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Modification: Placencia v. Strazicich
Probate court did not err by denying petitioner's right of survivorship to joint bank account because decedent left clear statements in his will that he did not want petitioner to have the right of survivorship. 		probate_and_trusts 4DCA/3 Dec. 26, 2019
Covington v. Great Basin Unified Air Pollution Control Dist.
Mitigation measures that aim to detect greenhouse gas emissions are adequate to ensure energy facilities adhere to their emission limitation commitments; detection is sufficient to deter non-compliance. 		Environmental Law 3DCA Dec. 26, 2019
Modification: People v. Medrano
Defendants were prejudiced by trial court's instruction on the now-invalid natural and probable consequences theory as it related to attempted murder, so defendants' convictions for attempted murder must be reversed. 		Criminal Law and Procedure 5DCA Dec. 26, 2019
People v. Brantley
Penal Code Section 1170.1(c) was inapplicable to defendant's new sentence for additional felony committed while in prison because sentence imposed after defendant was already released. 		Criminal Law and Procedure 3DCA Dec. 26, 2019
Tuuamalemalo v. Greene
It was clearly established that officer's use of chokehold on non-resisting, restrained person violates Fourth Amendment's prohibition on use of excessive force; thus, officer not entitled to qualified immunity. 		Civil Rights 9th Dec. 26, 2019
U.S. v. Harrington
United States Sentencing Guideline Section 2A2.2(a)'s base level offenses are not exclusive of Section 2A2.2(b)'s specific offense characteristics; a defendant may be sentenced cumulatively under both sections. 		Criminal Law and Procedure 9th Dec. 26, 2019
Al Otro Lado v. Wolf
Order 		9th Dec. 24, 2019
John Doe #1 v. Trump
Order 		9th Dec. 24, 2019
Modification: Meadowbrook Ins. Co. v. Workers' Comp. Appeals Bd.
Title 8, Section 9795.3 provided an applicable fee schedule and the interpreting service provider failed to timely request second review of the workers' compensation carrier's refusal to pay. 		Workers' Compensation 3DCA Dec. 24, 2019
People v. Windfield
Defendants' right to confrontation not violated when missing witness's previously recorded testimony is played at murder trial because state exercised due diligence. 		Criminal Law and Procedure 4DCA/2 Dec. 24, 2019
People v. Keene
Defense counsel has an affirmative duty to object to restitution fees and to move for an ability to pay hearing; failure to do so forfeits the issue on appeal. 		Criminal Law and Procedure 4DCA/1 Dec. 24, 2019
U.S. v. Lozoya
Order 		9th Dec. 24, 2019
Amended Opinion: Walden v. State of Nevada
State that removes case to federal court waives immunity from suit on all federal-law claims, including those that Congress failed to apply to states through unequivocal and valid abrogation of Eleventh Amendment immunity. 		Immunity 9th Dec. 24, 2019
C.W. Howe Partners Inc. v. Mooradian
Anti-SLAPP motion to strike denied to homeowners because Indemnity clause in remodeling contract not an issue of public interest. 		Anti-SLAPP 2DCA/7 Dec. 23, 2019
Gordon v. ARC Manufacturing, Inc.
Primary assumption of risk doctrine not available to defendant because no relationship existed between defendant and professional roofer who fell during inspection. 		Civil Procedure 4DCA/1 Dec. 23, 2019
Beames v. City of Visalia
A municipality's failure to provide an adequate administrative appeals process can be a due process violation under 42 U.S.C. Section 1983, entitling the plaintiff to attorney fees under Section 1988. 		Civil Rights 5DCA Dec. 23, 2019
City of Desert Hot Springs v. Valenti
Trial court applied improper legal standard to City's motion for appointment of receiver for nuisance by not addressing requirements in Health and Safety Code Section 17980.7(c), and instead addressing plan's economic viability. 		Torts 4DCA/2 Dec. 23, 2019
SF Urban Forest Coalition v. City and County of San Francisco
A 'local agency' created pursuant to a state statute is a state agency, not an agency of the local municipality; thus, it need not comply with local public access rules. 		Administrative Agencies 1DCA/1 Dec. 23, 2019
Wilson v. Huuuge Inc.
App user did not have constructive notice of terms of use, which contained arbitration clause, because terms were 'buried twenty thousand leagues under the sea.' 		Arbitration 9th Dec. 23, 2019
Amended Opinion: Pacific Coast Federation of Fishermen's Associations v. Glaser
District court erred by interpreting 'entirely' to mean 'majority,' in Clean Water Act's exemption to permitting requirement, and error was but-for cause of dismissal of plaintiff's claim; thus, dismissal was reversed. 		Water Rights 9th Dec. 23, 2019
Columbia Riverkeeper v. Wheeler
Constructive submission found where state failed over long period of time to submit 'total maximum daily loads' under Clean Water Act, and clearly and unambiguously decided not to submit any TMDL. 		Environmental Law 9th Dec. 23, 2019
Smith v. LoanMe, Inc.
Privacy Act not violated when a phone conversation was recorded by loan business with non-consenting caller because statute only prohibits eavesdroppers from recording calls. 		Civil Procedure 4DCA/2 Dec. 23, 2019
U.S. v. Lozoya
Order 		9th Dec. 23, 2019
Modification: United Artists Theater Circuit v. Regional Water Quality Control Board
Prior owner may be named in cleanup order as one who 'permitted' discharge if it knew or should have known that lessee's activity presented a reasonable possibility of hazardous waste discharge. 		Environmental Law 1DCA/5 Dec. 20, 2019
Rall v. Tribune 365, LLC
Police investigation report published in newspaper privileged and protected against defamation suit since report was a fair and true report of a public issue. 		Anti-SLAPP 2DCA/8 Dec. 20, 2019
Citizens for Positive Growth & Preservation v. City of Sacramento
A city's development plan facially comports with Government Code Section 65300.5 if it is internally consistent; challengers must bring an as-applied challenge when the city actually deviates from the plan. 		Government 3DCA Dec. 20, 2019
PG&E "San Bruno Fire" Cases
A settlement agreement's single sentence waiver is sufficient to quash a subsequent appeal of an attorney fee allocation; challengers must object to the allocation before final approval. 		Civil Procedure 1DCA/3 Dec. 20, 2019
California School Boards Association v. State of California
Legislature acted within its authority when it enacted two statutes directing use of previously nonmandate state funding to prospectively cover the costs of the existing mandates. 		Education CASC Dec. 20, 2019
Safeway Wage and Hour Cases
A task does not become exempt merely because manager undertakes it in order to contribute to smooth functioning of store; trial courts must inform jury of limiting principles. 		Labor Law 2DCA/4 Dec. 20, 2019
Doe v. Dept. of Corrections and Rehabilitation
Employer not in violation of FEHA by failing to provide accommodations because employee failed to disclose known disability and limitations. 		Civil Procedure 4DCA/2 Dec. 20, 2019
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