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Name Category Published
Republic of the Marshall Islands v. USA
Where provision has ‘all the trappings of a non-self-executing treaty provision,’ it is unenforceable by district court 		Government 9th Aug. 1, 2017
Modification: People v. Turner
Evidence of defendant's prior arrest properly admitted to impeach his claim that police 'planted' loaded firearm and ammunition in his duffel bag. 		California Courts of Appeal Jul. 31, 2017
Ewald v. Nationstar Mortgage LLC
Due to counsel’s ‘egregious violations of basic appellate norms’ with respect to duty to properly brief case, judgment in defendant’s favor affirmed without discussion of merits. 		Civil Procedure California Courts of Appeal Jul. 31, 2017
Minnick v. Automotive Creations Inc.
Demurrer properly sustained in favor of former employer in suit challenging vacation policy providing waiting period before workers can earn vacation pay. 		Employment Law California Courts of Appeal Jul. 31, 2017
People v. Arredondo
Convicted sex offender unsuccessful in arguing that his Sixth Amendment right to confrontation was violated during his trial by allowing witnesses to testify obscured by computer monitor. 		Criminal Law and Procedure California Courts of Appeal Jul. 31, 2017
Baker v. Workers Compensation Appeals Board
Subsequent Injuries Benefits Trust Fund benefits commence at time employer’s obligation to pay permanent disability benefits commences. 		Employment Law California Courts of Appeal Jul. 31, 2017
Murphey v. Shiomoto
Suspension of DUI arrestee’s driver’s license reinstated after trial court committed reversible error in determining arresting officer’s reports inadmissible and granting driver’s writ petition. 		Administrative Agencies California Courts of Appeal Jul. 31, 2017
Conroy v. Wells Fargo Bank
'Biakanja’ test for determining duty of care is inapplicable where a contractual relationship exists. 		Civil Procedure California Courts of Appeal Jul. 31, 2017
In re Quality Systems Inc. Securities Litigation
Securities class action improperly dismissed, where defendants' statements about company’s sales were materially false or misleading. 		Securities 9th Jul. 31, 2017
U.S. v. Martinez-Lopez
Health and Safety Code Section 11352 divisible, proper to use modified categorical approach to apply sentencing enhancement as to defendant that admitted to selling cocaine during plea. 		Criminal Law and Procedure 9th Jul. 31, 2017
Bonni v. St. Joseph Health System
Anti-SLAPP motion erroneously granted in favor of Hospital where surgeon-plaintiff’s complaint did not arise from peer review proceedings, but from alleged retaliatory motive. 		Anti-SLAPP California Courts of Appeal Jul. 28, 2017
Modification: In re Taitano
Under specific circumstances of defendant's case, Penal Code Section 1368 does not authorize trial court to hold new hearing on defendant's mental competence; case nevertheless permanently abated due to defendant’s death. 		California Courts of Appeal Jul. 28, 2017
In re David T.
Appellant successful in challenging juvenile court’s improper denial of his motion to seal his juvenile records. 		Juveniles California Courts of Appeal Jul. 28, 2017
Aanderud v. Superior Court
An arbitration agreement’s delegation clause is enforceable if it is clear and unmistakable and if it is not revocable for unconscionability under 'Tiri v. Lucky Chances Inc.' 		Arbitration California Courts of Appeal Jul. 28, 2017
Friends of the Eel River v. North Coast Railroad Authority (Northwestern Pacific Railroad Co.)
ICCTA preempts state regulation of rail transportation, but application of CEQA to state agency’s railroad activity is not ‘regulation,’ but ‘self-governance’ and is not inconsistent with ICCTA and its preemption clause. 		Constitutional Law CASC Jul. 28, 2017
The Estuary Owners Association v. Shell Oil Co.
Condominium owners successful in challenging application of 10-year statute of repose to claims involving latent construction defects in case alleging nuisance against oil company. 		Civil Procedure California Courts of Appeal Jul. 28, 2017
Taylor v. Trimble
Host not liable for drowning death of child guest where, although host initially assumed supervision of child, child’s grandfather thereafter assumed responsibility and did not relinquish it. 		Torts California Courts of Appeal Jul. 28, 2017
Toeppe v. City of San Diego
Trail immunity inapplicable where plaintiff does not dispute the condition of a trail. 		Municipal Law California Courts of Appeal Jul. 28, 2017
County of San Mateo v. Superior Court (Rowe)
County’s summary judgment motion properly denied where triable issues of fact remain as to whether ‘natural condition immunity’ applies to campground incident. 		Immunity California Courts of Appeal Jul. 27, 2017
FilmOn.com v. DoubleVerify Inc.
Anti-SLAPP motion properly granted in favor of provider of advertising authentication services in suit challenging provider’s negative classification of plaintiff’s websites. 		Anti-SLAPP California Courts of Appeal Jul. 27, 2017
People v. Casillas
A person who suffers super strike conviction at any time before trial court rules on his or her Proposition 47 reclassification petition is disqualified from reclassification. 		Criminal Law and Procedure California Courts of Appeal Jul. 27, 2017
Crossroads Investors L.P. v. Federal National Mortgage Association
On remand, appellate court overturns denial of Fannie Mae’s anti-SLAPP motion, allowing Fannie Mae to dodge most of property owners’ wrongful foreclosure claims. 		Anti-SLAPP California Courts of Appeal Jul. 27, 2017
In re Palmer
Board of Parole Hearing’s failure to calculate petitioner’s base and adjusted base terms entitles petitioner to new parole hearing. 		Criminal Law and Procedure California Courts of Appeal Jul. 27, 2017
Kizer v. Tristar Risk Management
Class certification properly denied in wage and hour class action, where plaintiffs fail to prove their claims are typical of the class. 		Employment Law California Courts of Appeal Jul. 27, 2017
In re B.M.
Order 		CASC Jul. 27, 2017
Boling v. Public Employment Relations Board (City of San Diego)
Order 		CASC Jul. 27, 2017
People v. Guzman
Order 		CASC Jul. 27, 2017
David v. Hernandez
Truck driver fails to overturn judgment stemming from PCH crash by challenging evidentiary ruling and jury’s damages award for crash victim’s future shoulder surgeries. 		Torts California Courts of Appeal Jul. 26, 2017
Hoggett v. University of Phoenix
Motion to amend or alter judgment under Federal Rule of Civil Procedure 59(e) must request ‘substantive change of mind by the court.’ 		Civil Procedure 9th Jul. 26, 2017
In re A.C.
California court has subject matter jurisdiction over child custody case where child’s home state declines to respond to California court regarding the jurisdiction in question. 		Family Law California Courts of Appeal Jul. 25, 2017
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