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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
U.S. v. Do
Invoking the Assimilative Crimes Act while also assimilating Oregon's unlawful use of a weapon is precluded since both statutes punish approximately the same wrongful behavior. 		statutory_interpretation 9th Apr. 20, 2021
Seachris v. Brady-Hamilton Stevedore Company
An administrative law judge's determination of attorney's fees must be supported by substantial evidence. 		Remedies 9th Apr. 20, 2021
Wilson v. Craver
When general economic principals are alleged in a breach of duty-of-prudence claim, context-specific allegations must be plead. 		statutory_interpretation 9th Apr. 20, 2021
In re E.F.
Juvenile Temporary Restraining Orders are properly issued without notice when applicants show a need to avoid great or irreparable injury and comply with applicable procedures. 		Juveniles CASC Apr. 20, 2021
People v. Vasquez
Although rape is lesser included offense of aggravated sexual assault by means of rape, it carries longer prison term; thus, defendant's conviction for rape would stand, while the other was vacated. 		Criminal Law and Procedure 5DCA Apr. 19, 2021
Salisbury v. City of Santa Monica
Discrimination claims under Fair Housing Amendments Act only apply in cases involving a 'sale' or 'rental' of a dwelling to a buyer or tenant. 		Civil Rights 9th Apr. 19, 2021
Poulsen v. Dept. of Defense
Complainant need not show causal connection between Freedom of Information Act lawsuit and government's changed position to show he 'substantially prevailed' for purposes of attorneys' fees. 		Remedies 9th Apr. 19, 2021
Marinelarena v. Garland
Order 		9th Apr. 19, 2021
Modification: People v. Brugman
Trial court properly refused defense counsel's proffered pinpoint instruction because it was potentially confusing at best, and, at worst, an incorrect statement of the law. 		Criminal Law and Procedure 4DCA/1 Apr. 19, 2021
Modification: Lent v. California Coastal Commission
Coastal Commission did not violate plaintiffs' due process rights by imposing larger penalty than its staff recommended, because Commission specifically advised plaintiffs it could impose penalty of up to $8 million. 		Administrative Agencies 2DCA/7 Apr. 19, 2021
Antelope Valley Groundwater Cases
Plaintiff was subject to provisions of trial court's Physical Solution because he had not shown the extent or reasonableness of his claimed beneficial uses of water. 		Water Rights 5DCA Apr. 16, 2021
Modification: Sweeney v. San Francisco Bay Conservation
Public Resources Code's permit exceptions were inapplicable to project that went beyond repair and maintenance, and that was inconsistent with local protection plan. 		Administrative Agencies 1DCA/3 Apr. 16, 2021
People v. Renteria
Order 		CASC Apr. 16, 2021
Amended Opinion: U.S. v. State of Washington
HB 1723 falls within 40 U.S.C. Section 3172's waiver of federal government's immunity from state workers' compensation laws and thus did not violate doctrine of intergovernmental immunity. 		Government 9th Apr. 16, 2021
Bafford v. Northrop Grumman
Plaintiffs' state-law professional negligence and negligent misrepresentation claims were not preempted by ERISA since they did not have 'reference to or connection with' ERISA plan. 		Constitutional Law 9th Apr. 16, 2021
Adir International v. Starr Indemnity & Liability Company
California Insurance Code Section 533.5(b), which nullifies insurance company's duty to defend, does not facially violate party's due process right to retain counsel. 		Insurance 9th Apr. 16, 2021
Modification: People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error. 		Criminal Law and Procedure CASC Apr. 16, 2021
Rubio v. CIA Wheel Group
Given medium-high level of defendant's reprehensibility, and unusual situation where plaintiffs could not recover for decedent's emotional distress, punitive damages amount was constitutionally permissible. 		Remedies 2DCA/8 Apr. 16, 2021
Modification: People v. Hoffman
Old age, standing alone, does not relieve a person from sexually violent predator commitment, but is a factor to be considered. 		statutory_interpretation 2DCA/6 Apr. 15, 2021
Zoller v. GCA Advisors
Arbitration agreement contained clear language encompassing employment disputes and evidence showed that plaintiff knowingly waived her right to judicial forum. 		Arbitration 9th Apr. 15, 2021
Thomas v. CalPortland Company
A miner asserting discrimination claim under Section 105(c) of Mine Safety and Health Act must prove but-for causation. 		statutory_interpretation 9th Apr. 15, 2021
Wexler v. California Fair Plan Association
Daughter of named insureds could not sue for bad faith because she had no contractual relationship with California FAIR Plan Association. 		Insurance 2DCA/8 Apr. 15, 2021
Kuntz v. Kaiser Foundation Hospital
Government Code Section 22869 exempts CalPERS enrollments from the requirements of Section 1363.1 where CalPERS Board disseminates information pursuant to Section 22863. 		Arbitration 3DCA Apr. 14, 2021
American Coatings Association, Inc. v. State Air Resources Board
State Air Resources Board's fees on manufacturers was reasonable and not a tax subject to Proposition 13. 		Administrative Agencies 3DCA Apr. 14, 2021
Modification: Planet Bingo LLC v. The Burlington Insurance Co.
There was triable issue whether subrogation demand letter represented opportunity to settle within policy limits; thus, summary judgment entered in favor of insurance company was reversed. 		Insurance 4DCA/2 Apr. 14, 2021
People v. McCloud
Trial court properly denied petitioner's subsequent petition for conditional release after determining his condition as a sexually violent predator had not changed. 		Criminal Law and Procedure 1DCA/2 Apr. 14, 2021
U.S. v. Koziol
Threats of sham litigation, which are made to obtain property to which defendant knows he has no lawful claim, are 'wrongful' under Hobbs Act. 		Criminal Law and Procedure 9th Apr. 14, 2021
Alvarado-Herrera v. Garland
Substantial evidence did not support immigration judge's determination that petitioner failed to establish reasonable fear of torture with acquiescence of public official, given petitioner's assertions of police complicity in gang's violent acts. 		Immigration 9th Apr. 14, 2021
Tandon v. Newsom
Applicants were likely to succeed on merits of their free exercise claim with regard to California's COVID restrictions on religious gatherings; thus applicants were entitled to injunction. 		Constitutional Law USSC Apr. 13, 2021
People v. Wilson
Witness identifying defendant based on his smirky grin was not unduly suggestive because nothing made defendant 'stand out' from the other men depicted. 		Criminal Law and Procedure CASC Apr. 13, 2021
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