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Amended Opinion: Enigma Software v. Malwarebytes, Inc.
The immunity provided in Section 230 of the Communications Decency Act does not apply to software that the provider finds objectionable for anti-competitive reasons. 		Cyber Law 9th Jan. 2, 2020
Amended Opinion: Pizzuto v. Blades
Although state court's decision was contrary to clinical standards in place at the time, it was not obvious then that strict adherence to clinical standards was required; thus, habeas relief denied. 		Criminal Law and Procedure 9th Jan. 2, 2020
San Francisco Herring Association v. U.S. Dept. of the Interior
The National Park Service's enforcement action notice and subsequent move to actually enforce fishing restrictions rendered agency action final under the APA; formal rule-making is not a prerequisite for finality. 		Administrative Agencies 9th Jan. 2, 2020
Center for Biological Diversity v. Bernhardt
The Congressional Review Act's streamlined legislative procedure allowing for congressional rescission of newly promulgated agency rules does not unconstitutionally offend separation of powers principles or the Take Care Clause. 		Constitutional Law 9th Dec. 31, 2019
Bahra v. City of San Bernardino
Under legislative-intent exception, Plaintiff's California Labor Code Section 1102.5 claim alleging that defendants fired plaintiff from his post in retaliation for his whistleblowing activities was not precluded. 		Labor Law 9th Dec. 31, 2019
Becerra v. Dr Pepper/Seven Up
Dr. Pepper not in violation of Consumer Fraud by labeling sodas 'diet' because reasonable consumers understand 'diet' soda does not promise weight loss or health benefits. 		Civil Procedure 9th Dec. 31, 2019
People v. Ellis
Defendants sentenced pursuant to a plea agreement need not obtain a certificate of probable cause to seek relief under Senate Bill 1393's Three Strike Law amendments. 		Criminal Law and Procedure 5DCA Dec. 30, 2019
Noori v. Countrywide Payroll & HR Solutions, Inc.
Employer violates Labor Code by using an unregistered acronym for a fictitious business name on employees' paychecks. 		Labor Law 3DCA Dec. 30, 2019
Union Pacific Railroad Co. v. Ameron Pole Products LLC
Showing that respondent was not a cause-in-fact of car accident was not tantamount to showing that respondent was not a cause-in-fact of motorist's injuries. 		Torts 3DCA Dec. 30, 2019
Rincon EV Realty LLC v. CP III Rincon Towers, Inc.
Court's findings in connection with plaintiffs' equitable claim for unfair competition resolved plaintiffs' legal claims because the alleged violations of the legal claims were subsumed within the UCL claim. 		Civil Procedure 1DCA/4 Dec. 30, 2019
V.V.V. & Sons Edible Oils v. Meenakshi Overseas
The Trademark Trial and Appeal Board's jurisdiction is limited to registering trademarks; subsequent infringement claims are not barred by claim preclusion even if previously litigated before the TTAB. 		Civil Procedure 9th Dec. 30, 2019
U.S. v. Rodriguez-Gamboa
Health and Safety Code Section 11378 and the Controlled Substances Act facially differ; more fact-finding is necessary to decide if Section 11378 cannot be used as a basis for removal. 		Immigration 9th Dec. 30, 2019
Lopez-Angel v. Barr
Permanent resident who was deported allowed to proceed with deportation appeal because he was involuntarily removed from the United States. 		Immigration 9th Dec. 30, 2019
Shaw v. Bank of America
Court lacks jurisdiction over loan rescission case because plaintiff failed to exhaust administrative remedies first. 		Administrative Agencies 9th Dec. 30, 2019
Great Minds v. Office Depot
Licensee's hiring of third-party copy service to reproduce licensed material strictly for licensee's own permitted use does not turn third party into licensee that is bound to license terms. 		Copyright 9th Dec. 30, 2019
Roberts v. City and County of Honolulu
Order 		9th Dec. 30, 2019
Cacho v. Eurostar, Inc.
Class certification denied for shoe store employees who alleged wage and labor violations because evidence did not show the claims were typical to the class. 		Civil Procedure 2DCA/7 Dec. 27, 2019
In re M.T.
Restitution order to pay for victim's stolen phone after fight was not appealable because there is no final judgment when a minor is placed on informal supervision. 		Juveniles 1DCA/3 Dec. 27, 2019
Mathews v. Becerra
Psychotherapist plaintiffs asserted a legally cognizable right to privacy claim under the California Constitution when they challenged the statutory mandate that they report patients who admitted to viewing child pornography. 		Constitutional Law CASC Dec. 27, 2019
San Diegans for Open Government v. Public Facilities Financing
Under Government Code Section 1092, only parties to contract at issue have right to sue to avoid contract allegedly made in violation of Section 1090; thus, plaintiff lacked standing. 		Government CASC Dec. 27, 2019
Amended Opinion: Zuniga v. Barr
Petitioner had right to counsel in reasonable fear review proceedings initiated under 8 U.S.C. Section 1228, and Immigration Judge failed to obtain valid waiver of that right. 		Immigration 9th Dec. 27, 2019
Danielson v. Inslee
Public employee unions may use their good faith reliance on then-existing precedent to shield themselves from retrospective monetary liability for pre-'Janus' collection of compulsory agency fees from non-union members. 		Labor Law 9th Dec. 27, 2019
Carter v. Davis
Counsel made legitimate tactical decision to focus on positive aspects of defendant's career and family life as an adult, rather than giving greater emphasis to his traumatic childhood. 		Criminal Law and Procedure 9th Dec. 27, 2019
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
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