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Name Category Published
U.S. v. Lawrence
Order 		9th Sep. 19, 2018
U.S. v. Estrada
Wiretap affidavits are sufficient, provided they are reasonably detailed and "speak in case specific language" 		Criminal Law and Procedure 9th Sep. 19, 2018
Freestream Aircraft v. Aero Law Group
'Paccar' rule for personal jurisdiction appropriate where intentional tort was committed within forum state. 		Torts 9th Sep. 19, 2018
Marsh v. J. Alexander's
The Department of Labor foreclosed an employer's ability to abuse the tip credit provision by promulgating a dual jobs regulation and subsequently interpreting that regulation in the 'Guidance.' 		Labor Law 9th Sep. 19, 2018
People v. Cruz-Lopez
A convicted felon currently on formal probation is under 'constructive custody' and thus not a person entitled to the relief available in Penal Code Section 1473.7 		Criminal Law and Procedure 1DCA/1 Sep. 18, 2018
Taylor v. BNRH
Order 		9th Sep. 18, 2018
Nunies v. HIE Holdings
Based on the plain language of the ADA Amendment Act, plaintiff/employee need not present evidence of employer's subjective belief plaintiff had limitation as to major life activity in disability action. 		Disability Discrimination 9th Sep. 18, 2018
People v. Powell
The evidence was insufficient to support an inference of duress; defendant's accomplices were not armed at the crime scene, and defendant was simply 'told' and 'coached' to kill the victim. 		Criminal Law and Procedure CASC Sep. 18, 2018
In re G.C.
The 'unauthorized sentence' rule is an exception to the waiver doctrine not to the jurisdictional requirement of a timely notice of appeal. 		Juveniles 6DCA Sep. 17, 2018
Modification: Serova v. Sony Music Entertainment
Anti-SLAPP motion should have been granted where defendant's representations as to musical content on Michael Jackson posthumous album were of public interest, and of the type that enjoy full First Amendment protection. 		Anti-SLAPP 2DCA/2 Sep. 17, 2018
Modification: Citizens Coalition Los Angeles v. City of Los Angeles
CEQA's Section 21166 applies where City created new subzone, and moved a proposed project into that subzone because the prior environmental documents retained relevance in light of the proposed changes. 		Municipal Law 2DCA/2 Sep. 17, 2018
In re Palmer
Petitioner's Habeas Corpus petition was granted; the Board of Parole Hearings should have given 'great weight' to the statutory youth offender factors at Petitioner's parole hearing. 		Juveniles 1DCA/2 Sep. 17, 2018
Ribakoff v. City of Long Beach
Holdings in 'White,' 'Norse' and 'Kindt' defeat the claim that time limits for speaking are a deprivation of one's First Amendment rights. 		Constitutional Law 2DCA/8 Sep. 17, 2018
People v. Arebalos-Cabrera
Trial court correctly denied motion to suppress evidence consensually obtained after traffic stop, finding questioning after stop did not amount to resumption of custody or seizure. 		Constitutional Law 4DCA/1 Sep. 17, 2018
In re Sims
When a defendant's competency is in question while a trial is ongoing, proceedings should be halted to determine whether the defendant is fit to stand trial 		Criminal Law and Procedure 4DCA/2 Sep. 17, 2018
Amended Opinion: U.S. v. Ochoa-Orogel
Conviction for unlawful re-entry under 8 U.S.C. Section 1326 reversed where prior removal proceedings were fundamentally unfair. 		Immigration 9th Sep. 17, 2018
Um v. Spokane Rock
11 U.S.C. Section 1141(d)(3)(B) is not satisfied by mere employment in someone else's business after consummation of a Chapter 11 plan. 		Bankruptcy 9th Sep. 17, 2018
Pakootas v. Teck Cominco Metals
Under 'Calder' test, personal jurisdiction over foreign company not improper where company's toxic waste dumping into river flowing into forum state demonstrates company 'expressly aimed at the forum state.' 		Environmental Law 9th Sep. 17, 2018
Northstar Financial v. Schwab Investments
Plaintiffs' complaint reached activities of the defendants that were actionable under the securities laws, making them barred by the Securities Litigation Uniform Standards Act, regardless of the label placed on them. 		Securities 9th Sep. 17, 2018
Bartolome v. Sessions
Immigration Judge correctly found that fear of persecution from gangs in asylum petitioner's native country who perceived him to 'have money' is not a protected ground, thus there was no basis for withholding of removal. 		Immigration 9th Sep. 17, 2018
Vasquez v. Solo 1 Kustoms, Inc.
There is no private cause of action under the Automotive Repair Act; the Bureau of Automotive Repair has the authority to investigate complaints and pursue penalties and remedies. 		Administrative Agencies 2DCA/8 Sep. 14, 2018
People v. Superior Court (Vasquez)
A trial court correctly granted a motion to dismiss since it was the proper remedy given Fourteenth Amendment due process rights violations to a timely trial where a defendant waited 17 years for a trial under the Sexually Violent Predator Act. 		Constitutional Law 2DCA/7 Sep. 14, 2018
Conservatorship of M.B.
There was sufficient evidence that Minor was 'gravely disabled' under the Welfare and Institutions Code Section 5008(h)(1)(A) because she suffered from a major depressive disorder, experienced auditory hallucinations, and sometimes felt suicidal. 		Juveniles 1DCA/5 Sep. 14, 2018
Modification: People v. Spencer
No reversible error found in a 'Miranda' challenge, where the suspect was interviewed by two different officers about two different crimes, since officers were not required to readvise him of his Miranda rights. 		Criminal Law and Procedure CASC Sep. 14, 2018
U.S. v. Franklin
Washington's drug trafficking law is not categorically a 'serious drug offense' under the Armed Career Criminal Act, as Washington's accomplice liability statute renders it broader than similar federal ACCA laws. 		Criminal Law and Procedure 9th Sep. 14, 2018
Hoard v. Hartman
District court's jury instruction was plainly erroneous, where it instructed jury that to succeed on his excessive force claim, an inmate needed to prove a prison guard acted maliciously and sadistically for the purpose of causing harm, when the Eighth Amendment has no such requirement. 		Constitutional Law 9th Sep. 14, 2018
BNSF v. CDTFA
Senate Bill 84 was preempted by federal statute because it targeted the railroad industry and the Hazardous Materials Transportation Act did not protect from preemption because the fees were not fair. 		Constitutional Law 9th Sep. 14, 2018
Campbell v. City of Los Angeles
Where motion to decertify collective FLSA suit considered at summary judgment stage of litigation, proper standard of review as to whether plaintiffs are 'similarly situated' is, essentially, summary judgment standard. 		Labor Law 9th Sep. 14, 2018
U.S. v. Lynch
The 'safety valve' of 18. U.S.C. Section 3553(f) is a narrow exception that cannot be applied to 'leader or organizer' of offense involving five or more participants. 		Criminal Law and Procedure 9th Sep. 14, 2018
Takhar v. People ex rel. Feather River Air Quality Management Dist.
District's investigation of alleged violations of air pollution control laws, issuance of a notice of violation, and offer of settlement was protected petitioning activity in the context of an anti-SLAPP motion. 		Anti-SLAPP 3DCA Sep. 13, 2018
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