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Name Category Published
People v. Lozano
Recent amendment to Penal Code Section 3051, which created youth offender parole hearing process, renders juvenile homicide offender's Eighth Amendment challenge to LWOP sentence moot. 		Criminal Law and Procedure 2DCA/5 Nov. 13, 2017
Padron v. Watchtower Bible and Tract Society of New York
Court may impose 'hefty' monetary sanction on litigant where litigant repeatedly fails to comply with court's order. 		Civil Procedure 4DCA/1 Nov. 13, 2017
People v. Avignone
Trial court lacks authority to strike white collar enhancement and therefore lacked authority to impose prison sentence instead of jail time under Realignment Act. 		Criminal Law and Procedure 4DCA/1 Nov. 10, 2017
Diaz v. Professional Community Management, Inc.
A party which invites the trial court to commit an error is estopped from challenging that error on appeal. 		Civil Procedure 4DCA/3 Nov. 10, 2017
Williams v. King
Magistrate judge erroneously dismisses civil rights complaint where not all named parties in complaint consented to have case be decided by magistrate. 		Prisoners' Rights 9th Nov. 10, 2017
Walker v. Physical Therapy Bd. of California
Boards revocation of physical therapists license based on dangerous use of alcohol does not require separate showing that therapists conduct affected therapist's profession. 		Administrative Agencies 4DCA/1 Nov. 10, 2017
San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego
Lawsuit challenging City of San Diego's issuance of bonds to finance baseball stadium in Petco Park erroneously dismissed for lack of standing. 		Municipal Law 4DCA/1 Nov. 10, 2017
Hewlett-Packard Company and Consolidated Subsidiaries v. Commissioner of Internal Revenue
Tax shelter fees may not be deducted under the Internal Revenue Code. 		Tax 9th Nov. 10, 2017
Hamer v. Neighborhood Housing Services of Chicago
Federal Rule of Appellate Procedure 4(a)(5)(C)'s 30-day limitation on extensions for filing of notice of appeal erroneously treated as jurisdictional, reviving plaintiff's appeal. 		Civil Procedure USSC Nov. 9, 2017
People v. Forest
Writ of coram nobis denied where petitioner presents statement expressing legal 'opinion' as new 'fact.' 		Criminal Law and Procedure 1DCA/1 Nov. 9, 2017
United States v. Glassdoor Inc. (In re Grand Jury Subpoena No. 16-03-217)
Glassdoor must disclose identifying information of reviewers who posed anonymous reviews on Glassdoor.com about government contractor employer suspected of defrauding government. 		Constitutional Law 9th Nov. 9, 2017
Oregon State University v. Superior Court (Sutherland)
Oregon's claims notice provision entitled to full faith and credit, warranting vacatur of trial court's order overruling state university's demurrer of injured Californian's tort claims. 		Torts 4DCA/1 Nov. 9, 2017
Estate of Reed
Oral order removing representative of probate estate is not final appealable order where order references 'forthcoming written decision' on its findings. 		probate_and_trusts 1DCA/5 Nov. 9, 2017
The People v. Valdivia
Probation condition allowing warrantless searches and seizures of domestic abuse defendant's electronic devices overbroad. 		Criminal Law and Procedure 3DCA Nov. 9, 2017
Brewer v. Superior Court for the County of Contra Costa
Evidence found during a traffic stop may be challenged under the Fourth Amendment as the fruit of an unlawful detention, even if the defendant lacks a reasonable expectation of privacy in a searched vehicle. 		Criminal Law and Procedure 1DCA/4 Nov. 8, 2017
The Traveler's Property Casualty Co. of America v. Actavis Inc.
Insurer has no duty to defend lawsuits filed by California counties against pharmaceutical companies accused of deceptive and fraudulent marketing of opioids. 		Insurance 4DCA/3 Nov. 8, 2017
W.R., a Minor
Phrase 'in the case' as used in Welfare and Institutions Code Section 786, concerning sealing of juvenile records, does not mean sealing of entire court file. 		Juveniles 1DCA/1 Nov. 8, 2017
Leon v. Berryhill
Applicant for disability benefits not entitled to direct award of benefits on review under 'credit-as-true' rule where record leaves doubt as to disability. 		Administrative Agencies 9th Nov. 8, 2017
People v. Garcia
Jury instruction allowing finding of domestic violence crimes by preponderance of evidence while also requiring proof beyond reasonable doubt to convict does not lower burden of proof for conviction. 		Criminal Law and Procedure 2DCA/5 Nov. 8, 2017
Saldivar v. Sessions
A non-U.S. citizen with unlawful status procedurally admitted at a border crossing may apply to cancel removal under 8 U.S.C. Section 1229b(a)(2) in a deportation action. 		Immigration 9th Nov. 8, 2017
Hoffman v. Superior Court
Petition denied where information containing counts that allege single offense and that provides evidence of multiple acts constituting each offense does not warrant demurrer. 		Criminal Law and Procedure 4DCA/3 Nov. 8, 2017
Dean W., a Minor
Ward's right to have all juvenile records sealed include acknowledgement of dangerousness of DUI offense, preventing later use in criminal DUI proceedings. 		Juveniles 4DCA/3 Nov. 7, 2017
Ross v. United States
Order 		USSC Nov. 7, 2017
Kernan v. Cuero
No U.S. Supreme Court decision clearly establishes that state court must impose lower sentence as parties originally expected, warranting reversal of Ninth Circuit's contrary decision. 		Criminal Law and Procedure USSC Nov. 7, 2017
Dunn v. Madison
Federal habeas relief properly denied where trial court's competence to execute determination involved proper application of law and was based on reasonable determination. 		Constitutional Law USSC Nov. 7, 2017
Dow Agrosciences LLC v. Superior Court (Center for Environmental Health)
Motion to transfer venue from Alameda County to Kern County erroneously denied where defendant's alleged failure to warn arose in Kern County. 		Civil Procedure 1DCA/4 Nov. 7, 2017
Flowers v. Financial Industry Regulatory Authority Inc.
FINRA defeats securities representative's complaint seeking expungement of his disciplinary record where plaintiff failed to exhaust available administrative remedies. 		Securities 4DCA/1 Nov. 6, 2017
Fernandes v. Singh
Principal factor in awarding punitive damages, reprehensibility, demonstrated where defendants rented uninhabitable apartment and evicted complaining tenant without notice. 		Civil Procedure 3DCA Nov. 6, 2017
Lichtman v. Siemens Industry Inc.
Summary judgment in favor of defendant reversed where defendant, which is not in privity with plaintiff, fails to show absence of duty of care. 		Torts 2DCA/5 Nov. 6, 2017
Clemens v. Centurylink Inc.
District court has authority to award tax 'gross-up' adjustment to account for increased income-tax liability resulting from back-pay award in Title VII case. 		Employment Discrimination 9th Nov. 6, 2017
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