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Name Category Published
People v. Rocha
Permitting trial courts to decide how to exercise new discretion to strike firearm enhancements, without affording defendant and defense counsel the opportunity to argue, is manifestly unfair and contrary to Sixth Amendment. 		Criminal Law and Procedure 2DCA/4 Feb. 21, 2019
Timbs v. Indiana
Excessive Fines Clause 'deeply rooted in Nation's history and tradition,' incorporated against states through Fourteenth Amendment, including against in rem forfeitures that are 'at least partially punitive' 		Constitutional Law USSC Feb. 21, 2019
Dawson v. Steager
West Virigina violated the intergovernmental tax immunity doctrine when it provided a tax exemption to certain former state and local law enforcement employees but not to former federal employees. 		Tax USSC Feb. 21, 2019
Westport Insurance v. California Casualty Management
California Government Code Section 825.4 did not preclude primary insurer's claim because it does not contain a blanket ban on an employee's insurer contributing to the employee's defense and settlement costs. 		Insurance 9th Feb. 21, 2019
People v. Escarcega
Attempting to overtake a vehicle is only legal if safe, and passing without knowledge of safety could reasonably be found by a jury to constitute wanton disregard for safety. 		Criminal Law and Procedure 2DCA/3 Feb. 21, 2019
County of Maui, HI v. Hawaii Wildlife Fund
Order 		USSC Feb. 20, 2019
Sturm v. Moyer
The UFTA may apply to premarital contracts providing that earnings, income and property acquired during marriage would be separate property, depending upon whether actual or constructive fraud occurred. 		statutory_interpretation 2DCA/4 Feb. 20, 2019
People v. Bueno
Defendant did not waive her rights to have her sentence imposed by the judge that accepted her plea under 'People v. Arbuckle;' therefore the judgment was reversed and remanded for resentencing. 		Criminal Law and Procedure 5DCA Feb. 20, 2019
Moore v. Texas
Where state court relies too heavily on mentally impaired defendant's cognitive strengths rather than his weaknesses in determining fitness for execution, analysis fails constitutional muster. 		Constitutional Law USSC Feb. 20, 2019
Fierro v. Landry's Restaurant, Inc.
U.S. Supreme Court's 'China Agritech' rule precluding tolling of class claims pending class certification applicable to California state courts. 		Civil Procedure 4DCA/1 Feb. 20, 2019
Mijares v. Orange Co. Employees Retirement System
Government Code Section 31453.5 contains no express limitations on the County Retirement System's authority to seek payment of Unfunded Liability; thus, Department of Education owed additional contributions to fund pension benefits. 		Government 4DCA/3 Feb. 20, 2019
In re L.R.
Oral or written voluntary waiver of 'Miranda' rights requires free and deliberate choice made with full awareness of the nature of the rights being abandoned and consequences of the decision. 		Criminal Law and Procedure 1DCA/5 Feb. 20, 2019
Perez v. County of Monterey
Monterey County ordinance prohibiting the keeping of over four roosters on a single property without a county-issued permit does not violate the Constitution on its face. 		Constitutional Law 6DCA Feb. 19, 2019
Meza v. Portfolio Recovery Associates, LLC
California Code of Civil Procedure Section 98(a) does not categorically require affiants be personally present for service at an address within 150 miles of the place of trial. 		statutory_interpretation CASC Feb. 19, 2019
People v. Jones
Because defendant premeditated victim's attempted murder, and was recently released from prison for stabbing his ex-wife, evidence showed trial court would not have dismissed defendant's prior serious felony under SB 1393. 		Criminal Law and Procedure 3DCA Feb. 19, 2019
U.S. v. Briones
Order 		9th Feb. 15, 2019
Modification: People v. Martinez
Defendants convicted of felony murder or murder under a natural and probable consequences theory must file a Penal Code Section 1170.95 petition to gain retroactive relief under Senate Bill 1437. 		Criminal Law and Procedure 2DCA/5 Feb. 15, 2019
Korman v. Princess Cruise Lines, Ltd.
A federal forum selection clause is enforceable so long as no evidence is presented showing the clause to be unreasonable. 		Civil Procedure 2DCA/4 Feb. 15, 2019
Jimenez-Sanchez v. Dark Horse Express, Inc.
Because employer paid employees on a piece-rate basis, separate compensation for rest breaks was required; thus, common factual and legal issues were presented as common questions capable of determination on a class basis. 		Civil Procedure 5DCA Feb. 15, 2019
Szonyi v. Whitaker
The Board of Immigration Appeals is not foreclosed from interpreting the text of 8 U.S.C. Section 1227(a)(2)(A)(ii) so long as the interpretation is 'reasonable.' 		Criminal Law and Procedure 9th Feb. 14, 2019
Fudge v. City of Laguna Beach
Legislature provided for de novo review of appeals to the Commission under Public Resources Code Section 21080.5, which allows environmental information to be submitted 'in lieu of' an environmental impact report under CEQA. 		Environmental Law 4DCA/3 Feb. 14, 2019
People v. Becerra
Because defendant waived his right to appeal as part of a plea agreement, and the waiver's terms encompassed the judgment and sentencing, his appellate claim concerning custody credits was barred. 		Criminal Law and Procedure 6DCA Feb. 13, 2019
Save Lafayette Trees v. City of Lafayette
Actions challenging "any decision" by a "legislative body" regarding a conditional use permit, or other permit provided by a local zoning ordinance must be filed and served within 90 days of the decision. 		Government 1DCA/3 Feb. 12, 2019
Jackson v. Kaiser Foundation Hospitals
Mandatory relief provision in Code of Civil Procedure Section 473(b) is intended to reach only those dismissals that are 'procedurally equivalent to a default;' thus, mandatory relief unavailable for voluntary dismissal. 		Civil Procedure 1DCA/3 Feb. 12, 2019
Young v. State of Hawaii
Order 		9th Feb. 12, 2019
In re Border Infrastructure Environmental Litigation
IIRIRA authorized DHS's border barrier projects and the court lacks jurisdiction to consider challenges to the DHS Secretary's waiving of various environmental laws with respect to its border barrier projects. 		Environmental Law 9th Feb. 12, 2019
Modification: People v. Landers
Public defender did not violate reciprocal discovery order; under 'Izazaga v. Superior Court' counsel did not reasonably anticipate it was likely he would call witness because he was undertaking minimal defense. 		Attorneys 1DCA/4 Feb. 11, 2019
U.S. v. Soto
18 U.S.C. Section 924(d)(1) provides that firearm or ammunition 'involved in' violation of any other criminal law shall be subject to forfeiture; thus, forfeiture was available. 		Criminal Law and Procedure 9th Feb. 11, 2019
People v. Fuimaono
Under Senate Bill No. 620, a court lacking jurisdiction cannot grant a defendant's resentencing request after a defendant's sentence for a Section 12022.5 enhancement has become final. 		Criminal Law and Procedure 3DCA Feb. 11, 2019
Anderson v. Shiomoto
Person with 'a disorder characterized by lapses of consciousness' may be refused issuance or renewal of driver's license under Vehicle Code Section 12806(c) despite not suffering lapse within three years. 		Administrative Agencies 4DCA/2 Feb. 11, 2019
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