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People v. Valenzuela
Reduction of defendant's grand theft conviction to misdemeanor through Proposition 47 established absence of essential element of street terrorism offense -- felonious criminal conduct; thus, street terrorism conviction was dismissed. 		Criminal Law and Procedure CASC Jun. 4, 2019
In re Cook
Defendant entitled to a hearing under Penal Code Sections 3051 and 4801 may seek a 'People v. Franklin' proceeding despite defendant's sentence being otherwise final. 		Criminal Law and Procedure CASC Jun. 4, 2019
U.S. v. Knotek
18 U.S.C. Section 3196 did not unconstitutionally amend the extradition treaty between the Czech Republic and the United States, and attempted extortion was an extraditable offense. 		International Law 9th Jun. 4, 2019
Center for Biological Diversity v. USFS
Plaintiffs established injury in fact, causation, and that a ruling in their favor would require defendant to mitigate particular the harms alleged, thus presenting a justiciable dispute. 		Civil Procedure 9th Jun. 3, 2019
People v. Gentile
Senate Bill No. 1437 did not eliminate all murder liability based on the natural and probable consequences theory of accomplice liability. 'People v. Chiu' provided for second degree murder punishment in such circumstances. 		Criminal Law and Procedure 4DCA/2 Jun. 3, 2019
Stokes v. Baker
Health and Safety Code Section 1799.110(c)'s legislative purpose did not bear on causation inquiries, so requiring experts offering medical testimony on such matters to have recent emergency room experience was improper. 		statutory_interpretation 2DCA/3 Jun. 3, 2019
People v. Fryhaat
The trial court erred in summarily denying defendants' motion to vacate his conviction without a hearing, without his presence and without appointed counsel in violation of section 1473.7. 		Criminal Law and Procedure 4DCA/2 Jun. 3, 2019
Greisen v. Hanken
In his First Amendment retaliation case, the district court properly determined plaintiff spoke as a private citizen and not a public employee. 		Constitutional Law 9th Jun. 3, 2019
Arizona Libertarian Party v. Hobbs
Arizona state law signature requirements are reasonable restrictions that impose a modest burden on the Libertarian Party's right to free association; thus, the judgment is affirmed. 		Constitutional Law 9th Jun. 3, 2019
People v. Franks
In order for a Sixth Amendment violation to lie, a defendant must make his intention to maintain his innocence as a defense strategy clear to his counsel. 		Criminal Law and Procedure 3DCA May 31, 2019
Levinson Arshonsky & Kurtz LLP v. Kim
Code of Civil Procedure Section 1294(a) did not apply to mandatory fee arbitration under the Mandatory Fee Arbitration Act, so appellant's appeal was not authorized by statute. 		Arbitration 2DCA/1 May 31, 2019
Bennett v. Rancho California Water Dist.
Collateral estoppel does not apply when a party obtains a favorable finding based on a lesser burden of proof in a prior proceeding than the party would bear in the subsequent proceeding. 		Civil Procedure 4DCA/3 May 31, 2019
Heimlich v. Shivji
Statutory arbitration scheme provided no recourse for vacation or correction where arbitrator refused, mistakenly or not, to award costs based on a belief in lack of jurisdiction. 		Arbitration CASC May 31, 2019
Plantier v. Ramona Municipal Water Dist.
Party may challenge method used to calculate fee without first having participated in Proposition 218 hearing called to consider rate increase; Proposition 218 hearing does not provide adequate remedy for methodological challenge. 		Administrative Agencies CASC May 31, 2019
Southern Cal. Gas Leak Cases
Plaintiffs' negligence claims for lost earnings stemming from massive gas leak rejected; purely economic losses suffered from mere proximity to industrial accident create intractable line-drawing problems for courts. 		Torts CASC May 31, 2019
Amended Opinion: Sierra Club v. USFWS
U.S. Department of Fish and Wildlife Services and the National Marine Fisheries Service's April 2014 draft jeopardy opinion was pre-decisional and deliberative; thus, exempt from Freedom of Information Act. 		Environmental Law 9th May 31, 2019
U.S. v. Graves
Penal Code Section 4573.6 was overbroad and not divisible, so defendant's prior conviction did not qualify as a predicate drug trafficking offense triggering a mandatory term of life imprisonment. 		Criminal Law and Procedure 9th May 31, 2019
In Re Holl
The district court did not clearly err by determining that plaintiff assented to terms on store website which incorporated an arbitration clause; thus writ of mandamus petition was denied. 		Arbitration 9th May 31, 2019
Guan v. Barr
The Board of Immigration Appeals failed to show proper consideration of all factors when denying appellant relief under the Convention Against Torture; thus, the petition is granted. 		Immigration 9th May 31, 2019
Singh v. American Honda Finance Corp.
Despite the Class Action Fairness Act's home state exception to removal applying, appellant's voluntary amendment adding a federal claim cured that jurisdictional defect and circumstances weighed against dismissal and remand. 		Civil Procedure 9th May 31, 2019
Modification: People v. Franks
In order for a Sixth Amendment violation to lie, a defendant must make his intention to maintain his innocence as a defense strategy clear to his counsel. 		Criminal Law and Procedure 3DCA May 31, 2019
Nunez v. Nevell Group, Inc.
Defendant waived its right to compel arbitration by advising trial court in writing that it would not file motion to compel arbitration and by delaying filling of motion and prejudicing plaintiff. 		Arbitration 4DCA/3 May 30, 2019
Jozefowicz v. Allstate Ins. Co.
Plaintiff could not prevail under Section 3309 of California Uniform Commercial Code where insurance company issued check to contractor as plaintiff's representative and contractor transferred check to bank. 		Insurance 4DCA/3 May 30, 2019
Marriage of Miotke
Appellant failed to raise the issue of unconscionability of a premarital agreement at the time of enforcement, and thus she could not raise the issue on appeal. 		Family Law 6DCA May 30, 2019
Lugo v. Corona
The Domestic Violence Prevention Act allows for both criminal and civil protective orders to coexist; thus, the trial court erred in denying plaintiffs domestic violence restraining order request. 		Family Law 2DCA/4 May 30, 2019
People v. Hurtado
The trial court's restitution order had some factual nexus to the damage caused by defendant's conduct; thus, trial court did not abuse its discretion in awarding victim restitution. 		Criminal Law and Procedure 4DCA/1 May 30, 2019
Honcharov v. Barr
Board of Immigration Appeals did not err when it declined to consider petitioner's proposed particular social groups that were raised for the first time on appeal. 		Immigration 9th May 30, 2019
City of Albany v. CH2M Hill
An agreement limiting venue for litigation to a particular county unambiguously prohibits litigation in federal court when there is no federal courthouse located in the designated county. 		Civil Procedure 9th May 30, 2019
Tschida v. Motl
Montana's prohibition against revealing ethics complaints' contents was facially unconstitutional, but former Commissioner of Political Practices was entitled to qualified immunity because reliance on the provision was not objectively unreasonable. 		Constitutional Law 9th May 30, 2019
Hernandez v. Mesa
Order 		USSC May 29, 2019
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