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Brown v. Garcia
Under the doctrine of sovereign immunity, a state court has no jurisdiction over the intra-tribal matters of a federally-recognized Native American Tribe. 		Native American Affairs 1DCA/3 Dec. 4, 2017
People v. Sandoval
A criminal protective order must be reasonable and narrowly tailored while still protecting the victim. 		Criminal Law and Procedure 4DCA/1 Dec. 4, 2017
U.S. ex rel. Max Bennett v. Biotronik Inc.
The government-action bar under the False Claims Act applies even when the government is no longer an active participant in an ongoing 'qui tam' lawsuit. 		statutory_interpretation 9th Dec. 4, 2017
Lower Elwha Klallam Tribe v. Lummi Nation
The Lummi Nation's usual and accustomed grounds under the 1855 Treaty of Point Elliott includes the waters west of Whidbey Island near present-day Seattle. 		Native American Affairs 9th Dec. 4, 2017
QDOS Inc. v. Signature Financial LLC
A customer's payment with a third-party check, by itself, does not create a merchant's duty of care to investigate under the policy considerations enumerated in 'Biakanja' and 'Rowland.' 		Torts 2DCA/2 Dec. 1, 2017
Lopez v. Routt
Asymmetric application of attorney fees awards in FEHA action of equal force with regard to individual defendants as with employer defendants. 		Civil Procedure 2DCA/3 Dec. 1, 2017
R.W.L. Enterprises v. Oldcastle Inc.
For one agreement's terms to be incorporated into another under Civil Code Section 1642, the reference must be clear and unequivocal. 		Contracts 4DCA/1 Dec. 1, 2017
Burd v. Barkley Court Reporters Inc.
Both official court reporters and official reporters pro tempore are employees of the superior court for purposes of service fees under Government Code Sections 69950 and 69954. 		Government 2DCA/2 Dec. 1, 2017
Olson v. Manhattan Beach Unified School District
Grievance filed against Manhattan Beach Unified School District does not put plaintiff in substantial compliance of Government Claims Act because it did not contain many elements required by Act. 		Government 2DCA/4 Dec. 1, 2017
Montrose Chemical Corp. of California v. Superior Court (Canadian Universal Insurance Co.)
Order 		2DCA/3 Dec. 1, 2017
Oto v. Kho (Su)
Order 		1DCA/1 Dec. 1, 2017
Stoetzl v. State of CA, Dept. of Human Resources
Order 		1DCA/4 Dec. 1, 2017
People v. Page
Resentencing petitioner entitled to show eligibility for Prop 47 sentence reduction by showing Vehicle Code conviction was based on a taken vehicle worth less than $950. 		Criminal Law and Procedure 4DCA/2 Dec. 1, 2017
Yang v. Dongwon Industries Co.
A party wishing to compel arbitration under U.N. arbitration convention must be a signatory and a party to the agreement containing the clause. 		Arbitration 9th Dec. 1, 2017
Smith v. City of Santa Clara
The constitutionality of a warrantless probation search affecting the rights of a third party is determined by assessing the totality of the circumstances. 		Constitutional Law 9th Dec. 1, 2017
City of Fontana et al. v. California Department of Tax and Fee Administration
Under 'McMillan' a court may not reverse an administrative agency's decision if a reasonable person would come to the same conclusion based upon the evidence before the agency. 		Administrative Agencies 1DCA/2 Nov. 30, 2017
Modification: Cima-Sorci v. Sorci
Under Uniform Interstate Family Support Act, party challenging foreign child support order has burden of proving affirmative defense to order enforcement. 		Family Law 3DCA Nov. 30, 2017
Amended Opinion: First Amendment Coalition v. United States Dept. of Justice
In action seeking disclosure of government memoranda regarding legality of targeted killings of U.S. citizen terrorists, district court errs in denying plaintiff who 'substantially prevailed' attorney fees. 		Government 9th Nov. 30, 2017
Rhue v. Superior Court of Los Angeles County
Difficulty is not sufficient excuse for trial court to deny provision of settled statement, nor is it the trial court's purview to decide whether such statement would be useful to appellate court. 		2DCA/7 Nov. 30, 2017
Sayta v. Chu
Confidential settlement agreement granting parties power to request trial court retain jurisdiction to enforce settlement is not enough, without any actual request, to preserve subject matter jurisdiction. 		Civil Procedure 1DCA/5 Nov. 30, 2017
Turman v. Superior Court of Orange County
In denying a motion for class action certification, the trial court's reasons must be sufficient to justify the order, and supported by substantial evidence. 		Civil Procedure 4DCA/3 Nov. 30, 2017
Eichenberger v. ESPN Inc.
'Personally identifiable information' within the meaning of the Video Privacy Protection Act of 1988 must include information which can be used to identify an individual. 		Civil Procedure 9th Nov. 30, 2017
Crime Justice & America Inc. v. Honea
Rational relationship between unsolicited commercial mail ban and prison safety justification renders district court ruling proper. 		Constitutional Law 9th Nov. 30, 2017
United States v. Molinar
Attempted armed robbery is a 'crime of violence' under the U.S. Sentencing Guidelines Manual's enumerated felonies clause. 		Criminal Law and Procedure 9th Nov. 30, 2017
Flores v. Southcoast Automotive Liquidators, Inc. et al.
Remedies under the Consumer Legal Remedies Act are cumulative of other statutory or common law rights. 		Consumer Law 2DCA/5 Nov. 29, 2017
Hutcheson v. Eskaton Fountainwood Lodge
On rehearing, panel again finds that attorney-in-fact exceeds authority under power of attorney to admit principal to residential care facility, thus precluding facility from enforcing arbitration agreement contained in admission agreement. 		Health Care 3DCA Nov. 29, 2017
Julian v. Glenair Inc.
Agreement to arbitrate PAGA claim not enforceable where respondent enters into agreement before respondent is statutorily authorized to bring claim. 		Arbitration 3DCA Nov. 29, 2017
Cima-Sorci v. Sorci
Under Uniform Interstate Family Support Act, party challenging foreign child support order has burden of proving affirmative defense to order enforcement. 		Family Law 3DCA Nov. 29, 2017
Brown v. United States
Order 		USSC Nov. 28, 2017
U.S. v. Robertson
Wetlands with a nexus to navigable waters fall within the jurisdiction of the Clean Water Act. 		Environmental Law 9th Nov. 28, 2017
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