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People v. Pierce
Trial court did not commit prejudicial error when it refused to strike reference to Penal Code Section 550(a)(5) from conspiracy charge as mere surplusage. 		Criminal Law and Procedure 5DCA Aug. 6, 2019
People v. Calhoun
Evidence Code Section 1161(b) refers to any sexual conduct before victim's trial testimony, and bars evidence of victim's prostitution after defendant's arrest that is offered for credibility or impeachment purposes. 		Evidence 4DCA/3 Aug. 6, 2019
State Farm Mutual Automobile Insurance Company v. Mizuno
Order 		9th Aug. 6, 2019
Sheen v. Wells Fargo Bank, N.A.
Lenders owe no common law duty to offer, consider, or approve loan modifications, so plaintiff's negligence claim was properly dismissed. 		Torts 2DCA/8 Aug. 6, 2019
People v. Superior Court (T.D.)
Senate Bill No. 1391 promotes Proposition 57's goal of juvenile rehabilitation, by ensuring virtually all 14- and 15-year-olds who commit crimes will be processed through the juvenile justice system. 		Criminal Law and Procedure 5DCA Aug. 6, 2019
Scott v. City of San Diego
Amended Government Code Section 12965(b) merely clarified, rather than changed, existing law, and applied in this case to warrant reversal of the trial court's cost award. 		Civil Procedure 4DCA/1 Aug. 5, 2019
People v. Abdullah
Trial court did not recall defendant's sentence under Penal Code Section 1170(d)(1), so resentencing him as if he had not previously been sentenced was not necessary. 		Criminal Law and Procedure 2DCA/1 Aug. 5, 2019
Lacayo v. Catalina Restaurant Group Inc.
Trial court's order leaving decision on classwide arbitration to the arbitrator was not appealable, and the parties' arbitration agreement contained a specific exemption for unfair competition claims. 		Arbitration 4DCA/2 Aug. 5, 2019
People v. Hernandez
Petitioner qualified for reclassification of burglary conviction as misdemeanor shoplifting given the facts underlying the offense, which dictated he could only be charged with shoplifting, not burglary, under Proposition 47. 		Criminal Law and Procedure 4DCA/2 Aug. 5, 2019
Lee v. Dept. of Parks and Recreation
Stone stairway on which plaintiff fell was at least an integral part of a trail, affording defendant immunity under Government Code Section 831.4, but award of defense costs was improper. 		Government 1DCA/4 Aug. 5, 2019
Page v. King
Petitioner's claim satisfied the irreparable harm exception of 'Arevalo v. Hennessy' to 'Younger' abstention, so remand was necessary for the district court to consider the merits of petitioner's claim. 		Civil Rights 9th Aug. 5, 2019
Flores-Vega v. Barr
Petitioner committed crime of violence supporting removability, and although the BIA applied an incorrect legal standard, petitioner failed to establish eligibility for withholding of removal or Convention Against Torture protection. 		Immigration 9th Aug. 5, 2019
Doğan v. Barak
Foreign official immunity not abrogated by Torture Victim Protection Act. 		International Law 9th Aug. 5, 2019
People v. Pearson
Record did not affirmatively establish the trial court failed to consider factors it must consider, so it did not abuse its discretion by denying defendant's request to strike firearm enhancement. 		Criminal Law and Procedure 2DCA/1 Aug. 2, 2019
People v. Kopp
Properly instructed jury would have only found a single conspiracy when case involved same coconspirators, prosecution offered same overt acts, and relied on same evidence; thus, one count of conspiracy was reversed. 		Criminal Law and Procedure 4DCA/1 Aug. 2, 2019
Hubbard v. Coastal Commission
Despite intentional misrepresentations in coastal development permit application, substantial evidence supported the Coastal Commission's determination that complete information would not have changed its ruling on the application. 		Environmental Law 2DCA/4 Aug. 2, 2019
In re C.M.
Family Code Section 3044, which creates a presumption that joint legal custody is not in the child's best interest if domestic violence is present, does not apply to dependency hearings. 		Juveniles 2DCA/5 Aug. 2, 2019
Ranch at the Falls LLC v. O'Neal
Trial court erroneously entered quiet title judgment despite plaintiff's failure to join indispensable parties to the litigation, and plaintiff's express, prescriptive and equitable easement claims failed. 		Real Property 2DCA/8 Aug. 2, 2019
L'Chaim House, Inc. v. Div. of Labor Standards Enforcement
Under Wage Order No. 5, subdivision 11(A) of the California Labor Code, an employer must provide its employees with on-duty meal breaks for at least 30 minutes. 		Employment Law 1DCA/1 Aug. 2, 2019
Cole v. CRST Van Expedited
Order 		9th Aug. 2, 2019
Robles v. Employment Development Dept.
Trial court erred in limiting attorney fees under California's private attorney general statute, to only second phase of litigation because first phase also satisfied the criteria under the statute. 		Civil Procedure 1DCA/4 Aug. 2, 2019
In re A.L.
Juvenile court's comments did not establish clear misapplication of the law necessitating reversal, and the juvenile court applied the correct standard under Penal Code Section 243(b). 		Criminal Law and Procedure 6DCA Aug. 1, 2019
1041 20th Street v. Santa Monica Rent Control Bd.
Rent Control Board was not authorized to exempt residential rental units that were granted removal permits from rent control; thus, trial court erred by applying equitable estoppel. 		Remedies 2DCA/5 Aug. 1, 2019
Modification: Baker-Smith v. Skolnick
An excuse jury instruction under theory of negligence per se is improper unless special circumstances exist; legal error warranted reversal of judgment. 		Torts 2DCA/8 Jul. 31, 2019
In re E.W.
California court was not divested of jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act Section 3422(a)(1) because mother failed to establish all required conditions. 		Family Law 2DCA/8 Jul. 31, 2019
U.S. v. Fabian-Baltazar
Under 'Garza v. Idaho,' attorney provides ineffective assistance by failing to file notice of appeal after client requests to do so, even if client signed appeal waiver; thus, remand was warranted. 		Criminal Law and Procedure 9th Jul. 31, 2019
Wilson v. County of San Joaquin
Government Code Section 850.6(a) did not provide County immunity for City firefighters' alleged negligence since the firefighters were not providing firefighting service during the relevant incident. 		statutory_interpretation 3DCA Jul. 31, 2019
People v. DeJesus
Parolees are not eligible for relief pursuant to Penal Code Section 1473.7 because they are in 'constructive' criminal custody. 		Criminal Law and Procedure 2DCA/3 Jul. 30, 2019
Dickinson v. Cosby
Plaintiff presented sufficient evidence defendant approved or ratified allegedly defamatory statements, the statements were actionable assertions of fact, and were of and concerning her, defeating defendant's anti-SLAPP motion to strike. 		Anti-SLAPP 2DCA/8 Jul. 30, 2019
Davis v. Guam
Where ancestry is 'so closely associated with express racial classification,' use of ancestry-based criteria to limit voter participation in plebiscite violates Fifteenth Amendment. 		Constitutional Law 9th Jul. 30, 2019
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