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Name Category Published
Guardianship of C.E.
Consolidation of a guardianship proceeding into an adoption proceeding is mandatory under Family Code Section 8802(d) when a petition for adoptions arises after a child is the subject of a guardianship petition. 		Family Law 6DCA Feb. 4, 2019
U.S. v. Vederoff
Under U.S.S.G. Section 4B1.2, when a state criminal statute is broader than the general federal offense and the statute is indivisible, it is not deemed a 'crime of violence' under the U.S.S.G. section. 		Criminal Law and Procedure 9th Feb. 4, 2019
Hurles v. Ryan
Intervening Supreme Court authority that ineffective assistance of appellate counsel cannot excuse procedural default of habeas claim renders petitioner's claim unviable. 		Prisoners' Rights 9th Feb. 4, 2019
Horton v. City of Santa Maria
Case law at the time involved circumstances too distinct to establish that a reasonable officer would perceive a substantial risk that detainee would imminently attempt suicide; thus officer entitled to qualified immunity. 		Qualified Immunity 9th Feb. 4, 2019
Hines v. Youseff
Right to be free from heightened exposure to Valley Fever spores in California state prisons was not clearly established at the time; thus, defendant officials were entitled to qualified immunity. 		Qualified Immunity 9th Feb. 4, 2019
U.S. CFTC v. Crombie
Under 7 U.S.C. Section 13(a)(4) of the Commodity Exchange Act, a defendant makes false statements 'willfully' if the defendant knew they were false or made them with reckless disregard for their veracity. 		Civil Procedure 9th Feb. 4, 2019
In re N.O.
Under Welfare and Institutions Code Section 364(c), minor's counsel did not show that conditions still existed that would justify the court's initial assumption of jurisdiction over minor; thus, termination of jurisdiction affirmed. 		Dependency 4DCA/1 Feb. 1, 2019
Vasquez v. San Miguel Produce, Inc.
An agency or similar relationship, such as being co-employers, between the nonsignatory and one of the parties to an arbitration agreement allows enforcement of the arbitration agreement by the nonsignatory. 		Arbitration 2DCA/6 Feb. 1, 2019
People v. Atkins
The prosecution must prove, as an element of the first method of violating Penal Code Section 69, that the defendant knows that the person he or she is attempting to deter is an executive officer. 		Criminal Law and Procedure 6DCA Feb. 1, 2019
Berkeley Hills Watershed Coalition v. City of Berkeley
'Location exception' to California Environmental Quality Act's Class 3 exemption applies where the project impacts public resources and earthquakes and landslides are geological events; thus the proposed construction was exempt. 		Environmental Law 1DCA/1 Feb. 1, 2019
Trolan v. Trolan
A court cannot substitute its judgment and discretion for that of a trustees' if the trustees are acting within proper limits, unless there is a complete failure or refusal to perform the duties of the trustees. 		probate_and_trusts 6DCA Feb. 1, 2019
Harmony Gold U.S.A., Inc. v. County of Los Angeles
Taxation provision making prospective impact of revaluation after property owner's successful challenge of erroneous valuation properly bars owner's recovery for earlier years' overtaxation. 		Tax 2DCA/1 Feb. 1, 2019
People v. Henson
Order 		5DCA Feb. 1, 2019
Wilde v. City of Dunsmuir
Order 		3DCA Feb. 1, 2019
Ellis v. Harrison
Order 		9th Feb. 1, 2019
Booth v. U.S.
Minority tolling not recognized under Federal Tort Claims Act's statute of limitations; thus, plaintiff's action alleging that United States agency negligently caused father's death when plaintiff was a minor was time-barred. 		Civil Procedure 9th Feb. 1, 2019
American Beverage Association v. City and County of San Francisco
The 'Zauderer' test provides the appropriate framework to analyze a First Amendment claim involving compelled commercial speech involving health and safety warnings; warning covering 20 percent of sugary beverage advertisements deemed unduly burdensome. 		Constitutional Law 9th Feb. 1, 2019
Frost v. BNSF
Jury instruction that defendant could not be liable if it terminated plaintiff due to 'honest belief' that he violated safety rules in retaliation claim was inconsistent with Federal Railroad Safety Act's statutory mandate. 		Labor Law 9th Jan. 31, 2019
Cohen v. TNP 2008 Participating Notes
Agents have no standing to enforce arbitration agreements if they are not a third party beneficiary of the arbitration agreement, or if they have no actual and substantial interest in the agreement. 		Civil Procedure 2DCA/7 Jan. 31, 2019
Fernandez v. Alexander
Because expert's declaration was purely conclusory, plaintiff presented no admissible evidence to controvert defendant's evidence that causation for medical malpractice cannot be established; thus motion for summary judgment was properly granted. 		Evidence 2DCA/8 Jan. 30, 2019
In re Gadlin
Under Proposition 57, early parole eligibility is assessed based on the conviction for which an inmate is now serving a state prison sentence, rather than prior criminal history; thus, habeas corpus petition granted. 		Criminal Law and Procedure 2DCA/5 Jan. 30, 2019
Gilberg v. California Check Cashing Stores
Satisfying the Fair Credit Reporting Act's 'standalone document requirement' requires an employer who obtains a consumer report on a job applicant to give a disclosure form consisting solely of a FCRA disclosure. 		Employment Law 9th Jan. 30, 2019
Gill v. USDOJ
Sharing of terrorism-related information through adoption of a Functional Standard was exempt from the notice and comment requirement under the Administrative Procedure Act because the dissemination of information rested in analysts' discretion. 		Administrative Agencies 9th Jan. 30, 2019
Aspic Engineering and Construction v. ECC Centcom Constructors
Where arbitrator's award 'fails to draw its essence from' underlying parties' agreement as to conditional construction subcontracts in Afghanistan, vacatur proper. 		Arbitration 9th Jan. 29, 2019
Karingithi v. Whitaker
Notice to appear that did not specify the time and date of alien's initial removal hearing vested immigration judge with jurisdiction because notice of hearing specifying this information was later sent to alien. 		Immigration 9th Jan. 29, 2019
Cuero v. Kernan
Order 		9th Jan. 29, 2019
People v. Aguayo
Assault can be committed with an inherently deadly weapon without using force likely to produce great bodily injury; thus force-likely assault is not a lesser included offense of assault with a deadly weapon. 		Criminal Law and Procedure 4DCA/1 Jan. 29, 2019
In re Gadlin
Opinion 		2DCA/5 Jan. 29, 2019
Issa v. Applegate
Political figure could not demonstrate a probability of prevailing on his claim for libel because he could not show the implications were not 'substantially true;' thus, anti-SLAPP motion was properly granted. 		Anti-SLAPP 4DCA/1 Jan. 28, 2019
Jensen v. Jensen
A person acting as guardian ad litem solely to litigate for another in a particular state is not enough to deem them to have purposefully availed themselves of that state. 		Civil Procedure 2DCA/6 Jan. 28, 2019
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