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Name Category Published
Quigley v. Garden Valley Fire Protection District
Order 		CASC Aug. 11, 2017
Cross v. Facebook
Plaintiff must show that defendant used plaintiff’s identity in order to prevail under a common law right of publicity claim. 		Anti-SLAPP 1DCA/2 Aug. 11, 2017
U.S. v. Smith
Relators’ motion to intervene in criminal action properly denied, where False Claim Act’s ‘alternate remedy’ provisions do not permit intervention. 		Criminal Law and Procedure 9th Aug. 11, 2017
Asarco LLC v. Atlantic Richfield Co.
Ninth Circuit provides clarity to CERCLA contribution action by addressing three issues of first impression and reverses dismissal of contribution action involving East Helena Superfund Site. 		Environmental Law 9th Aug. 11, 2017
Towery v. State
State not liable to former inmate for contracting valley fever while incarcerated in Kern Valley State Prison. 		Immunity 2DCA/1 Aug. 11, 2017
Surfrider Foundation v. Martins Beach 1 LLC
In action challenging closure of public access to beach, landowners unsuccessful in challenging adverse rulings. 		Environmental Law 1DCA/5 Aug. 11, 2017
Curci Investments v. Baldwin
Reverse veil piercing relief sought by judgment creditor to hold LLC liable as judgment debtor erroneously denied based on improper application of ‘Postal Instant.’ 		Corporations 4DCA/3 Aug. 11, 2017
Parrish v. Latham & Watkins
Probable cause is established where a trial court rules in favor of the plaintiff in the underlying action, even if a subsequent ruling overturns the initial ruling. 		Anti-SLAPP CASC Aug. 11, 2017
Light v. California Dept. of Parks and Recreation
Employee may maintain emotional distress and retaliation claims against state department despite workers’ compensation scheme’s exclusivity provisions. 		Employment Law 4DCA/1 Aug. 10, 2017
Bridges v. Mt. San Jacinto Community College Dist.
Parties must exhaust administrative remedies before filing a California Environmental Quality Act action, where opportunity to seek remedies existed. 		Environmental Law 4DCA/2 Aug. 10, 2017
Jones v. Royal Administration Services Inc.
Company cannot be held vicariously liable for telemarketers’ Telephone Consumer Protection Act violations because telemarketers were not its agents, but were independent contractors. 		Consumer Law 9th Aug. 10, 2017
Civil Rights Education and Enforcement Center v. Hospitality Properties Trust
Although plaintiffs have standing to assert claims under Americans with Disabilities Act, class certification properly denied due to failure to meet commonality requirement. 		Disability Discrimination 9th Aug. 10, 2017
People v. Financial Casualty and Surety Inc.
Surety fails to vacate bond forfeiture following criminal defendant’s second failure to appear where defendant’s alleged deportation did not render defendant ‘permanently disabled.’ 		Criminal Law and Procedure 1DCA/4 Aug. 10, 2017
Harris v. Superior Court (People)
Order requiring payment of restitution is ‘significant adverse collateral consequence’ entitling petitioner to appointed counsel on appeal. 		Criminal Law and Procedure 3DCA Aug. 10, 2017
Russell City Energy Co. LLC v. City of Hayward
Payments clause in city and energy company’s contract violates California Constitution where it suspends city’s ability to tax. 		Constitutional Law California Courts of Appeal Aug. 9, 2017
Greenway v. Ryan
Convicted murderer properly denied habeas relief where neither state Supreme Court nor trial court applied impermissible causal-nexus test to exclude mitigating evidence. 		Criminal Law and Procedure 9th Aug. 9, 2017
Lozano-Arredondo v. Sessions
Petition for review granted, where record of conviction is inadequate to determine whether petitioner was convicted of crime involving moral turpitude. 		Immigration 9th Aug. 9, 2017
Amended Opinion: Sandoval v. Sessions
Oregon conviction for delivering heroin does not constitute aggravated felony that would render petitioner ineligible for cancellation of removal. 		Immigration 9th Aug. 9, 2017
Order and Amended Opinion: Andres v. Marshall
Prisoner is deemed to have exhausted available administrative remedies when prison officials fail to respond to his grievance, thus permitting excessive force action to proceed. 		Criminal Law and Procedure 9th Aug. 9, 2017
Arnaudo Brothers v. Agricultural Labor Relations Board
Where a party raises a disclaimer defense to an unfair labor practices claim based on failure to bargain, a labor organization's disclaimer of interest must be clear and unequivocal. 		Labor Law California Courts of Appeal Aug. 9, 2017
Marriage of Florencia B. and Garcia
Putative wife’s dissolution action and nullity action do not involve the same primary rights; hence, res judicata does not bar relief in latter action. 		Family Law California Courts of Appeal Aug. 8, 2017
DLS Precision Fab LLC v. U.S. Immigration & Customs Enforcement
Review largely denied over company’s challenge over administrative law judge’s summary determination of multiple violations of immigration law and penalties resulting therefrom. 		Immigration 9th Aug. 8, 2017
City of Pomona v. SQM North America Corp.
In action alleging contamination of water supply, city wins new trial due to district court’s abuse of discretion with respect to both admission and exclusion of experts’ testimony. 		Evidence 9th Aug. 8, 2017
Hoag Memorial Hospital Presbyterian v. Price
Secretary of Health and Human Services errs in approving state plan amendment to Medicaid program without first requiring compliance with statute. 		Health Care 9th Aug. 8, 2017
City of Culver City v. Cohen
Department of Finance is unable to obtain mandamus relief for unauthorized asset transfers under the Dissolution Law where State Controller’s ‘asset transfer review process’ is the appropriate remedy. 		Municipal Law California Courts of Appeal Aug. 8, 2017
Hill v. Xerox Business Services
Order 		Employment Law 9th Aug. 8, 2017
Klein v. City of Beverly Hills
Discovery rule applies to judicial deception claim where police’s alleged misleading acts and misrepresentations may not be readily apparent at time of search. 		Civil Rights 9th Aug. 7, 2017
Ayala v. Dawson
Collateral estoppel bars tenant from asserting fraud claim in action filed against landlord because it was identical to his fraud defense in unlawful detainer action. 		Civil Procedure California Courts of Appeal Aug. 7, 2017
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 California Courts of Appeal Aug. 7, 2017
D.W., a Minor
Juvenile’s suppression motion erroneously denied in light of ‘Macabeo’ where warrantless search was incident to minor violation. 		Juveniles California Courts of Appeal Aug. 4, 2017
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