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People v. McDaniel
Defendant's non-response to mother's indirect accusation that he committed robberies was not an adoptive admission, and documents found in defendant's vehicle were not relevant to current proceedings. 		Evidence 5DCA Aug. 20, 2019
Union of Medical Marijuana Patients v. City of San Diego
Amending zoning regulations as part of ordinance regulating medical marijuana dispensaries was capable of causing indirect physical environmental changes, so the ordinance was a project necessitating CEQA analysis. 		Environmental Law CASC Aug. 20, 2019
U.S. v. Cuevas-Lopez
A criminal defendant's sentencing for a felony may be aggregated to determine sentencing enhancements if it falls under the 'single sentence rule' in United States Federal Sentencing Guidelines section 4A1.2(a)(2). 		Criminal Law and Procedure 9th Aug. 20, 2019
U.S. v. Begay
Second degree murder may be committed recklessly, thus does not qualify as categorical crime of violence. 		Criminal Law and Procedure 9th Aug. 20, 2019
U.S. v. Shayota
Even if district court erred in finding witnesses who asserted Fifth Amendment privilege were unavailable for Confrontation Clause purposes, error was harmless due to the strength of the government's case. 		Criminal Law and Procedure 9th Aug. 20, 2019
Chemehuevi Indian Tribe v. McMahon
Under 42 U.S.C. Section 1983, individual members of an Indian Tribe may seek relief for violations of federal law as individuals, not as a tribe. 		Native American Affairs 9th Aug. 20, 2019
People v. Santos
Prior to imposing court operations fines and criminal conviction assessments , a trial court must determine whether the criminal defendant is indigent or has the ability to pay the fine. 		Criminal Law and Procedure 6DCA Aug. 19, 2019
People v. Sanchez
Prosecutor did not misstate intent element of charged offense in closing, so defense counsel's failure to object could not constitute deficient performance. 		Criminal Law and Procedure 2DCA/2 Aug. 19, 2019
Mass v. Franchise Tax Bd.
Court found that taxpayers could not establish that Revenue and Taxation Code section 17145 conflicted with the tax exemption under article XIII of the California Constitution. 		Tax 2DCA/3 Aug. 19, 2019
East Bay Sanctuary Covenant v. Barr
Order 		9th Aug. 19, 2019
Senne v. Kansas City Royals Baseball
Plaintiffs satisfied class certification requirements of FRCP 23(a), 23(b)(3), and 23(b)(2), in light of plaintiffs' extensive representative evidence admissible under 'Tyson Foods v. Bouaphakeo.' 		Labor Law 9th Aug. 19, 2019
Amazon.com v. Commissioner of Internal Revenue
Only independently transferable assets, not residual-business assets inseparable from business such as workforce in place and growth options, are included in Treasury Regulation Section 1.482-4(b)'s definition of an "intangible" asset. 		Tax 9th Aug. 19, 2019
O'Rourke v. No. California Electrical Workers Pension Plan
Where an ERISA plan administrator's interpretation of what type of work falls within the plan's definition of 'prohibited employment' is strictly complied with, there is no abuse of discretion. 		Labor Law 9th Aug. 19, 2019
Tijerino v. Stetson Desert Project
Under the Fair Labor Standards Act, an employment status provision is not an antecedent jurisdictional limitation that inhibits subject matter jurisdiction. 		Labor Law 9th Aug. 19, 2019
U.S. v. Crum
Conviction for delivery of methamphetamine under Oregon Revised Statutes Section 475.890 qualified as a U.S.S.G. Section 4B1.2 "controlled substance offense" warranting assignment of a higher base offense level. 		Criminal Law and Procedure 9th Aug. 19, 2019
U.S. v. Cano
Border search exception does not permit warrantless, suspicionless forensic search of defendant's cell phone. 		Constitutional Law 9th Aug. 19, 2019
People ex rel. State Dept. of State Hospitals v. S.M.
In Mentally Disordered Offender proceeding, court will reverse only if it is more probable than not that appellant would have received a better result had he been allowed to represent himself. 		Criminal Law and Procedure 2DCA/6 Aug. 16, 2019
Hersey v. Vopava
Plaintiff obtained judgment more favorable than defendant's first Section 998 offer, but trial court did not address whether plaintiff was prevailing party with respect to defendant's second Section 998 offer, necessitating remand. 		Civil Procedure 2DCA/8 Aug. 16, 2019
People v. Burns
Record could be read to support all six threshold mental health diversion eligibility requirements; thus, matter remanded to trial court to hold a diversion eligibility hearing. 		Criminal Law and Procedure 4DCA/1 Aug. 16, 2019
People v. Moses
Under Penal Code Section 236.1(c), human trafficking of a minor, the victim must actually be a minor and not an adult assuming the role of a minor. 		Criminal Law and Procedure 4DCA/3 Aug. 16, 2019
Clifford v. Quest Software Inc.
Under Business and Professions Code Section 172001, agreements to arbitrate claims for private injunctive relief are barred in California, but private injunctive relief may be arbitrated. 		Employment Law 4DCA/3 Aug. 16, 2019
Shalabi v. City of Fontana
Order 		CASC Aug. 16, 2019
Flores v. Barr
Because district court's opinion in its order enforcing 'Flores' Agreement did not modify that agreement, court lacked jurisdiction over appeal. 		Immigration 9th Aug. 16, 2019
Apollo Education Group, Inc. v. National Union Fire Insurance Co.
Order 		9th Aug. 16, 2019
City of Oroville v. Superior Court
City of Oroville not liable in inverse condemnation because sewage backup was not unavoidable consequence of risk posed by the sewer system and plaintiffs lacked a legally required backwater valve. 		Real Property CASC Aug. 16, 2019
In re Ricardo P.
Because there was no indication that defendant used or will use electronic devices in connection with any illegal activity, record was insufficient to justify substantial burdens imposed by electronics search condition. 		Criminal Law and Procedure CASC Aug. 16, 2019
Voris v. Lampert
Conversion claim is not an appropriate remedy for nonpayment of wages, and Legislature's remedial scheme should not be modified to include conversion as a remedy. 		Torts CASC Aug. 16, 2019
The Nat. Grange of the Order of Patrons of Husbandry v. California Guild
Attorney disqualified for formerly representing an adverse party in the same litigation necessitates vicarious disqualification of the entire firm, regardless of the firm's ethical screening measures. 		Attorneys 3DCA Aug. 15, 2019
Wolf v. Superior Court
Under California Rules of Court, rule 8.851(a)(1), the appellate division must appoint counsel to a defendant subject to incarceration and who was represented by counsel at the trial level. 		Criminal Law and Procedure 4DCA/2 Aug. 15, 2019
A.J. Fistes Corp. v. GDL Best Contractors, Inc.
Plaintiff alleged facts sufficient to establish taxpayer standing to sue to restrain the alleged illegal expenditure of public funds by School District. 		Government 2DCA/7 Aug. 15, 2019
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