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Name Category Published
Heimlich v. Shivji
Statutory arbitration scheme provided no recourse for vacation or correction where arbitrator refused, mistakenly or not, to award costs based on a belief in lack of jurisdiction. 		Arbitration CASC May 31, 2019
Plantier v. Ramona Municipal Water Dist.
Party may challenge method used to calculate fee without first having participated in Proposition 218 hearing called to consider rate increase; Proposition 218 hearing does not provide adequate remedy for methodological challenge. 		Administrative Agencies CASC May 31, 2019
Southern Cal. Gas Leak Cases
Plaintiffs' negligence claims for lost earnings stemming from massive gas leak rejected; purely economic losses suffered from mere proximity to industrial accident create intractable line-drawing problems for courts. 		Torts CASC May 31, 2019
Amended Opinion: Sierra Club v. USFWS
U.S. Department of Fish and Wildlife Services and the National Marine Fisheries Service's April 2014 draft jeopardy opinion was pre-decisional and deliberative; thus, exempt from Freedom of Information Act. 		Environmental Law 9th May 31, 2019
U.S. v. Graves
Penal Code Section 4573.6 was overbroad and not divisible, so defendant's prior conviction did not qualify as a predicate drug trafficking offense triggering a mandatory term of life imprisonment. 		Criminal Law and Procedure 9th May 31, 2019
In Re Holl
The district court did not clearly err by determining that plaintiff assented to terms on store website which incorporated an arbitration clause; thus writ of mandamus petition was denied. 		Arbitration 9th May 31, 2019
Guan v. Barr
The Board of Immigration Appeals failed to show proper consideration of all factors when denying appellant relief under the Convention Against Torture; thus, the petition is granted. 		Immigration 9th May 31, 2019
Singh v. American Honda Finance Corp.
Despite the Class Action Fairness Act's home state exception to removal applying, appellant's voluntary amendment adding a federal claim cured that jurisdictional defect and circumstances weighed against dismissal and remand. 		Civil Procedure 9th May 31, 2019
Modification: People v. Franks
In order for a Sixth Amendment violation to lie, a defendant must make his intention to maintain his innocence as a defense strategy clear to his counsel. 		Criminal Law and Procedure 3DCA May 31, 2019
Nunez v. Nevell Group, Inc.
Defendant waived its right to compel arbitration by advising trial court in writing that it would not file motion to compel arbitration and by delaying filling of motion and prejudicing plaintiff. 		Arbitration 4DCA/3 May 30, 2019
Jozefowicz v. Allstate Ins. Co.
Plaintiff could not prevail under Section 3309 of California Uniform Commercial Code where insurance company issued check to contractor as plaintiff's representative and contractor transferred check to bank. 		Insurance 4DCA/3 May 30, 2019
Marriage of Miotke
Appellant failed to raise the issue of unconscionability of a premarital agreement at the time of enforcement, and thus she could not raise the issue on appeal. 		Family Law 6DCA May 30, 2019
Lugo v. Corona
The Domestic Violence Prevention Act allows for both criminal and civil protective orders to coexist; thus, the trial court erred in denying plaintiffs domestic violence restraining order request. 		Family Law 2DCA/4 May 30, 2019
People v. Hurtado
The trial court's restitution order had some factual nexus to the damage caused by defendant's conduct; thus, trial court did not abuse its discretion in awarding victim restitution. 		Criminal Law and Procedure 4DCA/1 May 30, 2019
Honcharov v. Barr
Board of Immigration Appeals did not err when it declined to consider petitioner's proposed particular social groups that were raised for the first time on appeal. 		Immigration 9th May 30, 2019
City of Albany v. CH2M Hill
An agreement limiting venue for litigation to a particular county unambiguously prohibits litigation in federal court when there is no federal courthouse located in the designated county. 		Civil Procedure 9th May 30, 2019
Tschida v. Motl
Montana's prohibition against revealing ethics complaints' contents was facially unconstitutional, but former Commissioner of Political Practices was entitled to qualified immunity because reliance on the provision was not objectively unreasonable. 		Constitutional Law 9th May 30, 2019
Hernandez v. Mesa
Order 		USSC May 29, 2019
Nieves v. Bartlett
Plaintiff's First Amendment claim that officers arrested him in retaliation for his speech failed because he initiated physical confrontation with officer; probable cause to arrest defeats retaliation claim. 		Constitutional Law USSC May 29, 2019
Home Depot U. S. A., Inc. v. Jackson
Neither 28 U.S.C. Section 1441(a) nor Section 1453(b) allows a third-party counterclaim defendant to remove a class-action counterclaim from state to federal court. 		Civil Procedure USSC May 29, 2019
Smith v. Berryhill
Social Security Administration Appeals Council's dismissal of claimant's request for review due to untimeliness, after an ALJ hearing on the merits occurred, qualified claimant for judicial review under 42 U.S.C. Section 405(g). 		Government USSC May 29, 2019
Box v. Planned Parenthood of Indiana and Kentucky, Inc.
States have legitimate interest in proper disposal of fetal remains; thus, Indiana's new law that prohibits treating fetal remains as 'infectious waste' and incinerating them alongside surgical byproducts survived rational basis review. 		Constitutional Law USSC May 29, 2019
Modification: People v. Bolding
Prosecution proved that defendant had intent to facilitate criminal activity, through monetary instruments of $5,000 or more in criminally derived funds; thus, tracing commingled proceeds was not required. 		Criminal Law and Procedure 4DCA/3 May 29, 2019
In re B.D.
Family Services Bureau's Welfare and Institutions Code Section 366.26 report violated statutory obligations by omitting evidence material to adoptability and was so inadequate that minor's due process rights were denied. 		Dependency 1DCA/4 May 29, 2019
In re E.P.
Locker rooms of public hockey facility were not objectively identifiable as off-limits to public; thus, prosecution failed to prove that defendant did not commit new crime of shoplifting. 		Criminal Law and Procedure 4DCA/3 May 29, 2019
U.S. v. Smith
Assimilative Crimes Act applies to Indian country by operation of 18 U.S.C. Section 7; thus, defendant's conviction on Indian Reservation affirmed. 		Native American Affairs 9th May 29, 2019
Modification: People v. Berg
Because trial court does 'not have jurisdiction to reopen or retry a case' after 'unqualified affirmance' of prior final judgment, it lacked jurisdiction to vacate its prior order granting habeas corpus petition. 		Criminal Law and Procedure 4DCA/1 May 28, 2019
Timlick v. National Enterprise Systems, Inc.
Trial court erred in dismissing entire putative class action because defendant voluntarily gave special treatment to named plaintiff only, resulting in the elimination of her standing to maintain putative class action. 		Civil Procedure 1DCA/3 May 28, 2019
DiRaffael v. California Army Nat. Guard
Under federal regulations which govern selective retention of National Guard officers, states retain constitutional authority to appoint and terminate appointments of National Guard officers consistent with Second Militia Clause. 		Constitutional Law 2DCA/1 May 28, 2019
Kahan v. City of Richmond
Demurrer was properly sustained because plaintiff's theories were directly contradicted by statutory language authorizing defendant's charging of delinquent garbage fees as a special assessment and a lien on plaintiff's property. 		Government 1DCA/1 May 28, 2019
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