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Name Category Published
Lozano-Arredondo v. Sessions
Petition for review granted, where record of conviction is inadequate to determine whether petitioner was convicted of crime involving moral turpitude. 		Immigration 9th Aug. 9, 2017
Amended Opinion: Sandoval v. Sessions
Oregon conviction for delivering heroin does not constitute aggravated felony that would render petitioner ineligible for cancellation of removal. 		Immigration 9th Aug. 9, 2017
Order and Amended Opinion: Andres v. Marshall
Prisoner is deemed to have exhausted available administrative remedies when prison officials fail to respond to his grievance, thus permitting excessive force action to proceed. 		Criminal Law and Procedure 9th Aug. 9, 2017
Arnaudo Brothers v. Agricultural Labor Relations Board
Where a party raises a disclaimer defense to an unfair labor practices claim based on failure to bargain, a labor organization's disclaimer of interest must be clear and unequivocal. 		Labor Law California Courts of Appeal Aug. 9, 2017
Marriage of Florencia B. and Garcia
Putative wife’s dissolution action and nullity action do not involve the same primary rights; hence, res judicata does not bar relief in latter action. 		Family Law California Courts of Appeal Aug. 8, 2017
DLS Precision Fab LLC v. U.S. Immigration & Customs Enforcement
Review largely denied over company’s challenge over administrative law judge’s summary determination of multiple violations of immigration law and penalties resulting therefrom. 		Immigration 9th Aug. 8, 2017
City of Pomona v. SQM North America Corp.
In action alleging contamination of water supply, city wins new trial due to district court’s abuse of discretion with respect to both admission and exclusion of experts’ testimony. 		Evidence 9th Aug. 8, 2017
Hoag Memorial Hospital Presbyterian v. Price
Secretary of Health and Human Services errs in approving state plan amendment to Medicaid program without first requiring compliance with statute. 		Health Care 9th Aug. 8, 2017
City of Culver City v. Cohen
Department of Finance is unable to obtain mandamus relief for unauthorized asset transfers under the Dissolution Law where State Controller’s ‘asset transfer review process’ is the appropriate remedy. 		Municipal Law California Courts of Appeal Aug. 8, 2017
Hill v. Xerox Business Services
Order 		Employment Law 9th Aug. 8, 2017
Klein v. City of Beverly Hills
Discovery rule applies to judicial deception claim where police’s alleged misleading acts and misrepresentations may not be readily apparent at time of search. 		Civil Rights 9th Aug. 7, 2017
Ayala v. Dawson
Collateral estoppel bars tenant from asserting fraud claim in action filed against landlord because it was identical to his fraud defense in unlawful detainer action. 		Civil Procedure California Courts of Appeal Aug. 7, 2017
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 California Courts of Appeal Aug. 7, 2017
D.W., a Minor
Juvenile’s suppression motion erroneously denied in light of ‘Macabeo’ where warrantless search was incident to minor violation. 		Juveniles California Courts of Appeal Aug. 4, 2017
In re Travis C.
Court properly assumed jurisdiction over child under Welfare and Institutions Code 300(b)(1) where mother’s mental illness created ‘substantial risk’ of serious physical harm 		Juveniles California Courts of Appeal Aug. 4, 2017
Esparza v. KS Industries L.P.
In employment dispute, PAGA claims seeking civil penalties are not subject to arbitration whereas claims to recover wages under Labor Code Section 558 are subject to arbitration. 		Arbitration California Courts of Appeal Aug. 4, 2017
People v. Echavarria
First-degree murder conviction overturned due to juror misconduct where several jurors discussed extraneous information concerning sufficient punishment for defendant during guilt phase of trial. 		Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
Barnes v. Federal Aviation Administration
Opponents of new runway construction at Oregon airport unsuccessful in obtaining petition for review of FAA’s finding that runway would have no significant impact on environment. 		Administrative Agencies 9th Aug. 4, 2017
Mendoza v. Nordstrom
An employee is entitled to one day of rest per each seven day work week; ‘consecutive days of work that stretch across more than one work week are not per se prohibited.’ 		Labor Law 9th Aug. 4, 2017
Conservatorship of K.W.
In case involving appointment of conservatorship, permitting jury to consider case-specific hearsay testimony of psychiatrist violates ‘Sanchez,’ but reversal not warranted where error is harmless. 		Conservatorship California Courts of Appeal Aug. 4, 2017
People v. Gandy
Upon reconsideration, defendant still unsuccessful in challenging prior out-of-state convictions, where plea was voluntary and intelligent under totality of the circumstances. 		Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
Modification: People v. Roberts
Answers regarding gang affiliation elicited during arrest intake, prior to 'Miranda' warnings, may not be admitted to substantiate gang affiliation enhancement. 		Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
Amended Opinion: Window Rock Unified School District v. Reeves
Tribal proceedings improperly halted where Navajo Nation Labor Commission probably had jurisdiction over employment-related claims against school districts operating on leased tribal land. 		Native American Affairs 9th Aug. 4, 2017
In re L.L.
Uniform Parentage Act Section 7612(c) applies where there is an existing relationship between third parent and a child, and when recognizing only two parents would be detrimental to a child. 		Juveniles California Courts of Appeal Aug. 4, 2017
Villa v. Maricopa County
Dismissal of putative class action brought against state actors challenging Arizona’s wiretapping statute upheld, albeit on different grounds. 		Civil Rights 9th Aug. 3, 2017
Goncalves v. Rady Childrens Hospital San Diego
In resolving dispute over whether insured’s motion to expunge insurance carrier’s subrogation lien is properly in state or federal court, remand reversed because action properly filed in federal court. 		Civil Procedure 9th Aug. 3, 2017
People v. Singh
A court may consider the credibility and materiality of newly discovered evidence when ruling on a retrial motion that is based on new evidence. 		Criminal Law and Procedure California Courts of Appeal Aug. 3, 2017
J.C., a Minor
Lifetime sex offender registration for juvenile based on commission of sodomy on a five-year-old victim, does not constitute cruel and unusual punishment. 		Juveniles California Courts of Appeal Aug. 3, 2017
Baker v. Italian Maple Holdings LLC
Arbitration agreement containing statutory ‘cooling off’ period is effective immediately upon execution; signatory’s death occurring before period does not render agreement unenforceable absent other grounds. 		Arbitration California Courts of Appeal Aug. 2, 2017
Modification: I.F., a Minor
Juvenile's motion to seal records erroneously denied where court applied former statute instead of statute that governed such motions at time it finally decided motion. 		Juveniles California Courts of Appeal Aug. 2, 2017
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