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Name Category Published
Manes v. Sessions
No presumption asylum applicant is credible; adverse credibility finding sufficiently precise where based on applicant's 'nervous,' 'desperate' testimony as to contrary evidence in record. 		Immigration 9th Nov. 28, 2017
U.S. v. Johnson
Sentence vacated where lower court fails to classify California robbery conviction as crime of violence. 		Criminal Law and Procedure 9th Nov. 28, 2017
Tri-Fanucchi Farms v. Agricultural Labor Relations Board
An employer may not defend against a union's mediation request on the basis of abandonment. 		Labor Law CASC Nov. 28, 2017
F.P. v. Monier
Trial court's failure to issue statement of decision upon request is not error that is reversible per se; instead, error is subject to harmless error review. 		Civil Procedure CASC Nov. 28, 2017
Daewoo Electronics American v. OPTA
New Jersey state law doctrine meant to preserve judicial resources does not have preclusive effect on suit filed in California federal court. 		Civil Procedure 9th Nov. 28, 2017
Gerawan Farming, Inc. v. Agricultural Labor Relations Board
Individualized nature of mandatory mediation process imposed upon agricultural employers and employees does not give rise to facial 'class of one' equal protection challenge. 		Labor Law CASC Nov. 28, 2017
United States v. District Court (Regents of the University of California)
Order 		9th Nov. 27, 2017
Laboratory Specialists International v. Shimadzu Scientific etc.
Dismissal affirmed where party who raises improper forum objection when he or she demurs does not forfeit improper forum issue. 		Civil Procedure 4DCA/3 Nov. 27, 2017
Citizens of Humanity v. Applied Underwriters
In context of insurance policy agreement, federal McCarron-Ferguson Act operates to allow state law to reverse-preempt FAA and preclude mandatory arbitration. 		Insurance 2DCA/2 Nov. 27, 2017
Shahbazian v. City of Rancho Palos Verdes
Trial court properly denies city's attempt to use anti-SLAPP motion to dismiss claim over permitting decision. 		Civil Procedure 2DCA/7 Nov. 27, 2017
Dickinson v. Cosby
Judgment granting anti-SLAPP motion reversed where statements are not opinions but rather state or imply a 'provably false assertion of fact.' 		Anti-SLAPP 2DCA/8 Nov. 24, 2017
People v. Roth
Order vacating misdemeanor sentence and reinstating felony sentence affirmed where misdemeanor sentence was unauthorized and thereby justifiably increased. 		Criminal Law and Procedure 2DCA/4 Nov. 24, 2017
Assn. of Irritated Residents v. Kern County Board etc.
Kern County must reconsider its determination that the ICCTA preempts a CEQA environmental impact report relating to proposed railway project linking to petroleum refinery. 		Environmental Law 5DCA Nov. 24, 2017
Los Globos Corp. v. City of Los Angeles
Demurrer properly sustained without leave to amend where party fails to exhaust administrative remedies. 		Civil Procedure 2DCA/1 Nov. 22, 2017
Modification: Kennedy Commission et al. v. City of Huntington Beach et al.
Government Code Section 65454, which prohibits a municipality from amending a specific plan unless consistent with the general plan, does not apply to a charter city unless adopted by charter or ordinance. 		Municipal Law 4DCA/2 Nov. 22, 2017
Milby v. Templeton (In re Milby)
Equitable tolling applies where party was diligent, overall, in the pursuit of rights and where extraordinary circumstance prevented him or her from timely filing. 		Bankruptcy 9th Nov. 22, 2017
Curry v. Yelp, Inc.
Plaintiffs failed to allege scienter and loss causation relating to customer complaints of Yelp's alleged review manipulation. 		Securities 9th Nov. 22, 2017
Morris v. Superior Court
Petition challenging policy denying appellate respondents convicted of misdemeanors of court-appointed counsel on Sixth Amendment grounds is denied where Sixth Amendment is inapplicable at appellate level. 		Constitutional Law 4DCA/2 Nov. 22, 2017
U.S. v. Brown
In issue of first impression, inmate serving federal sentence remains under 'custody of the Attorney General' when he is held at state-run institution pursuant to writ of habeas corpus ad prosequendum. 		Prisoners' Rights 9th Nov. 22, 2017
U.S. v. Yepiz
Order 		9th Nov. 21, 2017
P. v. Gollardo
'Forgery of...narcotic prescription' ineligible for Proposition 47 sentence reduction where proposition makes no mention of offense and does not amend or add to offense. 		Criminal Law and Procedure 1DCA/3 Nov. 21, 2017
City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless. 		Administrative Agencies 3DCA Nov. 21, 2017
Klem v. Access Insurance Co.
Defendant's statement to entity with common interest is qualifiedly privileged where plaintiff fails to show that statement was made with malice. 		Anti-SLAPP 4DCA/1 Nov. 21, 2017
Cornell v. City and County of San Francisco
San Francisco fails to overturn verdict favoring police officer trainee who lost his job after police officers unlawfully arrested him during run at Golden Gate Park. 		Torts 1DCA/4 Nov. 20, 2017
United States v. District Court (Regents of the University of California)
Order 		9th Nov. 20, 2017
Arellano v. Clark County Collection Service LLC
Debt collector cannot evade Fair Debt Collection Practices Act's restrictions by strategically forcing debtor's claims to be auctioned, erroneously resulting in dismissal of debtor's FDCPA action. 		Consumer Law 9th Nov. 20, 2017
Conejo-Bravo v. Sessions
Traditional hit and run causing bodily injury is crime of moral turpitude that renders non-citizen ineligible for cancellation of removal. 		Immigration 9th Nov. 20, 2017
People v. Hicks
Drug dealer's convictions for trafficking teenage runaways for sex act stand although he allegedly stopped paying teen for sex and naked photos after learning true age. 		Criminal Law and Procedure 4DCA/3 Nov. 20, 2017
People v. Brewer
Proposition 57 does not retroactively apply to juvenile defenders whose case was not final at the time of enactment. 		Juveniles 5DCA Nov. 20, 2017
Modification: Cornell v. City and County of San Francisco
San Francisco fails to overturn verdict favoring police officer trainee who lost his job after police officers unlawfully arrested him during run at Golden Gate Park. 		Torts 1DCA/4 Nov. 20, 2017
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