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Name Category Published
Amended Opinion: Petrocelli v. Baker
Death sentence reversed in case where admission of psychiatric testimony during penalty phase violated defendant's constitutional rights under 'Estelle v. Smith.' 		Criminal Law and Procedure 9th Aug. 28, 2017
Mahan v. Charles W. Chan Insurance Agency Inc.
On rehearing, elderly couple may proceed with financial elder abuse and related claims against insurance advisors that allegedly took advantage of their cognitive issues. 		Torts 1DCA/4 Aug. 28, 2017
Ed H. v. Ashley C.
Visitation properly denied to great-grandparents, where grandparent visitation statutes do not authorize great-grandparents to petition for visitation. 		Family Law 4DCA/1 Aug. 28, 2017
Modification: In re Travis C.
Court properly assumed jurisdiction over child under Welfare and Institutions Code 300(b)(1) where mother’s mental illness created ‘substantial risk’ of serious physical harm. 		Juveniles 2DCA/1 Aug. 28, 2017
Mercury Casualty Co. v. City of Pasadena
City of Pasadena not liable under inverse condemnation theory for damage caused to homeowner’s property by fallen tree during 2011 wind storm. 		Insurance 2DCA/3 Aug. 28, 2017
The Highway 68 Coalition v. County of Monterey (Omni Resources LLC)
Plaintiff unsuccessful in challenging adverse rulings following challenge to county’s approval of shopping center project. 		Environmental Law 6DCA Aug. 28, 2017
Rubenstein v. The Gap Inc.
Plaintiff’s claim under the Consumers Legal Remedies Act fails where Plaintiff’s complaint fails to allege that defendant misrepresented its products. 		Consumer Law 2DCA/1 Aug. 28, 2017
Zermeno-Gomez v. USDC-AZP
Order 		9th Aug. 28, 2017
People v. Brooks
Probation term that gave probation officer authority to direct probationer’s participation in any program constitutes improper delegation of judicial authority, but warrants only modification. 		Criminal Law and Procedure 4DCA/1 Aug. 28, 2017
Modification: Orange Co. Water Dist. v. Sabic Innovative Plastics
Regulatory agency plaintiff may seek reimbursement costs under the Carpenter-Presley-Tanner Hazardous Substance Account Act even if plaintiff is not jointly liable for those costs. 		Environmental Law 4DCA/1 Aug. 28, 2017
Alamillo v. BNSF Railway Co.
Locomotive engineer’s disability discrimination claim falters absent any evidence that his alleged disability, as opposed to his absenteeism, factored in his dismissal. 		Employment Law 9th Aug. 28, 2017
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 Aug. 28, 2017
Marriage of Mendoza and Cuellar
Ex-wife’s request to make permanent spousal support retroactive to date of filing divorce petition greatly limited by statue and properly denied. 		Family Law 4DCA/3 Aug. 28, 2017
U.S. v. Robinson
Error in concluding that defendant’s conviction for Washington crime of second-degree assault is ‘crime of violence’ results in vacated sentence and remand. 		Criminal Law and Procedure 9th Aug. 28, 2017
U.S. v. Walter-Eze
Defendant must show prejudice under ‘Strickland v. Washington’ even if an actual conflict of interest exists, where ‘Cuyler v. Sullivan’s’ prejudice standard is in applicable. 		Criminal Law and Procedure 9th Aug. 28, 2017
Berezovsky v. Bank of America
Federal Foreclosure Bar preempts Nevada law to prevent homebuyer from purchasing foreclosed property to which Federal Housing Finance Agency had a claim. 		Real Property 9th Aug. 28, 2017
People v. Romero
Failure to remove juror, who had substantial relationship with sexual assault victim amounting to ‘actual bias,’ constitutes constitutional error that warrants reversal of convictions. 		Criminal Law and Procedure 2DCA/1 Aug. 25, 2017
Riddell Inc. v. Superior Court (Ace American Insurance Co.)
In dispute over insurance coverage for products liability action, football helmet manufacturers win partial victory in discovery dispute with insurers. 		Insurance 2DCA/7 Aug. 25, 2017
Ramirez v. City of Gardena
Vehicle Code Section 17004.7(b)(2) does not require public agency employing peace officers to prove that each of its officers have ‘received, read, and understand’ the agency’s vehicular pursuit policy. 		Immunity 2DCA/1 Aug. 25, 2017
Heimlich v. Shivji
Order 		6DCA Aug. 25, 2017
Meza v. Portfolio Recovery Associates
Order 		CASC Aug. 25, 2017
City of Morgan Hill v. Bushey (River Park Hospitality)
Order 		6DCA Aug. 25, 2017
People v. Ledesma
Rapist fails to overturn One Strike Law sentence enhancement on vagueness grounds by likening California’s asportation requirement with federal statute found impermissibly vague. 		Criminal Law and Procedure 4DCA/1 Aug. 25, 2017
Disney Enterprises Inc. v. VidAngel Inc.
VidAngel not exempt from liability for copyright infringement under Family Movie Act for streaming filtered version of ‘ripped’ copyright materials. 		Intellectual Property 9th Aug. 25, 2017
Sprunk v. Prisma LLC
Employer’s motion to compel arbitration properly denied, where it waives right to compel arbitration against class members by deciding not to seek arbitration against named plaintiff. 		Arbitration 2DCA/1 Aug. 25, 2017
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 CASC Aug. 25, 2017
Hampton v. Pacific Investment Management Co. LLC
Dismissal of securities class action under Securities Litigation Uniform Standards Act is without prejudice where such dismissal involved jurisdictional issue rather than merits. 		Securities 9th Aug. 25, 2017
DZ Bank AG Deutsche Zentral- Genossenschaft Bank v. Meyer
Creditor may recover full amount of debtor’s non-dischargeable debt resulting from fraudulent asset transfers. 		Bankruptcy 9th Aug. 25, 2017
Cal Sierra Development Inc. v. George Reed Inc.
Res judicata precludes action against licensee following arbitration that resulted in unfavorable judgment for plaintiff where licensee was privy to party that prevailed in arbitration. 		Civil Procedure 3DCA Aug. 24, 2017
OTO LLC v. Kho
Denial of employer’s petition to compel arbitration of employee’s claim for unpaid wages reversed, where arbitration proceeding is not substantively unconscionable. 		Arbitration 1DCA/1 Aug. 24, 2017
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