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Name Category Published
Dine Citizens Against Ruining v. Bureau of Indian Affairs
Wholly Navajo Nation-owned corporation shared the Nation's tribal immunity, and dismissal of the action under Federal Rules of Civil Procedure 19 and 12(b)(7) was not improper. 		Civil Procedure 9th Jul. 30, 2019
Noel v. Thrifty Payless, Inc.
Representative plaintiff in class action need not introduce evidence establishing how notice of action will be communicated to individual class members in order to show ascertainable class. 		Civil Procedure CASC Jul. 30, 2019
Winding Creek Solar LLC v. Carla Peterman
California Public Utilities Commission's Renewable Market Adjusting Tariff program violated the Public Utilities Regulatory Policies Act by implementing a cap and impermissible pricing mechanisms, and was thus preempted. 		Utilities 9th Jul. 30, 2019
United States v. Ochoa
Special condition was not unconstitutionally overbroad because it properly abridged defendant's right to free speech in order to effectively address his sexual deviance problem. 		Constitutional Law 9th Jul. 30, 2019
Trump v. Sierra Club
Order 		USSC Jul. 30, 2019
Cleveland Nat. Forest Foundation v. County of San Diego
County Board did not properly consider the connection between residential and agricultural uses as required by Subdivision Map Act Section 66474.4 and the Williamson Act. 		Real Property 4DCA/1 Jul. 29, 2019
People v. Patton
Probationers do not enjoy the same absolute liberty as law-abiding citizens, therefore a condition that permits the warrantless search of a probationer's cell phone is constitutional. 		Criminal Law and Procedure 4DCA/1 Jul. 29, 2019
Valentine v. Plum Healthcare Group, LLC
Defendants did not establish that plaintiff signed arbitration agreements as decedent's agent; thus plaintiff could not bind his children to arbitrate wrongful death claims. 		Arbitration 3DCA Jul. 29, 2019
East Bay Sanctuary Covenant v. Trump
Order 		9th Jul. 29, 2019
Huckey v. City of Temecula
Under the trivial defect doctrine, a defect in a sidewalk is trivial as a matter of law when the defect is slight and creates no risk of serious injury. 		Torts 4DCA/2 Jul. 29, 2019
Nguyen v. Nissan North America
Plaintiff's theory of liability--that defendant's manufacture and concealment of defective clutch system injured class members--was consistent with his proposed recovery based on benefit of the bargain. 		Consumer Law 9th Jul. 29, 2019
Dixon v. Ryan
Arizona Superior Court did not rely on unreasonable determinations of fact in rejecting petitioner's ineffective assistance of counsel claim, and petitioner did not raise good faith doubts about competency in relevant proceedings. 		Civil Rights 9th Jul. 29, 2019
In re J.P.
When a bond exists between a nonparent and a child, the court may provide visitation rights for the nonparent so long as it is in the child's best interest. 		Juveniles 6DCA Jul. 29, 2019
People v. Superior Court (Jones)
Order 		CASC Jul. 26, 2019
Doe v. Occidental College
Student's account of sexual assault by plaintiff, which was substantiated by other witnesses, was sufficient to provide substantial evidence to support adjudicator's finding that plaintiff violated school's sexual misconduct policy. 		Evidence 2DCA/3 Jul. 26, 2019
Bontilao v. Superior Court
Regardless of whether petitioner's motion was directed to trial of a criminal or civil cause, it was untimely under Code of Civil Procedure Section 170.6(2)'s all purpose rule. 		Civil Procedure 6DCA Jul. 26, 2019
Adhav v. Midway Rent A Car, Inc.
Defendants engaged in no illegal or fraudulent conduct in their dealings with plaintiffs who purchased optional insurance coverage for rental vehicles, so plaintiffs' Unfair Competition Law claims failed. 		Torts 2DCA/1 Jul. 26, 2019
Severson & Werson v. Sephery-Fard
Under Section 527.8 of the Workplace Violence Safety Act, an employer seeking a restraining order for its employees, must provide the respondent with five days notice of the hearing. 		Civil Procedure 6DCA Jul. 26, 2019
Hollingsworth v. Superior Court
The superior court first assumed jurisdiction over plaintiffs' claims, so it, not the Workers' Compensation Appeals Board, should determine which tribunal has exclusive jurisdiction over plaintiffs' claims. 		Civil Procedure 2DCA/4 Jul. 26, 2019
Cole v. Hammond
Trial court erred in denying defendants' motion for mandatory dismissal pursuant to Civil Procedure Section 583.360, and instead granting plaintiff's motion for voluntary dismissal. 		Civil Procedure 2DCA/4 Jul. 26, 2019
People v. Young
Trial court erred in permitting prosecution on rebuttal to introduce substantial evidence concerning defendant's racist beliefs simply for the light the offensiveness of those beliefs shed on his character. 		Criminal Law and Procedure CASC Jul. 26, 2019
Amended Opinion: U.S. v. Martinez-Hernandez
California Penal Code Section 211 robbery qualifies as a generic theft offense under 8 U.S.C. Section 1101(a)(43)(G), and thus is an aggravated felony under 8 U.S.C. Section 1227(a)(2)(A)(iii). 		Immigration 9th Jul. 26, 2019
Amended Opinion: U.S. v. Perez
Conviction under Penal Code Section 243(d) fits squarely within the definition of 'crime of violence' under U.S.S.G. Section 4B1.2(a), so no error occurred in defendant's sentencing. 		Criminal Law and Procedure 9th Jul. 26, 2019
West v. City of Caldwell
The lack of voluntariness to enter plaintiff's home was not so clearly established to police that officer would have known that plaintiff's consent was not voluntary; thus, officer entitled to qualified immunity. 		Criminal Law and Procedure 9th Jul. 26, 2019
Tauscher v. Phoenix Board of Realtors
Genuine issue of material fact remained as to whether defendant took necessary steps to ensure effective communication with profoundly deaf individual under Americans with Disabilities Act. 		Disability Discrimination 9th Jul. 26, 2019
U.S. Commodity Futures Trading Commission v. Monex Credit Company
Commodity Exchange Act's actual delivery exception required some meaningful degree of customer possession, which did not occur here, and the CFTC may sue for fraudulently deceptive activity or manipulative activity. 		statutory_interpretation 9th Jul. 26, 2019
Modification: Rivera v. Kent
The California Department of Health Care Services is not restricted to 45 days when making Medi-Cal eligibility determinations for applicants under Section 15926 under the Welfare & Institutions Code. 		Health Care 1DCA/4 Jul. 25, 2019
Modification: Samsky v. State Farm Mutual Automobile Ins. Co.
Appellant satisfied requirements of Code of Civil Procedure Section 2033.420(a) and respondent failed to meet exceptions under Section 2033.420(b), so appellant was entitled to costs of proof under Section 2033.420(a). 		Civil Procedure 2DCA/8 Jul. 25, 2019
Potter v. Alliance United Ins. Co.
Trial court improperly sustained defendant's demurrer because plaintiff stated a proper fraudulent conveyance claim under California's Uniform Voidable Transactions Act. 		Torts 2DCA/5 Jul. 25, 2019
People v. Turner
Trial court has no duty to sua sponte instruct jury that prosecution must prove great bodily injury as an element of mayhem. 		Criminal Law and Procedure 3DCA Jul. 25, 2019
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