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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
People v. Perez
Trial court can consider preliminary hearing testimony in determining as part of its second prima facie review under Penal Code Section 1170.95(c), whether petitioner has made showing he is entitled to relief. 		statutory_interpretation 2DCA/7 Sep. 23, 2020
McShannock v. JP Morgan Chase Bank
The Home Owners' Loan Act of 1933 and its implementing regulations preempted California's law requiring at least 2 percent interest payments on escrow accounts. 		Civil Procedure 9th Sep. 23, 2020
Allen v. Ives
Order 		9th Sep. 23, 2020
In re King
Proposition 57 does not exclude sex offender registrants from early parole consideration based on prior convictions, because early parole consideration must be based solely on present offense of conviction. 		Criminal Law and Procedure 4DCA/2 Sep. 22, 2020
Modification: Riverside County Transportation Comm. v. Southern California Gas Co.
Once County Transportation Commission terminated Gas Company's licenses for pipelines that stood in the way of new rail line, Gas Company could be held liable for trespass. 		Utilities 4DCA/2 Sep. 21, 2020
People v. Superior Court (Reagan)
District Attorney filed its Civil Procedure Section 170.6 motion more than ten days after notice of the assignment; thus, the peremptory challenge was untimely. 		Civil Procedure 2DCA/5 Sep. 21, 2020
People v. Kurianski
When parolee admits parole violation for specified sentence and expressly waives his right to preliminary and final parole hearings, he waives his statutory right to have preparation of written report. 		Criminal Law and Procedure 2DCA/2 Sep. 21, 2020
Oakland Bulk and Oversized Terminal, LLC v. City of Oakland
Defendant's anti-SLAPP motion had no merit because plaintiffs' complaint was not based on protected activity. 		Anti-SLAPP 1DCA/2 Sep. 21, 2020
People v. DeCasas
Trial court properly granted defendant's motion to dismiss petition under Sexually Violent Predator Act because it was filed 13 years ago and thus, deprived him of his due process right to speedy trial. 		Criminal Law and Procedure 2DCA/1 Sep. 21, 2020
Tinian Women Association v. U.S. Dept. of the Navy
Navy's deferral of consideration of cumulative impacts to a future environmental impact statement was not error. 		Environmental Law 9th Sep. 21, 2020
SEIU Local 121RN v. Los Robles Regional Medical Center
Pursuant to authority under 'Granite Rock Co. v. Int'l Bhd. Of Teamsters,' district court was responsible for whether grievance filed by plaintiff was arbitrable. 		Arbitration 9th Sep. 21, 2020
Amended Opinion: Dominguez v. Barr
Petitioner's state conviction of manufacturing marijuana was categorical match to aggravated felony drug trafficking offense under Controlled Substances Act; thus, petitioner was removable. 		Immigration 9th Sep. 21, 2020
Laver v. Credit Suisse Securities (USA)
FINRA Rule 13204(a)(4)'s prohibition on enforcing arbitration agreements directed at class claims was inapplicable to class waivers. 		Arbitration 9th Sep. 21, 2020
People v. D.C.
Although defendant's possession of controlled substance conviction was set aside after he pled no contest and completed treatment, it still existed for purposes of sealing his arrest records. 		statutory_interpretation 5DCA Sep. 18, 2020
U.S. v. Qazi
In this circuit an indictment missing an essential element that is properly challenged before trial must be dismissed. 		Criminal Law and Procedure 9th Sep. 18, 2020
Safaryan v. Barr
Board of Immigration Appeals correctly determined that petitioner's conviction under California Penal Code Section 245(a)(1) was for a crime involving moral turpitude. 		Immigration 9th Sep. 18, 2020
People v. Cruz Cruz
Appellant's marijuana-related conditions of probation were stricken because they were neither related to the crime of conviction nor were they reasonably related to preventing appellant's future criminality. 		Criminal Law and Procedure 1DCA/5 Sep. 17, 2020
Mejia v. DACM Inc.
Trial court properly found the arbitration provision unenforceable under 'McGill v. Citibank, N.A.' 		Arbitration 4DCA/3 Sep. 17, 2020
Belgau v. Inslee
In the face of plaintiffs' voluntary agreement to pay union dues and in the absence of any legitimate claim of compulsion, the district court correctly dismissed plaintiffs' First Amendment claim. 		Civil Rights 9th Sep. 17, 2020
Bare v. Barr
Although immigration judge did not analyze crime's elements in isolation, he referenced facts that went directly to each element in his analysis as supporting the conclusion that petitioner's conviction constituted particularly serious crime. 		Immigration 9th Sep. 17, 2020
In re Gardens Regional Hospital and Medical Center Inc.
California's fee-for-service payments made to debtor constituted a setoff that was subject to restrictions of Bankruptcy Code and was not a permissible equitable recoupment. 		Bankruptcy 9th Sep. 17, 2020
Parkford Owners for a Better Community v. County of Placer
Completion of challenged expansion rendered moot plaintiff's challenge to County's issuance of building permit authorizing construction of expansion. 		Civil Procedure 3DCA Sep. 17, 2020
Nealy v. County of Orange
Trial court properly sustained the demurrer on the grounds that County was immune from liability under Government Code Section 831.4. 		Civil Procedure 4DCA/3 Sep. 16, 2020
Brue v. Shabaab
Trial court lacked personal jurisdiction over defendant because plaintiffs did not allege contacts between defendant and California sufficient to warrant the exercise of general or specific personal jurisdiction. 		Civil Procedure 2DCA/7 Sep. 16, 2020
People v. Henderson
The decision whether to call certain witnesses is a matter of trial tactics and strategy which a reviewing court generally may not second guess. 		Criminal Law and Procedure 2DCA/7 Sep. 16, 2020
Aerotek v. Johnson Group Staffing Co.
Attorney fees awarded under Civil Code Section 3426.4 (exceeding fees the client already paid) belong to attorneys who labored to earn them, absent enforceable agreement to contrary. 		Attorneys 3DCA Sep. 16, 2020
Sanchez v. Martinez
Although trial court mistakenly deprived plaintiffs from choosing their preferred course of recovery, plaintiffs were not prejudiced in being forced to take option that maximized their recovery. 		Employment Law 3DCA Sep. 15, 2020
Mayron v. Google LLC
Automatic renewal law under Business and Professions Code Section 17600 does not create a private right of action to enforce the statute. 		statutory_interpretation 6DCA Sep. 15, 2020
People v. Superior Court (Frezier)
Calculation of maximum term of commitment for persons committed to state hospital under Penal Code Section 1026 includes credits for days served in actual custody and conduct credits under Section 4019. 		statutory_interpretation 4DCA/1 Sep. 15, 2020
Murray v. UPS Capital Insurance Agency, Inc.
Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance. 		Torts 4DCA/3 Sep. 15, 2020
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