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Herpel v. County of Riverside
Riverside County's possessory interest tax levied on non-tribal members who lease tribal land for residential purposes was not preempted by federal government's extensive regulation of reservation land use. 		Native American Affairs 4DCA/2 Feb. 12, 2020
People v. Petri
Imposing restitution and assessment fines on defendants without consideration of their ability to pay does not violate due process unless defendant was denied court access. 		Criminal Law and Procedure 6DCA Feb. 12, 2020
People v. Cerda
Attempted murder conviction under 'kill zone' theory was supported by substantial evidence where defendants used AK-47 assault rifle and deliberately targeted building's doors and windows. 		Criminal Law and Procedure 2DCA/3 Feb. 11, 2020
Constellation-F, LLC v. World Trading 23, Inc.
Holdover rent provision was not a penalty that was void under Civil Code Section 1671 because graduated rentals are not damages, but are the rate for leasing property. 		Real Property 2DCA/8 Feb. 11, 2020
In Re Marino
Bankruptcy Appellate Panel orders may be immediately appealed only if they finally dispose of discrete disputes within the larger case. 		Bankruptcy 9th Feb. 11, 2020
Edmo v. Corizon
Order 		9th Feb. 11, 2020
People v. Torres
Trial court's jurisdiction pursuant to Penal Code Section 1237.2 does not extend beyond the pendency of defendant's direct appeal. 		Criminal Law and Procedure 2DCA/1 Feb. 10, 2020
Downey v. Public Storage, Inc.
Trial court did not abuse its discretion in denying class certification under Unfair Competition Law where consumers were allegedly deceived by different advertising messages and platforms. 		Civil Procedure 2DCA/2 Feb. 10, 2020
Shaeffer v. Califia Farms, LLC
Truthful advertising claims about company's own product are generally unactionable under California's Unfair Competition Law because reasonable consumer is unlikely to be deceived by truth. 		Consumer Law 2DCA/2 Feb. 10, 2020
Gamma Eta Chapter of Pi Kappa Alpha v. Helvey
Fraternity's chapter, as a subordinate of fraternity, lacked legal power to disregard instructions from fraternity ordering chapter to arbitrate claim against fraternity's agent. 		Contracts 2DCA/8 Feb. 10, 2020
In re D.P.
Incorporating Dependency Court Order 415 into a removal order without stating facts that support removal does not comply with Welfare and Institutions Code Section 361(e). 		Dependency 2DCA/3 Feb. 10, 2020
Grande v. Eisenhower Medical Center
Preclusion under res judicata is only appropriate if defendants in the original suit are in privity with defendants in the subsequent suit. 		Civil Procedure 4DCA/2 Feb. 10, 2020
International Union of Operating Engineer Local 501 v. National Labor Relations Board
Casino's slot technicians were not guards under National Labor Relations Act Section 9(b)(3) because they spent 90 percent of their time on gaming floor, primarily installing, maintaining, and repairing machines. 		Labor Law 9th Feb. 10, 2020
Aldea Dos Vientos v. CalAtlantic Group, Inc.
A covenant, code, or restriction that mandates 51 percent of homeowner association members vote to arbitrate construction defect claims prior to initiating litigation is contrary to public policy and thus unenforceable. 		Real Property 2DCA/6 Feb. 7, 2020
People v. Mendoza
Border Patrol agents must have objectively reasonable suspicion to stop vehicles; stopping vehicles in known drug area based on agents 'good faith' hunch is insufficient. 		Criminal Law and Procedure 4DCA/2 Feb. 7, 2020
Salcido v. Superior Court (People)
Proposition 66's directive that habeas petitions be heard by 'court which imposed the sentence' is clear and unambiguous; thus, original sentencing court may not transfer petitions to another venue. 		Criminal Law and Procedure 1DCA/4 Feb. 6, 2020
People v. Wear
Because record affirmatively shows that some jurors convicted defendant based on insufficiently supported premeditated-murder theory, the court reversed. 		Criminal Law and Procedure 1DCA/1 Feb. 6, 2020
U.S. v. Chavez-Diaz
An unconditional guilty plea waives a defendant's right to appeal a conviction on constitutional grounds; the 'Menna-Blackledge' exception is narrowly construed to only allow appeals that will render re-trial impossible. 		Criminal Law and Procedure 9th Feb. 6, 2020
Vargas v. Howell
A significant reduction in attorney's fees requires a thorough explanation; thus, trial court did not adequately justify the dramatic cut that it imposed. 		Civil Procedure 9th Feb. 6, 2020
Alaniz v. Sun Pacific Shippers, L.P.
Trial court prejudicially erred when it omitted 'Privette and Hooker' doctrine limitations from its instructions on negligence and premises liability. 		Torts 2DCA/6 Feb. 6, 2020
People v. Flores
Senate Bill 1437 does not provide relief to persons convicted of manslaughter; the plain language limits relief only to qualifying persons convicted of murder. 		Criminal Law and Procedure 4DCA/1 Feb. 5, 2020
U.S. v. George
U.S.S.G. Section 2B1.1(b)(2)(C) requires the sentencing court to determine whether the victims suffered a loss that was significant in light of their individual financial circumstances. 		Criminal Law and Procedure 9th Feb. 5, 2020
Calvary Chapel Bible Fellowship v. County of Riverside
Riverside County did not violate the Religious Land Use and Institutionalized Person's Act's equal terms provision because it prohibited both religious and secular institutions from staging events without charging a fee. 		Real Property 9th Feb. 5, 2020
S.F. Print Media Co. v. The Hearst Corp.
Experts testifying in court may not opine on an issue by using another expert's unrelated methodology without providing further foundation for the conclusion. 		Civil Procedure 1DCA/3 Feb. 4, 2020
Amended Opinion: Prado v. Barr
Although appellant had her conviction, which deemed her removable, reduced to misdemeanor under California's Proposition 64, she remained removable under immigration law because it was reclassified for rehabilitative purposes. 		Immigration 9th Feb. 4, 2020
Amended Opinion: Floyd v. Filson
Petitioner's constitutional rights were not violated by admission of victim's mother's testimony about her son's difficult life and previous experiences with violent crime because testimony did not unduly prejudice petitioner. 		Criminal Law and Procedure 9th Feb. 4, 2020
Orn v. City of Tacoma
Qualified immunity only extends to officers using deadly force with an objectively reasonable basis for believing their own safety or safety of others is at risk. 		Civil Rights 9th Feb. 4, 2020
People v. Frederickson
Penal Code Section 318 provides a narrow exception to a capital defendant's general Sixth Amendment right to plead guilty because it advances a compelling state interest in preventing erroneous executions. 		Criminal Law and Procedure CASC Feb. 4, 2020
Amended Opinion: People v. Palomar
A reasonable jury could find defendant's act of threats and fatally knocking the victim down unconscious, satisfied the elements for implied malice murder. 		Criminal Law and Procedure 2DCA/6 Feb. 4, 2020
Rojas v. Federal Aviation Administration
Order 		9th Feb. 3, 2020
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