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Name Category Published
Palmer (Wiliam M.) on H.C.
Order 		1DCA/2 Jan. 18, 2019
Sandoval v. Qualcomm Inc.
Order 		4DCA/1 Jan. 18, 2019
Atenia Lorenzo v. Sessions
Order 		9th Jan. 18, 2019
Taylor v. County of Pima
Plaintiff cannot recover damages for wrongful incarceration under 42 U.S.C. Section 1983; although his jury conviction was vacated, plaintiff pled no contest to the same counts, and was resentenced to time served. 		Civil Rights 9th Jan. 18, 2019
People v. Stinson
A trial court is allow to give to a jury a modified CALCRIM jury instruction, provided it is both a correct statement of law and supported by substantial fact. 		Criminal Law and Procedure 3DCA Jan. 18, 2019
Pont v. Pont
Ex-spouse entitled to attorney fees and costs under the stipulated judgment's attorney fees provision because of its broad language, particularly, the phrase 'in connection therewith.' 		Civil Procedure 2DCA/1 Jan. 18, 2019
People v. The North River Insurance Co.
Penal Code Section 1306(b) entitles Counties, as agents of the State of California, to seek compensation for the costs of returning a defendant like Amanda Sanchez to custody. 		Criminal Law and Procedure 5DCA Jan. 18, 2019
San Diegans for Open Government v. City of San Diego
Under CEQA guidelines, relevant issue in determining whether the existing facilities exemption applies is whether the project involves 'expansion of use beyond that existing at the time of the lead agency's determination.' 		Environmental Law 4DCA/1 Jan. 17, 2019
People v. American Surety Co.
Parties that fail to act diligently to bring a procedural defect or erroneous ruling before a trial court will cause the party to forfeit their challenge to the validity of an undertaking. 		Civil Procedure 4DCA/2 Jan. 17, 2019
Modification: Prout v. Dept. of Transportation
In order to bring an inverse condemnation complaint, a petition for writ of mandate must be filed within four years of a government agency conditioning its approval of grant of an easement. 		Civil Procedure 3DCA Jan. 17, 2019
Yahoo! v. Nat'l Union Fire Ins. Co.
Order 		9th Jan. 17, 2019
People v. Marquez
Collection of defendant's DNA sample was unlawful under the Fourth Amendment because DNA not collected as part of routine booking procedure; however, later DNA evidence properly admitted under attenuation doctrine. 		Criminal Law and Procedure 4DCA/3 Jan. 17, 2019
Global Linguist Solutions, LLC v. Abdulraouf Abdelmeged
Petitions for review of compensation orders arising under the Defense Base Act should be filed in the circuit where the relevant district director is located. 		Workers' Compensation 9th Jan. 17, 2019
State Department of State Hospitals v. J.W.
Sexually Violent Predators Act provides the court with discretionary authority to involuntarily medicate an incompetent person placed with the State Hospital pre-commitment; thus, trial court's order affirmed. 		Government 5DCA Jan. 17, 2019
Smith v. Szeyller
Probate court had discretion to order attorney fees and expert fees from trust assets under the substantial benefit doctrine because record supported the finding that the litigation substantially benefited all beneficiaries. 		probate_and_trusts 2DCA/6 Jan. 17, 2019
Stokeling v. United States
A robbery offense that has as an element the use of force sufficient to overcome a victim's resistance qualifies as 'physical force' within the meaning of the Armed Career Criminal Act. 		Criminal Law and Procedure USSC Jan. 16, 2019
New Prime Inc. v. Oliveira
A court should decide whether the Federal Arbitration Act's Section 1 "contracts of employment" exclusion applies before invoking the statutory powers of the Act to stay litigation and compel arbitration. 		Arbitration USSC Jan. 16, 2019
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 Jan. 16, 2019
Mendoza v. Fonseca McElroy Grinding Co.
Order 		9th Jan. 16, 2019
Rayamajhi v. Whitaker
No 'de minimis' exception applies for asylum seeker who provided $50 in 'material support' to terrorist organization, in response to terrorist's threat to him and his family. 		Immigration 9th Jan. 16, 2019
Applied Underwriters v. Lichtenegger
Because Defendants' use of Plaintiff's marks constituted nominative fair use, dismissal was appropriate under Federal Rule of Civil Procedure 12(b)(6). 		Intellectual Property 9th Jan. 16, 2019
Robles v. Domino's Pizza
Americans with Disabilities Act applied to defendant's website and app because the Act mandates that places of public accommodation provide auxiliary aids to make visual materials available to blind individuals. 		Disability Discrimination 9th Jan. 16, 2019
Turner v. Baker
When an amended judgment awards a prisoner credit for time served, it affects 'the number of days a convicted individual will spend in prison,' and therefore constitutes a new judgment. 		Criminal Law and Procedure 9th Jan. 16, 2019
Duffey v. Tender Heart Home Care Agency
Domestic Worker Bill of Rights' provisions governing which domestic workers are covered by its overtime requirement must be liberally construed; thus trial court erred in exclusively applying common law test. 		Labor Law 1DCA/5 Jan. 15, 2019
People v. Hem
When evidence of jury misconduct exists, an inquiry into the misconduct should occur in order to ensure deliberations are proceeding properly and a defendant's right to a fair jury determination is preserved. 		Criminal Law and Procedure 3DCA Jan. 15, 2019
U.S. v. Depue
Failure to object or an uninformed representation to the court is not alone sufficient evidence of waiver. Rather, there must be evidence defendant was aware of the right he is relinquishing. 		Criminal Law and Procedure 9th Jan. 15, 2019
Hernandez v. Chappell
Although failure to present mental health evidence to support a diminished capacity defense was ineffective assistance of counsel, ample evidence of defendant's specific intent to rape and kill supported the jury's verdict. 		Criminal Law and Procedure 9th Jan. 15, 2019
People v. Busane
Court was 'premature' in determining defendant ineligible for presentence conduct credits, based on Penal Code Sections 667.61 and 2933.5. 		Criminal Law and Procedure 2DCA/6 Jan. 15, 2019
Modification: Eith v. Ketelhut
Trial court properly deferred to Homeowners' Association Board's discretionary decision that defendants' operation of vineyard did not violate prohibition against business or commercial activity because it did not affect residential character. 		Real Property 2DCA/6 Jan. 15, 2019
Ricasa v. Office of Administrative Hearings
A personnel exception to the Brown Act's advance notice requirement exists when a governing board in a closed meeting only considers the employment, evaluation of performance, discipline, or dismissal of a public employee. 		Government 4DCA/1 Jan. 15, 2019
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