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Name Category Published
Ruiz-Martinez v. S.C. (People)
Order 		Jan. 19, 2017
People v. White
Penal Code Section 261 establishes separate offenses for types of rape, supporting convictions for rape of an unconscious person and rape of an intoxicated person for single sexual encounter. 		Criminal Law and Procedure Jan. 19, 2017
Kabran v. Sharp Memorial Hospital
Code of Civil Procedure Section 659a does not deprive court of fundamental jurisdiction to consider affidavits submitted after mandatory 30-day statutory deadline. 		Civil Procedure Jan. 19, 2017
United States v. Joey
Courts may impose upward offense level for repeat sex offenders when defendant is also convicted for committing felony offense while registered as a sex offender. 		Criminal Law and Procedure Jan. 19, 2017
Norcia v. Samsung Telecommunications America LLC
Samsung cannot compel consumer to arbitrate dispute over Samsung Galaxy S4 based on consumer's silence regarding arbitration provision contained in the product box. 		Arbitration Jan. 19, 2017
Retail Wholesale & Dept. Store Union Local 338 Retirement Fund v. Hewlett-Packard Co.
Shareholder action alleging securities fraud based on CEO's violation of corporate code of ethics properly dismissed, where complaint does not give rise to actionable claim. 		Securities Jan. 19, 2017
Joshua R., a Minor
Juvenile court erred in refusing to seal juvenile's record following completion of probation based solely on alleged ongoing probation prohibiting firearm ownership until age 30. 		Juveniles Jan. 19, 2017
People v. Superior Court (Lara)
Under Proposition 57, requiring juvenile court to determine whether defendant will go to trial in adult or juvenile court is not retroactive application of new law. 		Criminal Law and Procedure Jan. 19, 2017
District of Columbia v. Wesby
1. Whether the officers had probable cause to arrest under the Fourth Amendment, and in particular whether, when the owner of a vacant home informs police that he has not authorized entry, an officer assessing probable cause to arrest those inside for trespassing may discredit the suspects' questionable claims of an innocent mental state. 2. Whether, even if there was no probable cause to arrest the apparent trespassers, the officers were entitled to qualified immunity because the law was not clearly established in this regard. 		Jan. 19, 2017
Bristol-Myers Squibb Co. v. Superior Court
Whether a plaintiff's claims arise out of or relate to a defendant's forum activities when there is no causal link between the defendant's forum contacts and the plaintiff's claims-that is, where the plaintiff's claims would be exactly the same even if the defendant had no forum contacts. 		Jan. 19, 2017
People v. Goodrich
Reclassification of conviction under Prop. 47 has no bearing on defendant's recommitment as mentally disordered offender, which concerns his current mental state and dangerousness. 		Criminal Law and Procedure Jan. 18, 2017
N.S. v. Superior Court (Alameda County Social Services Agency)
Petition for writ of mandate granted in non-minor dependent's favor, where juvenile court should not have required dependent's psychotherapist to testify as to confidential communications. 		Juveniles Jan. 18, 2017
Lightfoot v. Cendant Mortgage Corp.
Fannie Mae's sue-and-be-sued clause does not grant federal courts original jurisdiction over all cases involving Fannie Mae, warranting reversal of the Ninth Circuit's contrary decision. 		Civil Procedure Jan. 18, 2017
Pizarro v. Reynoso (Reynoso)
Probate court cannot hold beneficiary and nonbeneficiary personally liable for trust's attorney fees and costs to the extent that fees exceed trust beneficiary's trust shares. 		Probate and Trusts Jan. 18, 2017
Stueve v. Buchalter Nemer
Action filed by heirs to Alta Dena Dairy fortune improperly dismissed under five-year dismissal statute where case was 'brought to trial' within days of deadline. 		Civil Procedure Jan. 18, 2017
Safari Club International v. Rudolph
Although invasion of privacy claims arise from activity defendant took in furtherance of right to free speech, anti-SLAPP motion properly denied because plaintiffs demonstrated probability of prevailing. 		Anti-SLAPP Jan. 18, 2017
Slep-Tone Entertainment Corp v. Wired for Sound Karaoke and DJ Services LLC
Media files 'ripped' from karaoke company's CDs used in karaoke performances do not give rise to unfair competition suit under Lanham Act. 		Intellectual Property Jan. 18, 2017
Barajas-Romero v. Lynch
In considering persecution, immigration judge must apply 'a reason' standard to withholding of removal claims, not 'central reason' standard used for claims of asylum. 		Immigration Jan. 18, 2017
In re E.G.
Sentence reduction available to juveniles on probation convicted of felony wobblers despite fact that enabling statute uses language inconsistent with juvenile law. 		Juveniles Jan. 17, 2017
People v. Ochoa
Defendant's conduct sufficient to establish 'pattern of criminal gang activity' to support gang enhancement despite gang expert's alleged use of inadmissible hearsay. 		Criminal Law and Procedure Jan. 17, 2017
People v. Bastidas
Defendant on probation with imposition of sentence suspended is subject to Proposition 47's prohibition on firearms possession. 		Criminal Law and Procedure Jan. 17, 2017
People v. Pinon
Trial court errs in imposing period of parole in resentencing offender under Prop. 47, without accounting for custody credits and where resulting period exceeded remainder of his post-release community supervision. 		Criminal Law and Procedure Jan. 17, 2017
People v. Bradley
Confidential government informant is not material witness to defendant presenting entrapment defense as disclosure of informant's identity would be contrary to public interest. 		Criminal Law and Procedure Jan. 17, 2017
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Garfield Beach CVS LLC)
Underage decoy's lack of response regarding store clerk's statement does not warrant reversal of store's license suspension for selling beer to decoy. 		Business Law Jan. 17, 2017
Schwern v. Plunkett
Following statutory amendment, Ninth Circuit now has jurisdiction to review denials of Oregon's anti-SLAPP motions. 		Anti-SLAPP Jan. 17, 2017
State of Missouri v. Harris
Possibility of fluctuating egg prices due to California hen care regulations do not give other states 'parens patriae' standing, as affected farmers may sue individually. 		Civil Procedure Jan. 17, 2017
In re Tomkow
Bankruptcy court appropriately gives issue preclusive effect to fraud claim in state court judgment even though California Court of Appeal affirms judgment on different ground. 		Bankruptcy Jan. 17, 2017
Swart Enterprises Inc. v. Franchise Tax Board
Franchise Tax Board erroneously imposed franchise tax on Iowa corporation based on its 0.2 percent interest, passive investment in California limited liability company. 		Taxation Jan. 16, 2017
Espinoza v. Shiomoto
SCOTUS decision in 'McNeely' does not grant drivers arrested on suspicion of DUI right to demand blood test requiring warrant to determine BAC. 		Constitutional Law Jan. 16, 2017
Mashiri v. Epsten Grinnell & Howell
Consumer may proceed with action against law firm accused of committing unlawful debt collection practices in violation of the FDCPA and related state consumer laws. 		Consumer Law Jan. 16, 2017
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