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People v. Sanchez
Penal Code 1170.95 does not apply to defendants convicted of voluntary manslaughter, it only provides relief for first degree murder convictions. 		Criminal Law and Procedure 4DCA/2 May 11, 2020
Modesto Irrigation Dist. v. Tanaka
Conveyance to defendant's great-grandfather conveyed riparian rights; thus, she had the rights to divert water from river. 		Real Property 3DCA May 11, 2020
California Dept. of Tax and Fee Administration v. Superior Court (Kintner)
Government Code Section 11350 does not create exemption to Article XIII, Section 32 of California Constitution's requirement that taxpayers pay tax before they can challenge its assessment. 		Tax 2DCA/2 May 11, 2020
Kurtz-Ahlers, LLC v. Bank of America N.A.
Trial court properly granted nonsuit for negligence claim against bank because banks have no duty to monitor customer accounts for fraud. 		Torts 4DCA/3 May 11, 2020
U.S. v. Sineneng-Smith
Ninth Circuit abused its discretion when it took over the appeal and decided that 8 U.S.C. Section 1324(a) was unconstitutionally overbroad even though contrary theory was presented. 		Constitutional Law USSC May 8, 2020
Kelly v. U.S.
Because defendants' scheme did not aim to obtain money or property, they could not have violated federal-program fraud or wire fraud laws. 		Government USSC May 8, 2020
Marriage of Gutierrez
Trial courts may reasonably rely on context of proceedings to interpret orders when considering partitions and requested reimbursements. 		Family Law 2DCA/8 May 8, 2020
Galeotti v. International Union of Operating Engineers
Plaintiff properly alleged that termination was in violation of public policy because threat of losing his job if he failed to pay defendants was extortion. 		Civil Procedure 1DCA/5 May 8, 2020
People v. Thompkins
Kill zone theory does not apply where defendant merely subjected persons near primary target to lethal risk. 		Criminal Law and Procedure 1DCA/4 May 7, 2020
Nelson v. Tucker Ellis, LLP
Plaintiff's legal theories were soundly rejected by this court's decision, which is law of the case, and regardless, litigation privilege served as complete bar to his claims. 		Civil Procedure 1DCA/3 May 7, 2020
People v. Law
Defendant was not entitled to relief under Penal Code Section 1170.95 because he was a major participant and acted with reckless indifference to human life. 		Criminal Law and Procedure 4DCA/2 May 7, 2020
In re Mary C.
Courts are not required to find children 'generally' adoptable, rather the children must 'likely' be adopted within a reasonable time. 		Dependency 1DCA/4 May 7, 2020
Waller v. FCA US LLC
Plaintiff's expert testimony was not admissible because the testimony failed to establish any basis for his observation. 		Evidence 2DCA/2 May 7, 2020
Center for Biological Diversity v. Esper
NHPA Section 402 compliance does not require agency to consult with specific parties or permit direct public participation. 		Environmental Law 9th May 7, 2020
Hiona v. Superior Court (2154 Taylor LLC)
Under Code of Civil Procedure Section 403.040(e), the superior court was not required to reclassify claims as limited under the circumstances. 		Civil Procedure 1DCA/5 May 7, 2020
Gruber v. Gruber
Plaintiff's malicious prosecution claim did not lack 'minimal merit' because defendants' claim in previous lawsuit lacked probable cause. 		Anti-SLAPP 2DCA/2 May 6, 2020
Patel v. Chavez
Section 1983 does not preempt application of the anti-SLAPP statute to Section 1983 claims in state court. 		Anti-SLAPP 2DCA/1 May 6, 2020
Caldera v. Dept. of Corrections & Rehabilitation
When hiring out-of-town counsel, trial courts must consider counsel's 'home market rate' instead of local rate when determining compensation. 		Remedies 4DCA/3 May 6, 2020
Modification: Communities for a Better Environment v. South Coast Air Quality Management District
Agency's choice of using near-peak baseline was sound because it followed the practice of the federal Environmental Protection Agency. 		Environmental Law 2DCA/8 May 6, 2020
Modification: Coast Community College Dist. v. Commission on State Mandates
Minimum condition regulations imposed requirements on community college districts in connection with underlying programs legally compelled by the state. 		Education 3DCA May 6, 2020
In re D.B.
Father's violence, verbal abuse, racism, impulsivity, and lack of insight created substantial evidence that daughter faced substantial risk of serious emotional damage. 		Dependency 2DCA/8 May 6, 2020
People v. Triplett
Juries should be informed or reminded of their right to readback of testimony upon request to review testimony but such error was harmless here. 		Criminal Law and Procedure 2DCA/1 May 6, 2020
Robertson v. Saadat
Plaintiff was not entitled to use her deceased husband's stored sperm for conception because decedent never expressed an intent to do so. 		Torts 2DCA/1 May 6, 2020
People v. Edwards
Courts may review records of conviction and other information in determining if petitioners meet requirements under Penal Code Section 1170.95. 		Criminal Law and Procedure 1DCA/3 May 6, 2020
In re I.A.
Prosecutors must show dominion and control over a gun to establish a minor was in actual or constructive possession. 		Criminal Law and Procedure 2DCA/6 May 6, 2020
Lopez v. Escamilla
Judgments may be amended to add alter ego defendants either by a subsequent complaint or motion in the original action. 		Civil Procedure 2DCA/6 May 6, 2020
In re S.O.
No joint recommendation report was required under Welfare and Institution code Section 241.1 because the matter was three years into dual status jurisdiction. 		Dependency 4DCA/2 May 6, 2020
People v. Torres
Trial court erred in admitting testimony from preliminary hearing because prosecution failed to establish its due diligence in making the witness available. 		Criminal Law and Procedure 2DCA/8 May 6, 2020
Kinder Morgan Energy v. Upstate Forever
Order 		USSC May 6, 2020
CIC Services LLC v. Internal Revenue Service
Order 		USSC May 6, 2020
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