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In re Hernandez
A criminal defense counsel's Sixth Amendment obligations include properly advising as to the immigration consequences of a guilty or no contest plea. 		Criminal Law and Procedure 4DCA/3 Mar. 28, 2019
Long v. Forty Niners Football Co.
Plaintiff who voluntarily dismissed his state case just before trial in favor of ultimately unsuccessful federal litigation may not claim equitable tolling to bring a duplicative action in state court. 		Civil Procedure 1DCA/4 Mar. 28, 2019
Modification: Los Angeles County Metropolitan v. Yum Yum Donut Shops
Condemnees showing loss of some goodwill value that cannot be prevented by relocating or other reasonable measures need not mitigate to be entitled to some recovery and a jury trial. 		Eminent Domain 2DCA/1 Mar. 28, 2019
Modification: Deere & Co. v. Allstate Insurance Co.
Higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention paid by plaintiff, had been exhausted; thus, judgment was reversed. 		Insurance 1DCA/4 Mar. 28, 2019
Modification: People v. Huber
When a mix of on-reservation and off-reservation conduct is at issue, California law is not preempted if there are off-reservation effects that necessitate State intervention. 		Native American Affairs 1DCA/4 Mar. 27, 2019
Whyenlee Industries Ltd. v. Super. Ct.
A request to Hong Kong's Central Authority does not need to be made when using an agent to serve a summons on an international party 		International Law 1DCA/4 Mar. 27, 2019
Boling v. Public Employment Relations Board
After Public Employment Relations Board made finding that City violated Meyers-Milias-Brown Act by making policy decision without meeting and conferring with unions, its compensatory remedy effectively invalidated the Initiative; thus, remedy modified. 		Government 4DCA/1 Mar. 27, 2019
Salgado v. Carrows Restaurants Inc.
That arbitration agreement was signed after initial filing of plaintiff's suit does not preclude its enforceability; but reconsideration necessary as to whether plaintiff was represented by counsel when presented with agreement to sign. 		Employment Law 2DCA/6 Mar. 27, 2019
Modification: People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware. 		Criminal Law and Procedure 2DCA/2 Mar. 27, 2019
Modification: Millview County Water Dist. v. State Water Resources Control
Under Water Code Section 1126(b), the Board's formal adoption of its order constituted 'final action' and triggered the running of the statute of limitations; thus, plaintiff's petition was time-barred. 		Water Rights 1DCA/1 Mar. 27, 2019
People v. Castillero
Proposition 57 transfer hearing provisions are retroactive and apply to defendants who received a fitness hearing under former law, but whose sentence was not final when Proposition 57 became effective. 		Criminal Law and Procedure 6DCA Mar. 27, 2019
Marriage of Oliverez
At dissolution of marriage, it is in the trial court's discretion to set a property valuation either at the time of remand or at the date of trial 		Family Law 6DCA Mar. 27, 2019
South of Market Community v. City and County of San Francisco
Environmental impact report was adequate under California Environmental Quality Act because project description clearly identified mixed-use development project at specific, defined location with two options for allocations of office and residential use. 		Environmental Law 1DCA/1 Mar. 27, 2019
In re Charlotte C.
Minor's counsel entitled to receive copy of her client's case file, including any Resource Family Approval Program-related information, upon request pursuant to Welfare and Institutions Code Section 317(f). 		Dependency 4DCA/1 Mar. 27, 2019
Zakk v. Diesel
An amended complaint consistent with a previous complaint's allegations of a specific contract, but omitting allegations of an overarching contract between the parties, was not a sham pleading. 		Civil Procedure 2DCA/4 Mar. 27, 2019
Republic of Sudan v. Harrison
When serving civil process on a foreign state under the Foreign Sovereign Immunities Act, 28 U.S.C. Section 1608(a)(3) requires mailing directly to the foreign minister's office in the foreign state. 		Civil Procedure USSC Mar. 27, 2019
Sturgeon v. Frost
Alaskan-specific statute providing greater freedom for users of national preserves in state prohibits federal regulation except over lands held in title by government. 		Environmental Law USSC Mar. 27, 2019
CA Dept. of Finance v. City of Merced
A party who fails to plead affirmative defenses in its initial answer waives those defenses; thus, the trial court properly declined consideration of the validity of the merits. 		Civil Procedure 3DCA Mar. 26, 2019
James Steinle v. City and County of San Francisco
Negligence claim against City regarding woman shot and killed by undocumented alien with criminal record was barred; policy change of providing information to ICE was discretionary act insulated from liability. 		Immunity 9th Mar. 26, 2019
Bevis v. Terrace View Partners, LP
If no rent control ordinance applies to a property, its owner generally cannot be held civilly liable for charging rent or increasing rent expressly allowed under the parties' lease agreement. 		Real Property 4DCA/1 Mar. 25, 2019
Troiano v. U.S.
District court did not abuse its discretion by correcting defendant's sentence only as to the affected count of his multi-count conviction; decision to unbundle sentencing package lies within court's discretion. 		Criminal Law and Procedure 9th Mar. 25, 2019
Henderson v. United Student Aid Funds
Lenders of student loans may be held vicariously liable for Telephone Consumer Protection Act violations of third party callers; thus, the district court erred in denying summary judgment. 		Business Law 9th Mar. 25, 2019
U.S. v. Jauregui
Defendant's admission that it was 'reasonably foreseeable' that the controlled substance he was transporting may be methamphetamine did not permit the district court to sentence him for conspiracy to import methamphetamine. 		Criminal Law and Procedure 9th Mar. 25, 2019
Nieto v. Fresno Beverage Co.
A delivery driver working exclusively intrastate, but whose deliveries are part of a continuous flow of interstate commerce, qualifies for the Federal Arbitration Act's Section 1 exemption. 		Labor Law 5DCA Mar. 25, 2019
People v. Hargis
Proposition 57 applies to all juveniles whose cases were filed directly in adult court and whose convictions were not final at the time of enactment. 		Juveniles 5DCA Mar. 22, 2019
Paradise Irrigation Dist. v. Commission on State Mandates
Water and Irrigation Districts possess statutory authority to levy fees to pay for any water service improvements; thus, under Government Code Section 17556(d), subvention is not available to Water and Irrigation Districts. 		Water Rights 3DCA Mar. 22, 2019
Herriott v. Herriott
Welfare and Institutions Code Section 15657.03 allows an abused elder to seek exclusion of a party from petitioner's dwelling, but 'dwelling' refers to petitioner's apartment, rather than petitioner's apartment building. 		statutory_interpretation 2DCA/8 Mar. 22, 2019
Retired Oakland Police v. Oakland Police and Fire
Requirement that an officer be assigned to patrol division to receive master police officer-terrorism pay compels the conclusion that MPO pay is not attached to the officer's rank; thus, trial court erred. 		Government 1DCA/4 Mar. 22, 2019
Chemehuevi Indian Tribe v. Newsom
Indian Gaming Regulatory Act permits tribes and states to negotiate duration of compact governing the conduct of tribe's class III gaming activities; thus, termination provision in compact was not void. 		Native American Affairs 9th Mar. 22, 2019
U.S. v. Cooley
The exclusionary rule applies to suppress evidence seized in violation of Section 1302(a)(2) of the Indian Civil Rights Act of 1968, which parallels the Fourth Amendment. 		Native American Affairs 9th Mar. 22, 2019
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