exclusivity provisions. 		Employment Law 4DCA/1 Aug. 10, 2017
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