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Pit River Tribe v. Bureau of Land Management
The Geothermal Stream Act, 30 U.S.C. Section 1005(a), clearly and unambiguously only permits production-based continuations for geothermal leases on a lease-by-lease basis, rather than on a unit-wide basis. 		statutory_interpretation 9th Sep. 20, 2019
U.S. v. Shelby
Oregon first-degree robbery is not a violent felony under the Armed Career Criminal Act force clause because it "doesn't require physically violent force." Therefore, the sentencing enhancement may not apply. 		Criminal Law and Procedure 9th Sep. 20, 2019
Jones v. Awad
To attach premises liability to an owner, the owner must have either actual or constructive knowledge of the dangerous condition. 		Torts 5DCA Sep. 19, 2019
People v. Nzolameso
'Birchfield v. North Dakota' did not prohibit finding implied consent because defendant could choose from three tests, and was not forced to choose between a blood test or criminal penalties. 		Criminal Law and Procedure 2DCA/8 Sep. 19, 2019
Hicks v. Richard
To defeat common interest privilege defense in anti-SLAPP motion plaintiff must show defendant acted with 'malice.' 		Employment Law 4DCA/1 Sep. 19, 2019
Minton v. Dignity Health
May be violation of Unruh Act where Catholic hospital refuses to perform hysterectomy on transgender man. 		Civil Rights 1DCA/4 Sep. 19, 2019
Cheema v. L.S. Trucking, Inc.
Under Penal Code Section 3287, prejudgment interest is appropriate where damages are certain or capable of being made certain by calculation if the defendant actually knows the damage amount. 		Civil Procedure 1DCA/4 Sep. 19, 2019
Spracher v. Paul M. Zagaris, Inc.
Denial of defendants' motion to compel arbitration, filed nearly two years into fierce litigation, was supported by substantial evidence in light of 'St. Agnes Medical Center v. PacifiCare of California' factors. 		Arbitration 1DCA/3 Sep. 19, 2019
American Diabetes Ass'n v. U.S. Dept. of Army
An organization has standing if it can establish an injury in fact by proving it has sufficiently diverted its resources to combat the conduct in question. 		Civil Procedure 9th Sep. 19, 2019
Cruz Pleitez v. Barr
'Flores-Chavez v. Ashcroft' did not extend to the circumstances presented here, and notice provided to petitioner was constitutionally sufficient under 'Mathews v. Eldridge'. 		Immigration 9th Sep. 19, 2019
Husayn v. U.S.
Even where state secrets privilege apply, nonsensitive information must be "disentangled" from sensitive information and released, where possible. 		Evidence 9th Sep. 19, 2019
Mackovksa v. Viewcrest Road Properties LLC
Trial court abused its discretion denying plaintiff's motion for relief from waiver of jury trial because defendants failed to show they would be prejudiced by the relief. 		Civil Procedure 2DCA/7 Sep. 19, 2019
In re A.J.
Juvenile court's finding that minor was not eligible for informal supervision because juvenile wardship petition alleged an offense for which restitution could exceed $1,000 was appropriate. 		Juveniles 1DCA/3 Sep. 18, 2019
Skelton v. Workers Comp. App. Bd.
An employee is not entitled to temporary disability indemnity if her wage loss is from her using up her paid time off to attend medical appointments after returning to work. 		Workers' Compensation 6DCA Sep. 18, 2019
Klugman v. Superior Court
Information a year old is not considered stale where child pornography is concerned and therefore may be used to establish probable cause for a search warrant. 		Criminal Law and Procedure 6DCA Sep. 18, 2019
People v. Financial Casualty & Surety, Inc.
Appellant failed to establish the trial court failed any requirement to forfeit bond at hearing for which the clerk failed to indicate whether or not defendant was present. 		Criminal Law and Procedure 4DCA/1 Sep. 18, 2019
U.S. v. Garay
An officer may search a cellphone seized as inventory in preparation for a vehicle about to be towed, if the inventory search is not an excuse to rummage for evidence. 		Criminal Law and Procedure 9th Sep. 18, 2019
Royal Wulff Ventures v. Primero Mining
Act of state doctrine bars U.S. court from granting relief that would require it to 'pass judgment on the validity' of administrative judgment rendered by another sovereign. 		International Law 9th Sep. 18, 2019
First Amendment Coalition v. Ryan
Arizona unconstitutionally restricted witnesses' ability to hear executions. Neither the right of access to governmental proceedings, nor the right of access to courts, provided plaintiffs grounds to requested information regarding their executions. 		Constitutional Law 9th Sep. 18, 2019
In re Cobbs
Petitioner's first degree murder conviction under either a felony murder or natural and probable consequences theory must be vacated and the matter remanded for resentencing in light of Senate Bill 1437. 		Criminal Law and Procedure 3DCA Sep. 18, 2019
In re: Colusa Regional Medical Center
Bankruptcy court applied an incorrect legal standard with regards to the objective test for surcharge, and improperly found Trustee satisfied the correct objective and subjective tests for surcharge. 		Bankruptcy BAP Sep. 17, 2019
City of Dana Point v. New Method Wellness, Inc.
Unlicensed properties operating as drug treatment facilities violated City's zoning ordinance and constituted a public nuisance, warranting issuance of a permanent injunction. 		Real Property 4DCA/3 Sep. 17, 2019
Reynolds v. Lau
Under San Francisco Residential Rent Stabilization and Arbitration Ordinance Section 37.9, a landlord may evict a tenant to occupy that unit so long as it is done in good faith. 		Real Property 1DCA/1 Sep. 17, 2019
People v. Aviles
'People v. Duenas' was wrongly decided; thus, constitutional challenge to imposition of fines, fees, and assessments should be based on Excessive Fines Clause of Eighth Amendment instead of due process. 		Criminal Law and Procedure 5DCA Sep. 17, 2019
U.S. v. Schopp
State statutes of convictions concerning sexual assault and sexual abuse not categorical match to federal definition of sexual exploitation of children; thus, district court erred by applying multiple-conviction enhancement. 		Criminal Law and Procedure 9th Sep. 17, 2019
In re Alpha Media Resort Investment Cases
There was no reason to override trial court's reasoned judgment that plaintiffs met their burden to prove impracticability in bringing cause of action to trial within 5 years of commencement. 		Civil Procedure 1DCA/3 Sep. 17, 2019
Modification: People v. Caro
Because jury would not have reached a different result had the court excluded challenged statements under 'Miranda v. Arizona,' admission was harmless; thus, death sentence affirmed. 		Criminal Law and Procedure CASC Sep. 16, 2019
People v. Caceres
Defendant's threats against his child's mother constituted domestic violence under Family Code Section 6211, a statutory section expressly cross-referenced in Penal Code Section 136.2(i)(1); thus, trial court properly issued protective order. 		Criminal Law and Procedure 2DCA/1 Sep. 16, 2019
In re A.W.
To enhance the crime of vandalism to a felony under California Penal Code Section 594, average costs may not be used to prove the defendant inflicted $400 or more in damages. 		Criminal Law and Procedure 4DCA/3 Sep. 16, 2019
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
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