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Nieves v. Bartlett
Plaintiff's First Amendment claim that officers arrested him in retaliation for his speech failed because he initiated physical confrontation with officer; probable cause to arrest defeats retaliation claim. 		Constitutional Law USSC May 29, 2019
Home Depot U. S. A., Inc. v. Jackson
Neither 28 U.S.C. Section 1441(a) nor Section 1453(b) allows a third-party counterclaim defendant to remove a class-action counterclaim from state to federal court. 		Civil Procedure USSC May 29, 2019
Smith v. Berryhill
Social Security Administration Appeals Council's dismissal of claimant's request for review due to untimeliness, after an ALJ hearing on the merits occurred, qualified claimant for judicial review under 42 U.S.C. Section 405(g). 		Government USSC May 29, 2019
Box v. Planned Parenthood of Indiana and Kentucky, Inc.
States have legitimate interest in proper disposal of fetal remains; thus, Indiana's new law that prohibits treating fetal remains as 'infectious waste' and incinerating them alongside surgical byproducts survived rational basis review. 		Constitutional Law USSC May 29, 2019
Modification: People v. Bolding
Prosecution proved that defendant had intent to facilitate criminal activity, through monetary instruments of $5,000 or more in criminally derived funds; thus, tracing commingled proceeds was not required. 		Criminal Law and Procedure 4DCA/3 May 29, 2019
In re B.D.
Family Services Bureau's Welfare and Institutions Code Section 366.26 report violated statutory obligations by omitting evidence material to adoptability and was so inadequate that minor's due process rights were denied. 		Dependency 1DCA/4 May 29, 2019
In re E.P.
Locker rooms of public hockey facility were not objectively identifiable as off-limits to public; thus, prosecution failed to prove that defendant did not commit new crime of shoplifting. 		Criminal Law and Procedure 4DCA/3 May 29, 2019
U.S. v. Smith
Assimilative Crimes Act applies to Indian country by operation of 18 U.S.C. Section 7; thus, defendant's conviction on Indian Reservation affirmed. 		Native American Affairs 9th May 29, 2019
Modification: People v. Berg
Because trial court does 'not have jurisdiction to reopen or retry a case' after 'unqualified affirmance' of prior final judgment, it lacked jurisdiction to vacate its prior order granting habeas corpus petition. 		Criminal Law and Procedure 4DCA/1 May 28, 2019
Timlick v. National Enterprise Systems, Inc.
Trial court erred in dismissing entire putative class action because defendant voluntarily gave special treatment to named plaintiff only, resulting in the elimination of her standing to maintain putative class action. 		Civil Procedure 1DCA/3 May 28, 2019
DiRaffael v. California Army Nat. Guard
Under federal regulations which govern selective retention of National Guard officers, states retain constitutional authority to appoint and terminate appointments of National Guard officers consistent with Second Militia Clause. 		Constitutional Law 2DCA/1 May 28, 2019
Kahan v. City of Richmond
Demurrer was properly sustained because plaintiff's theories were directly contradicted by statutory language authorizing defendant's charging of delinquent garbage fees as a special assessment and a lien on plaintiff's property. 		Government 1DCA/1 May 28, 2019
People v. Craine
Penal Code Section 1001.36 does not apply retroactively to defendants whose cases have progressed past trial, adjudication of guilt, and sentencing. 		Criminal Law and Procedure 5DCA May 28, 2019
Dane-Elec Corp. v. Bodokh
Prevailing party in nonpayment of wages action could not recover attorney fees despite the wage claim's overlap with a breach of contract claim for which fees were also incurred. 		Civil Procedure 4DCA/3 May 28, 2019
People v. Austin
Parole condition restricting defendant from contacting victim was vague as written, particularly in light of a patent ambiguity in underlying case which was never clarified; thus, order reversed. 		Criminal Law and Procedure 4DCA/1 May 28, 2019
People v. Galindo
If parties have already agreed upon a negotiated plea, a defendant must obtain a certificate of probable cause to pursue an appeal challenging a sentence under Senate Bill 1393. 		Criminal Law and Procedure 1DCA/1 May 24, 2019
Sass v. Cohen
Order 		CASC May 24, 2019
In re Webb
Trial courts possess inherent authority to impose reasonable bail conditions related to public safety on felony defendants who are released on monetary bail. 		Criminal Law and Procedure CASC May 24, 2019
People v. Erskine
Evidence of defendant's prior rape and murder convictions were admissible under Evidence Code Section 1108 due to numerous similarities with the highly inflammatory charged crimes. 		Criminal Law and Procedure CASC May 24, 2019
People v. Rivera
Defendant specifically intended murder of police officer to benefit and promote gang where officer led investigation into gang, defendant had personally interacted with officer, and bullet matched firearm used in prior gang shooting. 		Criminal Law and Procedure CASC May 24, 2019
In Re David Mrdutt and Christina Mrdutt
Chapter 13 debtor's direct payments to creditors under the plan were 'payments under the plan' for Section 1328(a) discharge purposes and Section 1329(a) post-confirmation plan modifications. 		Bankruptcy BAP May 23, 2019
Han v. Hallberg
Trust is a 'person' that may associate in a partnership under Uniform Partnership Act; thus, buyout provisions under dentists' partnership agreement not triggered because trust was partner and not dentist, as individual. 		probate_and_trusts 2DCA/8 May 23, 2019
Shalabi v. City of Fontana
If minor has 42 U.S.C. Section 1983 cause of action, statute of limitations begins to run on minor's 18th birthday; thus, trial court erred in finding that plaintiff's complaint was time barred. 		Civil Procedure 4DCA/2 May 23, 2019
Lorenzo Lopez v. Barr
Notice to Appear did not contain time and place of removal proceedings; thus, Notice to Appear was defective and did not stop time under 8 U.S.C. Section 1229(a). 		Immigration 9th May 23, 2019
Board of Trustees Glazing Health v. Chambers
Order 		9th May 23, 2019
People v. Astorga-Lider
Deed of trust was a forgery void ab initio because signing fraudulent home loan scheme victims believed the documents were substantially different and had no intention of encumbering the property. 		Criminal Law and Procedure 4DCA/1 May 23, 2019
B.H v. Manhattan Beach School District
Department of Children and Family Services not 'noneducational public agency' under Education Code Section 56155; thus, providing financial assistance to special needs child did not absolve School District's responsibility for funding. 		Education 2DCA/4 May 22, 2019
Ritzen Group Inc. v. Jackson Masonry Inc.
Order 		USSC May 22, 2019
Nevada Dept. of Wildlife v. Smith
Order 		USSC May 22, 2019
Taulbee v. EJ Distribution Corp.
Trial court properly declined to give proposed negligence per se instruction with respect to defendant's driving into gore point because that particular violation of Vehicle Code Section 21651 did not proximately cause collision. 		Torts 4DCA/3 May 22, 2019
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