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Name Category Published
Dan Farr Productions v. U.S. District Court
Prior restraint orders limiting defendant's speech are improper where plaintiff's right to fair trial would not be threatened in absence of prior restraint orders. 		Constitutional Law 9th Oct. 30, 2017
People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.' 		Criminal Law and Procedure 4DCA/2 Oct. 27, 2017
People v. Luo
Statute is not vague where statute clearly warns of prohibited conduct with reasonable degree of certainty. 		Labor Law 6DCA Oct. 27, 2017
Foltz v. Johnson
Primary assumption of the risk doctrine properly applied to bar negligence claim against coparticipant in case where plaintiff suffers paralyzing spinal injury in dirt bike accident. 		Torts 2DCA/4 Oct. 27, 2017
People v. Buell
Revocation of mandatory supervision affirmed where conclusion that defendant consumed alcohol is corroborated by reliable expert testimony and data. 		Criminal Law and Procedure 1DCA/4 Oct. 27, 2017
Diedrich v. Berryhill
Administrative law judge's failure to call medical expert to determine claimant's disability onset date prejudiced claimant warranting reversal of denial of SSDI benefits. 		Administrative Agencies Oct. 27, 2017
M.F. v. Pacific Pearl Hotel Management LLC
Demurrer improperly sustained in employer's favor in case brought by housekeeping employee alleging violation of the FEHA stemming from rape by trespassing drunk man. 		Employment Law 4DCA/1 Oct. 27, 2017
People v. Harrison
Prosecution's failure to disclose digital in-car video of defendant's alleged confession, despite 'cryptic' reference in police report, constitutes 'Brady' violation, warranting reversal. 		Criminal Law and Procedure 2DCA/6 Oct. 27, 2017
Modification: Briggs v. Brown
Proposition 66--the Death Penalty Reform and Savings Act of 2016--upheld despite concerns over separation of powers, where measure's stated deadlines are directive rather than mandatory. 		Criminal Law and Procedure California Courts of Appeal Oct. 27, 2017
Revels v. Berryhill
Order denying supplemental security income and disability insurance benefits reversed where administrative law judge fails to provide substantial evidence for rejecting treating contradicted physician opinion. 		Administrative Agencies 9th Oct. 27, 2017
YDM Management Co. Inc. v Sharp Community Medical Group Inc.
Company that acquired medical provider's accounts receivables not entitled to additional reimbursement where it failed to establish services rendered were for emergency. 		Civil Procedure 4DCA/1 Oct. 26, 2017
Midbrook Flowerbulbs Holland B.V. v. Holland America Bulb Farms Inc.
In business dispute between American and Dutch companies, American company unsuccessful in challenging enforcement of adverse Dutch judgment under Uniform Foreign-Country Money Judgments Recognition Act. 		International Law 9th Oct. 26, 2017
U.S. v. Wallen
Conviction for killing endangered species vacated and remanded where magistrate judge fails to apply 'subjective' good faith belief standard to defendant's self-defense theory. 		Criminal Law and Procedure 9th Oct. 26, 2017
People v. Mathews
Motion to suppress properly denied on estoppel grounds, where defendant gave false name to police and record check failed to reveal defendant was in fact subject to probation search condition. 		Criminal Law and Procedure 1DCA/1 Oct. 26, 2017
Trump v. Hawaii
Order 		USSC Oct. 26, 2017
IPC (USA) Inc. v. Ellis (In re Pettit Oil Co.)
Consignor who fails to perfect interest in consigned goods properly relegated as unsecured creditor whose rights in consigned goods are subordinate to trustee's. 		Bankruptcy BAP Oct. 25, 2017
Modification: People v. Mooring
Criminalist's use of Indent-A-Drug Website to identify drugs found in defendants' possession do not violate hearsay law or confrontation clause. 		Criminal Law and Procedure 1DCA/5 Oct. 25, 2017
Kendall v. Scripps Health
Denial of class certification appropriate where administrative cost to identify class is so substantial that it renders potential class benefits de minimis. 		Civil Procedure 4DCA/1 Oct. 25, 2017
Gholipour v. Superior Court
Transferring court retains jurisdiction over restitution on remand until it determines the amount of restitution. 		Criminal Law and Procedure 4DCA/1 Oct. 25, 2017
People v. Malik
Defendant's confrontation rights violated under 'Sanchez' where prosecutor's cross-examination of defendant's PTSD expert involved case-specific testimonial hearsay not covered under any hearsay exception. 		Criminal Law and Procedure 3DCA Oct. 25, 2017
Comerica Bank v. Runyon (Facciuto)
Debtor's application for contribution from judgment co-debtors improperly denied as untimely although creditor had not filed acknowledgment, rendering judgment not fully satisfied. 		Civil Procedure 4DCA/3 Oct. 24, 2017
Amended Opinion: Contest Promotions LLC v. City and County of San Francisco
San Francisco's billboard-related regulations that distinguish between commercial and noncommercial signs passes intermediate scrutiny under 'Central Hudson,' warranting dismissal of advertiser's First Amendment claims. 		Civil Rights 9th Oct. 24, 2017
Makah Indian Tribe v. Quileute Indian Tribe
Indian tribe's 'right of taking fish' under Treaty of Olympia encompasses whales and seals, but dispute over fishing boundaries warrants partial reversal and remand. 		Native American Affairs 9th Oct. 24, 2017
People v. Gonzales
Jury instructions regarding uncharged offenses may have been erroneous, but any error was not prejudicial to warrant reversal of child sex convictions. 		Criminal Law and Procedure 2DCA/6 Oct. 24, 2017
Modification: People v. Lin
Holding in 'People v. Sanchez' regarding expert's use of case-specific facts applies equally to cases involving commitments of mentally disordered offenders. 		Criminal Law and Procedure 2DCA/6 Oct. 24, 2017
Lair v. Motl
Montana's limits on campaign contributions improperly invalidated, where limits are justified by state's interest in preventing quid pro quo corruption. 		Civil Rights 9th Oct. 24, 2017
People ex rel. Harris v. Shine
Pendente lite fees improperly awarded to former trustee of charitable trust accused of mismanagement and where trustee failed to demonstrate ultimate entitlement to fees. 		probate_and_trusts 1DCA/5 Oct. 24, 2017
Curtis Engineering Corp. v. Superior Court (Sutherland)
Demurrer improperly sustained, where relation-back doctrine cannot save plaintiff from noncompliance with statutory deadline for filing required certificate of merit. 		Civil Procedure 4DCA/1 Oct. 24, 2017
Morrill v. Scott Financial Corporation
Court lacks personal jurisdiction over defendant where conduct is not directed toward forum state. 		Attorneys 9th Oct. 24, 2017
In re Aiden L.
Failure to make necessary findings supporting jurisdiction under UCCJEA results in vacated order terminating parental rights and remand. 		Dependency 2DCA/7 Oct. 24, 2017
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