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Livaditis v. Davis
California Supreme Court's denial of habeas relief was supported by reasonable grounds since petitioner's counsel's performance was not deficient and, in any event, did not prejudice the defense. 		Civil Rights 9th Aug. 12, 2019
Janjua v. Neufeld
Because issue of whether appellant was inadmissible on terrorism-related grounds was not raised, contested, and submitted for determination at his asylum proceeding, it was not actually litigated; thus, issue preclusion did not apply. 		Immigration 9th Aug. 12, 2019
Coeur d'Alene Tribe v. Hawks
Tribe's action to enforce the Tribal Court's judgment against nonmember presented a substantial issue of federal law; thus, district court had federal question jurisdiction. 		Native American Affairs 9th Aug. 12, 2019
Riley v. Filson
State's Federal Rule of Civil Procedure 60(b)(6) motion to reopen final judgment was properly denied because no change in Nevada law regarding distinct statutory elements of first-degree murder occurred. 		Criminal Law and Procedure 9th Aug. 12, 2019
Johnson v. Housing Authority of City of Oakland
Housing authority's summary of meeting discussing plaintiff's eviction coupled with the pre-termination notice was sufficient to enable plaintiff to prepare her defense. 		Administrative Agencies 1DCA/4 Aug. 12, 2019
S.C. v. G.S.
Under Family Code Section 3603 and 2692, child support payments may not be modified retroactively and trial courts lack the authority to make such modifications. 		Family Law 6DCA Aug. 12, 2019
Red & White Distribution v. Osteroid Enterprises
Under Civil Code Section 1671(b), a liquidated damages clause will be considered unreasonable and unenforceable if it bears no reasonable relationship to the actual damages. 		Civil Procedure 2DCA/4 Aug. 12, 2019
ClipperJet Inc. v. Tyson
Defendant filed untimely notice of removal, co-defendant filed duplicative notice of removal, and defendant failed to take action for eight months after remand, warranting entry of default and default judgment. 		Civil Procedure 4DCA/3 Aug. 9, 2019
Pina v. County of Los Angeles
When a medical witness' testimony is permitted for the limited purpose of impeachment, any additional contradicting medical opinions presented will be considered prejudicial error. 		Torts 2DCA/4 Aug. 9, 2019
People v. Capers
Witness' refusal to testify did not violate defendant's due process right to present defense under Sixth Amendment because there was no prosecutorial misconduct. 		Criminal Law and Procedure CASC Aug. 9, 2019
Patel v. Facebook
Plaintiffs established Article III Standing because the Illinois Biometric Information Privacy Act protected their concrete privacy interest and alleged violations posed at least material risk of harm to those interests. 		Civil Procedure 9th Aug. 9, 2019
Andrews v. Sirius XM Radio
The Driver's Privacy Protection Act is not violated when information is obtained from a driver's license because driver's licenses are considered individual property, not DMV property. 		Consumer Law 9th Aug. 9, 2019
Ehrman v. Cox Communications
Defendant's jurisdictional allegations, which provided a short and plain statement of the parties' citizenships based on information and belief, satisfied its burden of pleading minimal diversity. 		Civil Procedure 9th Aug. 9, 2019
Avena v. Chappell
Trial counsel's failure to conduct a thorough investigation of defendant's background to present mitigation evidence was constitutionally inadequate and prejudiced defendant by essentially ensuring defendant would be sentenced to death. 		Civil Rights 9th Aug. 9, 2019
Bakalian v. Central Bank of Turkey
In the absence of invalidated extension statute, plaintiffs' claims were barred by ten-year statute of limitations for claims of genocide, war crimes, and crimes against humanity. 		Civil Procedure 9th Aug. 9, 2019
People v. Centeno
Under Penal Code Section 1203.06, a court cannot grant probation to someone who commits a robbery with a firearm even if the court had the discretion to strike the firearm enhancement. 		Criminal Law and Procedure 4DCA/1 Aug. 9, 2019
Potocki v. Wells Fargo Bank, N.A.
Plaintiffs stated a claim under Homeowner Bill of Rights Section 2923.6(f) because Wells Fargo's explanation for denying Home Affordable Modification Program modification was insufficient to sustain a demurrer. 		Torts 3DCA Aug. 9, 2019
Missionary Guadalupanas of the Holy Spirit v. Rouillard
Department's interpretation of basic health care services to include abortions was the only legally tenable interpretation of statute; thus, Administrative Procedure Act rulemaking process was not applicable. 		Health Care 3DCA Aug. 8, 2019
In re A.M.
Department of Juveniles Facilities official's testimony provided substantive evidence to support juvenile court's finding of a probable benefit to minor from a Department of Juveniles Facilities commitment. 		Juveniles 1DCA/5 Aug. 8, 2019
Smith v. Ogbuehi
Trial court failed to exercise its discretionary authority by finding it lacked authority to appoint counsel for unrepresented prisoner-litigant; thus, remand was necessary for analysis under 'Wantuch v. Davis' and 'Apollo v. Gyaami.' 		Civil Rights 5DCA Aug. 8, 2019
Modification: Blaser v. State Teachers' Retirement System
Under continuous accrual theory, CalSTRS could assert claims to recoup overpayments accruing three years prior to filing of this action. 		Administrative Agencies 6DCA Aug. 8, 2019
Barclay Hollander Corp. v. Cal. Regional Water Quality Control
Because no Water Code provision provided for the Administrative Procedure Act to apply, appellant's challenge to the Water Board's determination based on the APA failed. 		Administrative Agencies 2DCA/3 Aug. 8, 2019
Agua Caliente Tribe v. Sweeney
District court properly refused to compel Assistant Secretary of Indian Affairs to place tribe on list of federally recognized tribes published in Federal Register because tribe failed to exhaust administrative process. 		Native American Affairs 9th Aug. 8, 2019
Palm Finance Corp. v. Parallel Media LLC
A foreign court order for a monetary judgment is presumptively authenticated and admissible if it is from a nation recognized by the United States and contains a legitimate court seal. 		Evidence 2DCA/8 Aug. 8, 2019
In re Agneta Dobos
Because judgment in favor of appellants expired long before they filed their adversary proceeding, they can no longer enforce the debt. 		Bankruptcy BAP Aug. 7, 2019
P. v. Superior Court (I.R.)
Murder charge against real party in interest allegedly committed when he was 15-years-old cannot be transferred to criminal court based on separate felony offense he committed when he was 17. 		Juveniles 5DCA Aug. 7, 2019
People v. Jefferson
Defendant was ineligible for mental health diversion under Penal Code Section 1001.36 because the trial court clearly indicated it did not believe defendant's alleged mental disorder influenced his criminal acts. 		Criminal Law and Procedure 5DCA Aug. 7, 2019
People v. Gutierrez-Salazar
Because jury found true a felony-murder special circumstance which tracks language of Senate Bill 1437 and the new felony-murder statutes, any potential instructional error would be harmless. 		Criminal Law and Procedure 5DCA Aug. 7, 2019
In re Frank Jakubaitis
Plaintiffs' deposition questions regarding debtor's diagnoses and the purpose of his medications were within the scope of the psychotherapist-patient privilege. 		Bankruptcy BAP Aug. 6, 2019
In re Gwendolyn Washington
Bankruptcy court improperly concluded creditor's unsecured claim was automatically an allowed claim in chapter 13 case after valuing creditor's secured claim at zero, despite the unsecured claim being unenforceable against debtor. 		Bankruptcy BAP Aug. 6, 2019
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