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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Odell v. U.S. Dept. of Health & Human Services
Because plaintiff did not present his claim to Secretary of Health and Human Services, district court lacked subject matter jurisdiction. 		Administrative Agencies 9th Apr. 28, 2021
Tobias v. Arteaga
Detectives were entitled to qualified immunity because it was not clearly established their interrogation tactics 'shocked the conscience' when used over short period of time. 		Criminal Law and Procedure 9th Apr. 28, 2021
Alaska v. Wright
Habeas petitioner does not remain 'in custody' under conviction after sentence imposed has fully expired, merely because of possibility that prior conviction will be used to enhance sentences imposed for any subsequent crimes. 		statutory_interpretation USSC Apr. 27, 2021
U.S. v. Olsen
District court's interpretation of Speedy Trial Act's ends of justice provision--that continuances are appropriate only if holding a criminal jury trial would be impossible--was incorrect. 		Constitutional Law 9th Apr. 27, 2021
U.S. v. Torres
Because district court considered defendant's detention in granting ends-of-justice continuances, defendant's pretrial detention was properly tolled under the Speedy Trial Act. 		statutory_interpretation 9th Apr. 27, 2021
Felczer v. Apple
Postjudgment interest on award of prejudgment costs begins to run on date of judgment or order that establishes right of party to recover particular cost item, even if dollar amount hasn't been determined. 		Remedies 4DCA/1 Apr. 27, 2021
Stop Syar Expansion v. County of Napa
Trial court correctly ruled that appellant failed to exhaust its administrative remedies as to water quality issues. 		Environmental Law 1DCA/1 Apr. 27, 2021
Dunlap v. Mayer
Probate court abused its discretion when it dismissed petition at case management conference, without evidentiary hearing to resolve contested facts. 		probate_and_trusts 4DCA/1 Apr. 27, 2021
U.S. v. Ayala-Bello
Federal government did not violate defendants' right to equal protection when it prosecuted defendants for illegal entry on normal criminal docket instead of Central Violations Bureau process. 		Criminal Law and Procedure 9th Apr. 27, 2021
Sierra Club v. United States Fish and Wildlife Service
Order 		9th Apr. 27, 2021
Bolin v. Baker
Habeas case decided after district court's decision held that ineffective assistance of counsel by petitioner's state-court counsel satisfies 'good cause' standard under 'Rhines v. Weber' for failure to exhaust. 		Criminal Law and Procedure 9th Apr. 27, 2021
Marriage of Maher and Strawn
Trial court may appropriately consider supporting spouse's payment of adult children's college expenses in determining ability to pay spousal support. 		Family Law 4DCA/1 Apr. 26, 2021
Crayton v. FCA US LLC
Residual value of leased vehicle was not included in plaintiff's restitution because lease did not require plaintiff to acquire title to vehicle; thus, residual value was not 'actual price payable' by plaintiff. 		Remedies 2DCA/5 Apr. 26, 2021
People v. Flores
In determining whether to strike gun enhancement, trial judge properly considered seriousness of injury and degree of danger defendant posed to public. 		Criminal Law and Procedure 4DCA/2 Apr. 26, 2021
Sperring v. LLR, Inc.
Voluntary dismissal of claims following an order compelling arbitration does not create appellate jurisdiction. 		Civil Procedure 9th Apr. 26, 2021
Gomez v. The Regents of the University of California
Wage Order No. 4 does not apply to Regents of the University of California because it is neither a political subdivision nor a listed entity, but a public trust. 		Employment Law 4DCA/1 Apr. 26, 2021
People v. DeHuff
Although there was substantial evidence that defendant committed second degree murder on implied malice theory, it was not sufficient to preclude him relief under Senate Bill 1437 as matter of law. 		Criminal Law and Procedure 2DCA/5 Apr. 26, 2021
AMG Capital Management, LLC v. FTC
Section 13(b) of Federal Trade Commission Act does not authorize Federal Trade Commission to seek, or court to award, equitable monetary relief such as restitution or disgorgement. 		statutory_interpretation USSC Apr. 23, 2021
Carr v. Saul
Issue-exhaustion requirements erroneously imposed on petitioners' Appointments Clause claims because such claims are purely constitutional claims and fall outside administrative law judges' area of technical expertise. 		Administrative Agencies USSC Apr. 23, 2021
Jones v. Mississippi
Sentencer need not make separate factual finding of permanent incorrigibility before sentencing murderer under 18 to life without parole. 		statutory_interpretation USSC Apr. 23, 2021
Sanchez v. Davis
Counsel was not ineffective for failing to investigate and present evidence from jailhouse informant because that testimony would still have supported prosecution's theory that defendant aided and abetted murders. 		Criminal Law and Procedure 9th Apr. 23, 2021
Patients Mutual Assistance Collective v. Commissioner of Internal Revenue
Tax Court did not err in concluding that plaintiff's inventory cost is determined by Treas. Reg. Section 1.471-3(b), which applies to purchaser and reseller of the products it sells. 		Tax 9th Apr. 23, 2021
In re A.T.
Juvenile court correctly found that Indian Child Welfare Act is inapplicable when Indian child is removed from one parent and placed with another. 		Dependency 1DCA/3 Apr. 22, 2021
Ruegg & Ellsworth v. City of Berkeley
Government Code Section 65913.4(a)(7)(C) applies to 'historical structures' and does not apply to landmarks that are 'sites' or 'resources.' 		Government 1DCA/2 Apr. 22, 2021
Truck Insurance Exchange v. Federal Insurance Company
Trial court properly denied appellant's anti-SLAPP motion because plaintiff established probability of prevailing on its fraud claim. 		Anti-SLAPP 2DCA/8 Apr. 22, 2021
People v. Braden
Defendant is ineligible for pretrial diversion under Penal Code Section 1001.36 after his trial begins, so trial court properly denied his request. 		Criminal Law and Procedure 4DCA/2 Apr. 22, 2021
A.M. v. Superior Court (E.M.)
Although family court had jurisdiction when petition was filed, jurisdiction was terminated under Family Code Section 3422(a)(2) because mother and child no longer resided in state. 		statutory_interpretation 4DCA/1 Apr. 22, 2021
San Diegans for Open Government v. Public Facilities Financing
Section 90.1 of San Diego City Charter is limited to bonds issued by the City, as opposed to the Financing Authority. 		statutory_interpretation 4DCA/1 Apr. 21, 2021
Modification: Wexler v. California Fair Plan Association
Daughter of named insureds could not sue for bad faith because she had no contractual relationship with California FAIR Plan Association. 		Insurance 2DCA/8 Apr. 21, 2021
Citizens of Humanity, LLC v. Ramirez
Dismissal due to technical or procedural ground, such as pursuant to settlement agreement, is not considered favorable termination for purposes of malicious prosecution. 		Anti-SLAPP 2DCA/5 Apr. 21, 2021
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