| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-17350
|
Nat'l Mining Ass'n v. Zinke
An unconstitutional legislative veto embedded in a section of the FLPMA is severable from the withdrawal authority delegated to the Secretary of the Interior in that same subsection. |
Administrative Agencies |
|
M. Berzon | Dec. 13, 2017 |
|
H042680
|
Baxter v. California State Teachers' Retirement System
California State Teachers' Retirement Systems' action seeking to recoup overpayment of retirement benefits not wholly time-barred; thus, it may continue to pursue recovery action. |
Civil Procedure |
|
B. Walsh | Dec. 13, 2017 |
|
15-15754
|
Havasupai Tribe v. Provencio
Where government approves mine as 'undertaking' under National Historic Preservation Act, it is not new 'undertaking' requiring similar review when stalled mine later seeks to resume active operations. |
Environmental Law |
|
F. Block | Dec. 13, 2017 |
|
16-35583
|
U.S. v. Gutierrez
Conviction for brandishing firearm during crime of violence valid where predicate offense, carjacking, categorically qualifies as crime of violence. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Dec. 13, 2017 |
|
D072267
|
Admiral Ins. Co. v. Superior Court
The plain meaning of a 'prior notice' provision in a business' insurance policy applies even if the policy form was designed for a different industry. |
Insurance |
|
W. Dato | Dec. 13, 2017 |
|
16-75374
|
Arazola-Galea v. U.S.
Application for authorization to file second or successive habeas petition based on Supreme Court's 'Mathis' ruling denied where 'Mathis' merely clarified existing rules. |
Criminal Law and Procedure |
|
J. Rawlinson | Dec. 13, 2017 |
|
H041569
|
Choi v. Sagemark Consulting
Summary judgment in favor of defendants on basis of action's untimeliness affirmed where limitations period commences upon plaintiffs' suspicion of injury. |
Civil Procedure |
|
E. Premo | Dec. 13, 2017 |
|
H042666
|
People v. Rubino
Argument challenging CALCRIM No. 1520 for its alleged failure to instruct on 'specific intent' fails on appeal where the instruction includes specific intent. |
Criminal Law and Procedure |
|
A. Grover | Dec. 13, 2017 |
|
B282149
|
In re A.O.
Where most recent admitted or proved charged against minor not within certain statutory provisions, commitment to state facilities not statutorily permitted. |
Juveniles |
|
S. Perren | Dec. 13, 2017 |
|
B275274
|
Optional Capital Inc. v. Das Corporation et al.
The 'law of the case doctrine' does not apply to a prior decision involving different parties and issues. |
Anti-SLAPP |
|
J. Johnson | Dec. 12, 2017 |
|
E068050
|
In re M.L.
Judgment denying minor’s petition to seal public records affirmed where court acts within its discretion in deciding that it cannot grant petition without reviewing records. |
Juveniles |
|
A. McKinster | Dec. 12, 2017 |
|
G052024
|
In re Marriage of Kamgar
Husband must pay spouse nearly $2 million for breaching spousal fiduciary duties for recklessly trading community property over what wife allowed. |
Family Law |
|
R. Aronson | Dec. 12, 2017 |
|
D072136
|
Howeth v. Coffelt
Order denying postjudgment motion is not appealable where order follows consent judgment. |
Civil Procedure |
|
R. Huffman | Dec. 12, 2017 |
|
C074879
|
Dept. of Forestry and Fire Protection v. Howell
Order |
Civil Procedure |
|
Dec. 12, 2017 | |
|
15-15448
|
Frudden v. Pilling
Uniform policy requiring elementary students to wear uniform bearing 'Tomorrow's Leaders' motto and exemption violates First Amendment under governing Ninth Circuit law. |
Civil Rights |
|
W. Fletcher | Dec. 12, 2017 |
|
16-1432
|
Sveen v. Melin
Order |
|
Dec. 12, 2017 | ||
|
17-155
|
Hughes v. U.S.
Order |
|
Dec. 12, 2017 | ||
|
17-312
|
U.S. v. Sanchez-Gomez
Order |
|
Dec. 12, 2017 | ||
|
17-387
|
Upper Skagit Indian Tribe v. Lundgren
Order |
|
Dec. 12, 2017 | ||
|
17-432
|
China Agritech Inc. v. Resh
Order |
|
Dec. 12, 2017 | ||
|
17-5716
|
Koons v. U.S.
Order |
|
Dec. 12, 2017 | ||
|
S235549
|
Jackson v. Superior Court (People)
A defendant's release following a three-year involuntary commitment under Penal Code Section 1370 is not a categorical bar to new proceedings. |
Criminal Law and Procedure |
|
G. Liu | Dec. 12, 2017 |
|
S175851
|
People v. Rices
In automatic appeal from judgment of death, trial counsel's allegedly conflicted representation does not warrant reversal of murder convictions relating to liquor store robbery. |
Criminal Law and Procedure |
|
M. Chin | Dec. 12, 2017 |
|
E066293
|
People v. Nguyen
Pleading a prior serious felony conviction and three strikes law, without citing an enhancement statute, it is a prosecutor's 'discretionary charging decision' for sentencing purposes. |
Criminal Law and Procedure |
|
M. Ramirez | Dec. 12, 2017 |
|
16-16915
|
Roberts v. AT&T Mobility LLC
Order compelling arbitration affirmed over plaintiffs’ opposition on constitutional grounds where plaintiffs fail to show that defendant’s action is attributable to state. |
Civil Procedure |
|
R. Tallman | Dec. 12, 2017 |
|
E067486
|
In re R.G.
Judgment declaring minor ward of court reversed and remanded where court reviews inadequate Welfare and Institutions Code Section 241.1 report. |
Juveniles |
|
A. McKinster | Dec. 12, 2017 |
|
H044133
|
Apple Inc. v. Superior Court (Santa Clara)
Following Delaware Supreme Court ruling, panel directs courts to assess demand futility analysis in relationship to corporate board in place at time of amended complaint, not at time original suit was filed. |
Corporations |
|
E. Premo | Dec. 12, 2017 |
|
A148997
|
People v. Shaw
Foil-lined bag used in stealing merchandise not considered 'burglary tool' within meaning of Penal Code warranting reversal of conviction for possession of burglary tools. |
Criminal Law and Procedure |
|
J. Humes | Dec. 11, 2017 |
|
17-55472
|
Epona LLC v. County of Ventura
It is unconstitutional to make protected freedoms contingent on the uncontrolled will of an official. |
Constitutional Law |
|
M. Smith | Dec. 8, 2017 |
|
16-15377
|
Brown v. Cinemark USA Inc.
Order |
|
Dec. 8, 2017 |