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People v. Thomas
Substantial evidence supported the trial court's conclusion petitioner intended to cause great bodily injury and not true finding on great bodily injury allegation did not preclude trial court's conclusion in resentencing eligibility context. 		Criminal Law and Procedure 2DCA/2 Sep. 16, 2019
In re L.M.
Juvenile court did not err in considering minor's proposed placement, rather than solely removal, in applying the best interest standard, and juvenile court's finding was supported by substantial evidence. 		Dependency 4DCA/1 Sep. 16, 2019
Crouch v. Trinity Christian Center of Santa Ana, Inc.
Flying into tirade at 13-year-old girl who had been drugged and raped and yelling at her that she was stupid and it was her fault was sufficiently extreme and outrageous to impose liability. 		Torts 4DCA/3 Sep. 16, 2019
Levin v. Winston-Levin
In order to be liable for double damages under Probate Code Section 859, it must be proven that the accused person acted in bad faith. 		probate_and_trusts 4DCA/3 Sep. 16, 2019
The Lake Norconian Club Foundation v. Dept. of Corrections
Department of Corrections and Rehabilitation was under no statutory duty to maintain former hotel it owned, so failure to act was not correctible by writ of mandate. 		Environmental Law 1DCA/4 Sep. 16, 2019
Calaveras Telephone Company v. Public Utilities Commission
Public Utilities Commission's resolution and decision departed from well-established requirements governing issuance of funding from California High Cost Fund A; thus, Commission abused its discretion. 		Utilities 3DCA Sep. 16, 2019
J.H. Boyd Enterprises, Inc. v. Boyd
While denial of motion to compel arbitration is appealable, that statute does not mention judicial reference; thus, there was no statutory authority for review of order denying judicial reference. 		Civil Procedure 5DCA Sep. 13, 2019
ZB, N.A. v. Superior Court (Kalethia Lawson)
Labor Code Section 558 provides no private right of action and plaintiff could not recover unpaid wages under Section 558 in a Private Attorneys General Act claim as she requested. 		statutory_interpretation CASC Sep. 13, 2019
Friend (Jack Wayne) on H.C.
Order 		CASC Sep. 13, 2019
People v. Gentile
Order 		CASC Sep. 13, 2019
Ixchel Pharma v. Biogen
Order 		CASC Sep. 13, 2019
Bennett v. Superior Court
Trial court's consideration of inadmissible case-specific hearsay was central to its finding of probable cause to commit petitioner as a sexually violent predator, so petitioner's writ petition must be granted. 		Evidence 2DCA/2 Sep. 13, 2019
People v. Hughes
Penal Code Section 1001.36 applies retroactively to cases in which judgment is not yet final for criminal defendants. 		Criminal Law and Procedure 1DCA/5 Sep. 13, 2019
Roberts v. City and County of Honolulu
The appropriate legal standard for determining the prevailing hourly rate for reasonable attorney's fees is to examine the rates in the local legal community for similar work by comparable attorneys. 		Attorneys 9th Sep. 13, 2019
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 Sep. 13, 2019
U.S. v. Hong
Defendant did not attempt to pass himself off as his patients in fraudulent billing scheme; thus, defendant did not 'use' patient's identities within meaning of aggravated identity theft statute. 		Criminal Law and Procedure 9th Sep. 13, 2019
Barr v. East Bay Sanctuary Covenant
Order 		USSC Sep. 13, 2019
Machado v. Myers
Trial court correctly granted Code of Civil Procedure Section 664.6 motion for entry of judgment, but the judgment actually entered improperly modified the terms of the parties' settlement agreement. 		Civil Procedure 4DCA/1 Sep. 12, 2019
City of San Juan Capistrano v. California Public Utilities Commission
District court properly dismissed City's claims because City lacked standing to challenge state law on constitutional grounds in federal court and claims were barred by Eleventh Amendment. 		Civil Rights 9th Sep. 12, 2019
Ramirez v. Ryan
Petitioner's underlying claim of ineffective assistance of trial counsel was substantial, thus constituting 'prejudice' under 'Martinez Ramirez v. Ryan' and excusing procedural bar. 		Criminal Law and Procedure 9th Sep. 12, 2019
Garris v. FBI
To maintain a record, the government must demonstrate that the record is pertinent to and within the scope of a specific and currently ongoing authorized law enforcement activity. 		statutory_interpretation 9th Sep. 12, 2019
Rudel v. Hawaii Mgmt Alliance Assn.
State law claims were preempted by ERISA Section 502(a), but saved from preemption under Section 514 and since the state statutes did not expand ERISA's remedial scope, they provided the rule of law. 		statutory_interpretation 9th Sep. 12, 2019
Pizzella v. Seward Ship's Drydock
C.F.R. Section 1910.134(d)(l)(iii) requires covered employers to evaluate respiratory hazards that exist in the workplace in order to determine whether respirators must be provided. 		Administrative Agencies 9th Sep. 12, 2019
U.S. v. Campbell
Chapter 7 of the U.S. Sentencing Guidelines' lack of an express provision for consecutive sentencing upon revocation of multiple concurrent supervised release terms did not militate against availability of such a sentence. 		Criminal Law and Procedure 9th Sep. 12, 2019
Victory Processing v. Fox
Montana Code Section 45-8-216, addressing robocalls, failed to pass strict scrutiny because it was both underinclusive and overinclusive in relation to Montana's compelling state interest. 		Constitutional Law 9th Sep. 11, 2019
People v. Hall
Petitioner's arrest and probation reports, although hearsay, were sufficiently reliable under the circumstances to support their admissibility in determining whether petitioner was eligible for relief under Proposition 64. 		Evidence 2DCA/6 Sep. 11, 2019
Southern Cal. Edison Co. v. Severns
Based on language in conveyances, plaintiff was granted 'floating easements' over property to access its electrical facilities which became 'fixed' easements due to history of use. 		Real Property 2DCA/6 Sep. 11, 2019
People v. Torres
Penal Code Section 1001.36 may not be applied on appeal, after a criminal defendant's conviction and sentence, to determine if the mental health diversion applies. 		Criminal Law and Procedure 2DCA/6 Sep. 11, 2019
People v. Evans
Under California Penal Code Section 1202.4(f), a court does not need to consider a criminal defendant's ability to pay when imposing a restitution award. 		Criminal Law and Procedure 1DCA/4 Sep. 10, 2019
Kaffaga v. Estate of Thomas Steinbeck
Plaintiff failed to meet burden of placing into record meaningful evidence of defendant's financial condition and ability to pay any punitive damages award; thus, punitive damages award could not stand. 		Remedies 9th Sep. 10, 2019
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