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Name Category Published
In re R.H.
Judgment finding good cause to depart from Indian Child Welfare Act placement preferences affirmed where tribe shows disinterest in matter. 		Dependency 2DCA/6 Feb. 5, 2018
In re Webb
Magistrate lacks statutory authority to impose Fourth Amendment waiver condition on pre-trial releasee who posted bail. 		Criminal Law and Procedure 4DCA/1 Feb. 5, 2018
Nutrition Distribution, LLC v. Southern SARMS, Inc.
Safe harbor provision from Code of Civil Procedure Section 128.7(c) was incorporated within former Section 128.5(f). 		Civil Procedure 2DCA/7 Feb. 5, 2018
Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit. 		Environmental Law 9th Feb. 5, 2018
Gonzalez v. Lew
Court order awarding postoffer costs to plaintiffs affirmed where jury awards plaintiffs amount greater than proposed, but rejected, joint settlement offer. 		Civil Procedure 2DCA/3 Feb. 5, 2018
W.S. v. S.T.
Physical presence of child in home of her father is not enough to establish a familial relationship qualifying the father as a presumed parent. 		Family Law 6DCA Feb. 5, 2018
ESP v. Gascon
Order 		9th Feb. 5, 2018
Folkens v. Wyland Worldwide
Copyright infringement action unsuccessful where contested element, two dolphins crossing, is imagine expressed in nature and thus part of common heritage of humankind. 		Copyright 9th Feb. 5, 2018
Lane v. Bell
A partial victory in an underlying action by a plaintiff alleging malicious prosecution does not satisfy the favorable termination element where the defendant also obtained a partial victory. 		Torts 4DCA/1 Feb. 2, 2018
Masters (Jarvis J.) on H.C.
Order 		CASC Feb. 2, 2018
People v. Doyle
Order 		4DCA/2 Feb. 2, 2018
Kenny v. Wal-Mart Stores
Right of defendant to remove a matter to a federal forum is not waived by filing a demurrer in state court and its right to remove was not ascertainable from the pleadings. 		Civil Procedure 9th Feb. 2, 2018
U.S. v. Watson
Bank robbery using force and violence, or by intimidation, is crime of violence under 18 U.S.C. Section 924(c). 		Criminal Law and Procedure 9th Feb. 2, 2018
ACLU of Northern California v. Federal Bureau of Investigation
To claim FOIA Exemption 7, FBI need not show nexus between requested documents and specific investigation or federal law being enforced; sufficient to show documents pertain to general law enforcement activity. 		Public Records Act 9th Feb. 2, 2018
U.S. v. Walton
Second-degree robbery under CPC 211 does not qualify as a violent felony under the force clause of the Armed Career Criminal Act. 		Criminal Law and Procedure 9th Feb. 2, 2018
People v. Chatman
Some rational basis exists for state to treat former probationers and former prisoners differently under certificate of rehabilitation statute. 		Constitutional Law 1DCA/1 Feb. 2, 2018
People v. Superior Court (Lara)
Prop 57 has retroactive effect to cases not yet final at time of its enactment. 		Juveniles 4DCA/2 Feb. 2, 2018
Modification: Kurwa v. Kislinger
Trial court retains jurisdiction over non-final judgment it rendered, such that plaintiff can pursue claim to final judgment and appeal. 		Civil Procedure 2DCA/5 Feb. 2, 2018
Santa Barbara Channelkeeper v. City of San Buenaventura
Where conservation group alleges water diversion by city is unreasonable, cross-complaint joining other diverters is not improper. 		Civil Procedure 1DCA/2 Feb. 1, 2018
People v. Taylor
Conviction affirmed where convicting statute does not contain mandatory presumption but instead defines the elements of the convicting statute 		Criminal Law and Procedure 2DCA/4 Feb. 1, 2018
Brown v. Superior Court (Fresno)
Statutory immunity from personal liability for a deficiency judgment is a protectable interest permitting joinder under Section 389. 		statutory_interpretation 5DCA Feb. 1, 2018
Tikosky v. Yehuda
Judgment unsatisfied where defendant fails to pay defendant and does not benefit from third party agreement to pay plaintiff judgment amount for property collaterally related to judgment. 		Civil Procedure 2DCA/1 Feb. 1, 2018
Gutierrez v. Carmax Auto Superstores California
The omission of a material fact is actionable under the Consumer Legal Remedies Act where the facts actually disclosed by a defendant are misleading given the facts they concealed. 		Consumer Law 5DCA Feb. 1, 2018
Visalia Retail, LP v. City of Visalia
Contention that land use limit on retail store size would result in urban decay does not support fair argument that significant effects on the environment will result. 		Environmental Law 5DCA Feb. 1, 2018
Fields v. Twitter Inc.
Anti-Terrorism Act provision requiring plaintiff to show injury by reason of international terrorist act requires plaintiff to show direct relationship between injuries and acts of defendant. 		Civil Procedure 9th Feb. 1, 2018
Mineworkers' Pension Scheme v. First Solar Inc.
The general proximate cause test is proper to determine loss causation in connection with an alleged violation under the Securities Exchange Act of 1934. 		Securities 9th Feb. 1, 2018
O'Malley v. Hospitality Staffing Solutions
Where hotel staff does welfare check on guest and fails to notice her suffering aneurism in dark room, summary judgment improper on negligent undertaking theory of liability. 		Torts 4DCA/3 Feb. 1, 2018
Apple Inc. v. Superior Court
Traditional admissibility of expert evidence standard applies to expert opinion evidence given in support of motion for class certification. 		Evidence 4DCA/1 Jan. 31, 2018
Sierra Palms Homeowners Assoc. v. Metro Gold Line
Ruling denying leave to amend reversed where plaintiff shows on appeal that complaint can be amended. 		Civil Procedure 2DCA/7 Jan. 31, 2018
Candelore v. Tinder, Inc.
Differential pricing for older and younger users of dating app is arbitrary discrimination under Unruh Civil Rights Act. 		Civil Rights 2DCA/3 Jan. 31, 2018
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