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Orchard Estate Homes v. The Orchard Homeowner Alliance
Order 		4DCA/2 Jun. 21, 2019
City and County of San Francisco v. The Regents of the University of California
Charter cities may require state agencies to assist in collection and remittance of municipal taxes; thus, City's tax collection requirement was valid exercise of its power from which universities were not immune. 		Municipal Law CASC Jun. 21, 2019
State of California v. Azar
Order 		9th Jun. 21, 2019
Marriage of Ankola
Family Code Section 6305(a)(1) precludes the court from granting a mutual restraining order unless both parties appear before the court and submit evidence with the mandatory form. 		Family Law 6DCA Jun. 21, 2019
Moss v. Duncan
Two-year statute of limitations on professional negligence claim ran upon actual injury, which occurred when plaintiff and Franchise Tax Board settled, rather than its notice of proposed assessment. 		Civil Procedure 4DCA/1 Jun. 21, 2019
Ross v. County of Riverside
Repeated or extended absences from work for medical appointments amount to a limitation on the major life activity of working for disability analysis under the Fair Employment and Housing Act. 		Employment Law 4DCA/1 Jun. 21, 2019
People v. Montalvo
Although evidence did not allow inference that fear was utilized by defendant to accomplish robberies, sufficient evidence of use of force supported defendant's robbery convictions. 		Criminal Law and Procedure 3DCA Jun. 21, 2019
People v. Perry
Unlawful arrest alone is not legally sufficient for conviction under Penal Code Section 149, so reversal was necessary because jury heard theory of guilt premised on officer lacking authority to arrest. 		Criminal Law and Procedure 5DCA Jun. 20, 2019
Pearl v. City of Los Angeles
Conditional order granting new trial motion unless plaintiff accepted reduction in damages was proper because trial court acted as independent factfinder and determined the amount of damages that was fair and reasonable. 		Civil Procedure 2DCA/7 Jun. 20, 2019
Hanna v. Mercedes-Benz USA
Trial court erred in awarding attorney fees based on percentage-based contingency fee provision in retainer agreement between plaintiff and her counsel rather than using lodestar figure as its starting point. 		Civil Procedure 2DCA/7 Jun. 20, 2019
Tanguilig v. Valdez
Under Section 15657.03 (b)(4)(A) of Elder Abuse Act, elder may seek restraining order to not only protect himself but also members of his family; thus, trial court's extension of restraining order affirmed. 		Civil Procedure 1DCA/2 Jun. 20, 2019
People v. Superior Court (K.L.)
The intent of Proposition 57 was to reduce the number of youths prosecuted as adults, and Senate Bill 1391 was not unconstitutional since it furthered, rather than contravened, that purpose. 		Juveniles 3DCA Jun. 20, 2019
People v. Bankers Insurance Co.
When a bench warrant or bail forfeiture is administered in a court session, the judge has the power to retract it until that particular session is over. 		Criminal Law and Procedure 6DCA Jun. 20, 2019
Howard Jarvis Taxpayers Assn. v. Amador Water Agency
Water service fees addressed in Amador Water Agency's Resolution 2015-19 constituted tax levies for purposes of referendum under California Constitution Article II, Section 9, so referendum was unavailable to petitioners. 		Government 3DCA Jun. 19, 2019
Center for Biological Diversity v. CA Dept. of Conservation
Public Resources Code Section 3161(b)(3)(B)(ii) reflects legislative intent to limit scope of environmental impact report to well stimulation treatments only; thus, appellant's writ of mandate petition properly denied. 		Environmental Law 3DCA Jun. 19, 2019
Raney v. Cerkueira
Automatic restraining order pursuant to Family Code Section 2040 allows elimination of right of survivorship but notice is required, so spouse could file or serve notice of severance before or after recording. 		Real Property 1DCA/5 Jun. 19, 2019
Swanson v. County of Riverside
In order to succeed on an anti-SLAPP motion, the action must primarily arise from protected speech or petitioning activity; thus, anti-SLAPP motion did not apply. 		Anti-SLAPP 4DCA/1 Jun. 19, 2019
Orozco v. WPV San Jose, LLC
When a contract is obtained by fraud, a party is entitled to rescission even if they do not suffer individual pecuniary damages. 		Civil Procedure 6DCA Jun. 19, 2019
Modification: People v. Montiel
The plain language and structure of Penal Code Section 1202.4(k)(3) led to conclusion that parents of children who are sexually abused may be awarded restitution for noneconomic losses. 		Criminal Law and Procedure 1DCA/1 Jun. 19, 2019
Hoag Memorial Hospital Presbyterian v. Kent
Administrative appeal was untimely because it was filed past 60 days of receipt of the Department of Health Care Services' audit report and did not relate back to appellant's initial appeal. 		Administrative Agencies 1DCA/3 Jun. 19, 2019
U.S. Herrold
Order 		USSC Jun. 19, 2019
Klein v. OR Bureau of Labor & Industries
Order 		USSC Jun. 19, 2019
Richardson v. U.S.
Order 		USSC Jun. 19, 2019
Amended Opinion: Rojas v. FAA
The FAA did not show that it conducted a search reasonably calculated to uncover all relevant documents in response to plaintiff's request; thus, the district court erred in granting summary judgment. 		Government 9th Jun. 19, 2019
Martinez v. Ryan
Arizona Supreme Court applied an unconstitutional causal nexus test under 'Eddings v. Oklahoma' but appellant was not prejudiced by constitutional error; thus, denial of writ of habeas corpus affirmed. 		Criminal Law and Procedure 9th Jun. 19, 2019
San Diego Gas & Electric Co. v. San Diego Regional Water
Under Water Code Section 13304, Regional Board was not required to apply substantial factor test to nuisance creation element; thus, substantial evidence supported finding that appellant created pollution or nuisance. 		Water Rights 4DCA/1 Jun. 19, 2019
Virginia House of Delegates v. Bethune-Hill
Virginia House of Delegates lacked standing to appeal district court's order because it had no authority or responsibility to litigate the State's interests and lacked standing in its own right. 		Civil Procedure USSC Jun. 18, 2019
Gamble v. United States
Dual sovereignty doctrine, under which two offences are not the same offences in double jeopardy analysis if prosecuted by separate sovereigns, should not be overturned. 		Criminal Law and Procedure USSC Jun. 18, 2019
Virginia Uranium, Inc. v. Warren
Atomic Energy Act contains no provision preempting state law; thus, it does not preempt Virginia's law banning uranium mining. 		Constitutional Law USSC Jun. 18, 2019
Manhattan Community Access Corp. v. Halleck
Operating public access channels on a cable system was not a traditional, exclusive public function; thus, petitioner was not a state actor subject to the First Amendment. 		Constitutional Law USSC Jun. 18, 2019
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