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Modification: People v. Garcia
Trial court erred in resentencing a defendant from a juvenile de facto life imprisonment conviction without first remanding the case to a juvenile court for a fitness hearing determination. 		Criminal Law and Procedure 2DCA/6 Jan. 14, 2019
People v. Munoz
Vehicular manslaughter not a lesser included offense of murder because it requires the additional element of driving of a vehicle while intoxicated; thus, defendant not entitled to instruction on gross vehicular manslaughter. 		Criminal Law and Procedure 2DCA/1 Jan. 14, 2019
Orange County Water Dist. v. The Arnold Engineering Co.
Where requests for admissions require sophisticated analyses of technical issues, courts are more willing to credit a party's reasonable belief that it would prevail based on expert opinion evidence. 		Civil Procedure 4DCA/1 Jan. 14, 2019
Smyth v. Berman
The general presumption is that a right of first refusal contained in a written lease expires when that leasehold ends and the tenant becomes a 'holdover' tenant; thus, dismissal affirmed. 		Real Property 2DCA/2 Jan. 14, 2019
McCorkle Eastside Neighborhood Group v. City of St. Helena
Cities are not required to have a design review ordinance, so when one does impose such an additional level of review, it is for the city to determine the scope of the review. 		Environmental Law 1DCA/5 Jan. 14, 2019
In re E.T.
Because mother regularly met with children and children had a substantial attachment to her such that termination would cause great harm, parental benefit exception applied to termination of parental rights. 		Dependency 1DCA/3 Jan. 14, 2019
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. 14, 2019
U.S. v. Hall
Condition of release that parolee only have 'normal familiar relations' when contacting son is unconstitutionally vague. 		Criminal Law and Procedure 9th Jan. 14, 2019
U.S. v. Landeros
Unlawful seizure when police discovered knives after they prolonged traffic stop by commanding passenger to provide identification because they had no reasonable suspicion and passenger's identity is unrelated to mission of stop. 		Criminal Law and Procedure 9th Jan. 14, 2019
Olivier v. Baca
Measures to preserve security and order during disturbances by inmates and lockdowns may require limitation or retraction of the retained constitutional rights of both convicted prisoners and pretrial detainees. 		Constitutional Law 9th Jan. 14, 2019
Modification: Estate of Stockird
Statutory interpretation of the definition of a 'transferee' under the probate code, for purposes of a failed distribution, is not limited to blood relatives. 		probate_and_trusts 1DCA/1 Jan. 14, 2019
Venice Coalition etc. v. City of Los Angeles
Land use decisions that do not require a public officer to exercise independent judgment are deemed to be ministerial and thus do not trigger due process protections. 		Constitutional Law 2DCA/8 Jan. 11, 2019
People v. Lopez
Defense counsel's concession of defendant's guilt during opening statement was not tantamount to guilty plea requiring waiver of his constitutional trial rights; thus, hit and run conviction affirmed. 		Criminal Law and Procedure 2DCA/4 Jan. 11, 2019
U.S. v. Valencia-Mendoza
The statutory maximum sentence for an offense determines whether a conviction constitutes a 'felony,' not the maximum sentence available in the particular case under the sentencing guidelines. 		Criminal Law and Procedure 9th Jan. 11, 2019
Dachauer v. NBTY Inc.
FDCA preempts state law for claims about dietary supplements that differ from FDCA's requirements; thus, because defendants' labels do not claim that their supplements treat or prevent cardiovascular disease, summary judgment was proper. 		Consumer Law 9th Jan. 11, 2019
U.S. v. Lopez
Expert testimony on battered women syndrome is not categorically excludable and may be relevant to a defense of duress as it serves to dispel many of the misconceptions regarding women in abusive relationships. 		Evidence 9th Jan. 11, 2019
Cox v. State of Washington DSHS
Material issues of fact remained as to whether Department of Social and Health Services breached its duty of care when facilitating a social worker-supervised visit where father murdered two young boys. 		Torts 9th Jan. 11, 2019
People v. Pride
Where robber boasts of heist on social media, no Fourth Amendment violation if undercover officer accesses said boast by posing as false 'friend' on the site. 		Criminal Law and Procedure 4DCA/1 Jan. 11, 2019
Mikkelsen v. Hansen
Based upon the broad language used by the Legislature when writing Civil Code Section 1009, Section 1009(b) bars both implied-in-fact dedications and implied-in-law dedications of private noncoastal property. 		statutory_interpretation 5DCA Jan. 11, 2019
People v. Duenas
A court must stay the execution of a restitution fine imposed by Penal Code Section 1202.4, until and unless the People demonstrate that a defendant has the ability to pay the fine. 		Constitutional Law 2DCA/7 Jan. 10, 2019
Yee v. Superior Court
Employee of public entity cannot be liable for conduct that can be undertaken only by the public entity and not by an individual; thus, public entity was not vicariously liable. 		Government 1DCA/2 Jan. 10, 2019
Zabriskie v. Federal National Mortgage Association
A seller of software to a company that uses the software product to process credit report information is not a consumer reporting agency because it is not "assembling or evaluating" any information. 		Consumer Law 9th Jan. 10, 2019
U.S. v. Johnson
Search incident to arrest may occur prior to arrest if probable cause extant, even where the crime for which probable cause existed is different from crime of subsequent arrest. 		Criminal Law and Procedure 9th Jan. 10, 2019
U.S. v. Martinez-Hernandez
California Penal Code Section 211 robbery qualifies as a generic theft offense under 8 U.S.C. Section 1101(a)(43)(G), and thus is an aggravated felony under 8 U.S.C. Section 1227(a)(2)(A)(iii). 		Immigration 9th Jan. 10, 2019
Modification: Mechling v. Asbestos Defendants
A defendant's motion to set aside a default judgment should be granted, provided a meritorious claim existed and defendant was not given chance to defend himself in court due to extrinsic mistake. 		Civil Procedure 1DCA/5 Jan. 10, 2019
Culbertson v. Berryhill
Section 406(b)(1)(A) does not apply to the aggregate fees awarded under Sections 406(a) and (b). Instead, Sections 406(a) and (b) contain separate caps on fees, and authorize two separate pools of withheld benefits. 		Government USSC Jan. 9, 2019
Henry Schein, Inc. v. Archer & White Sales, Inc.
Where parties contract to have arbitrator decide threshold arbitrability question, court 'possesses no power to decide' said question, even where it believes motion for arbitration is 'wholly groundless.' 		Arbitration USSC Jan. 9, 2019
Berkeley Cement, Inc. v. Regents of the University of California
The award of mediation fees is no less reasonably necessary to the conduct of litigation, than the award of arbitrator's fees, which costs are also statutorily authorized. 		Civil Procedure 5DCA Jan. 9, 2019
Modification: City of San Diego v. Superior Court
Trial court errs in disqualifying defendant's counsel based on an egregious violation of attorney-client privilege when the disclosure does not substantially and continuously effect the outcome of the case. 		Evidence 4DCA/1 Jan. 9, 2019
U.S. v. Torres
Government's interests in controlling crime and ensuring public safety are promoted by keeping firearms out of the hands of unlawful aliens; thus, 18 U.S.C. Section 922(g)(5) is constitutional under intermediate scrutiny. 		Constitutional Law 9th Jan. 9, 2019
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