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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
McClain v. Sav-On Drugs
'Javor' remedy allowing customers to bring tax suit against retailer for improper imposition of sales tax only available where Board of Equalization has previously determined imposition of tax was, indeed, improper. 		Tax CASC Mar. 5, 2019
Laker v. Bd. of Trustees of the California State University
Universities' internal investigations qualify as official proceedings authorized by law, and statements made during those investigations qualify as protected activity for anti-SLAPP purposes. 		Anti-SLAPP 6DCA Mar. 4, 2019
People v. Alvarez
Gross vehicular manslaughter while intoxicated not a lesser included offense of murder under the elements test or the accusatory pleading test; thus, trial court correctly denied defendant's request to instruct as such. 		Criminal Law and Procedure 4DCA/1 Mar. 4, 2019
People v. Matthews
Despite the trial court erroneously adding a superfluous element to the charged offense in jury instructions, that error does not undermine the conviction's validity. 		Criminal Law and Procedure 2DCA/2 Mar. 4, 2019
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. 4, 2019
People v. Dimacali
Misdemeanor hit-and-run is public offense not susceptible to civil compromise under Penal Code Section 1377. 		Criminal Law and Procedure 4DCA/1 Mar. 4, 2019
In re L.W.
Though substance abuse, alone, not sufficient for dependency jurisdiction, where mother's substance abuse is coupled with instances of reckless conduct such as driving under the influence, dependency jurisdiction not improper. 		Juveniles 2DCA/8 Mar. 4, 2019
Martinez v. O'Hara
Counsel's use of "succubustic" describing a female judicial officer's ruling and suggesting the judicial officer intentionally refused to follow the law in court papers are reportable misconduct. 		Attorneys 4DCA/3 Mar. 4, 2019
Crawford v. A.B. Won Pat Int'l Airport Authority
Guam government's difference in treatment between ancestral landowners whose lands were no longer in use and those whose lands continued to be used passed rational basis scrutiny and served an important purpose. 		Civil Rights 9th Mar. 4, 2019
Rodney v. Filson
Where the record lacks sufficient information to allow conclusive evaluation of whether a petitioner's ineffective assistance of counsel claim is substantial, remand is necessary. 		Criminal Law and Procedure 9th Mar. 4, 2019
Insurance Co. of the State of Pennsylvania v. American Safety Indemnity Co.
Because judgment was secured against the insured 'in an action based upon... property damage,' the judgment creditor plaintiff may 'recover on the judgment' under Insurance Code Section 11580. 		Insurance 2DCA/8 Mar. 4, 2019
Design Built Systems v. Sorokine
Establishing a violation of Internal Revenue Code Section 7434 requires showing a filed information report was willfully fraudulent, rather than merely erroneous. 		statutory_interpretation 1DCA/2 Mar. 1, 2019
People v. Chamizo
Senate Bill 180 not intended to apply to those whose criminal convictions had become final; thus, trial court was without jurisdiction to consider motion for resentencing. 		Criminal Law and Procedure 3DCA Mar. 1, 2019
MDQ, LLC v. Gilbert, Kelly, Crowley & Jennett LLP
Security interests and security agreements in personal property are governed by the UCC, and priority of conflicting interests is determined by timing of filing or perfection. 		statutory_interpretation 2DCA/8 Mar. 1, 2019
Hardie v. Nationstar Mortgage LLC
Under Civil Code Section 2924.12(h), borrower who obtains temporary restraining order is 'prevailing borrower' for purposes of attorney fees but because the attorney fee request was procedurally defective, award was reversed. 		Remedies 5DCA Mar. 1, 2019
People v. Brown
Amount of stolen property purloined from two separate stores should not have been aggregated so as to charge defendant with felonious receipt of stolen property over $950; each transaction was discrete misdemeanor. 		Criminal Law and Procedure 1DCA/4 Mar. 1, 2019
Moorer v. Noble LA Events Inc.
Plaintiff refused to comply with court's order to distribute 25 percent of penalties to be allocated under the Private Attorney General Act of 2004 to all aggrieved employees; thus, dismissal affirmed. 		Labor Law 2DCA/7 Mar. 1, 2019
Kaanaana v. Barrett Business Services
Order 		2DCA/8 Mar. 1, 2019
Hart v. Keenan Properties
Order 		1DCA/5 Mar. 1, 2019
Fazaga v. Walls
Foreign Intelligence Surveillance Act displaces federal common law state secrets privilege; its procedures are to be used when party challenges legality of electronic surveillance. 		Constitutional Law 9th Mar. 1, 2019
People v. Amezcua and Flores
Defendant's decision not to present a defense at the penalty stage of a capital trial is not a denial of the right to counsel or a reliable penalty determination. 		Criminal Law and Procedure CASC Mar. 1, 2019
Sweetwater Union High School Dist. v. Gilbane Bldg. Co.
Anti-SLAPP statute permits consideration of affidavit equivalents such as change of plea forms and the incorporated factual narratives if made under penalty of California's perjury laws and if admissible at trial. 		Anti-SLAPP 4DCA/1 Mar. 1, 2019
Conservatorship of O.B.
Appellate court ruling on sufficiency of evidence supporting trial court's factual findings will look to all supporting evidence and may set aside conflicting evidence. 		Conservatorship 2DCA/6 Feb. 28, 2019
Ryan v. Real Estate of the Pacific
Expert opinion is required in professional malpractice claims except when the negligence is obvious to laymen; thus, realtor's failure to disclose information he knew about neighbor's extensive remodeling plans required no expert. 		Torts 4DCA/1 Feb. 28, 2019
City of Sierra Madre v. SunTrust Mortgage
Authorizing a super-priority lien to secure loan taken by receiver to fund remediation of defendants' property not abuse of discretion; receiver has broad powers under Code of Civil Procedure Section 568. 		Real Property 2DCA/3 Feb. 28, 2019
Los Angeles County Metropolitan etc. 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 Feb. 28, 2019
Jam v. International Finance Corp.
The International Organizations Immunities Act grants international organizations the 'same immunity' from suit 'as foreign governments;' thus, the Foreign Sovereign Immunities Act governed the immunity of respondent. 		Immunity USSC Feb. 28, 2019
Garza v. Idaho
Plea agreement including appeal waivers does not change application of 'Flores-Ortega' rule that, where counsel's deficient performance precludes defendant's desired appeal, prejudice in ineffective assistance claim is presumed. 		Constitutional Law USSC Feb. 28, 2019
Madison v. Alabama
Under Eighth Amendment, court must determine whether prisoner possesses 'rational understanding of why the State wants to execute him' before proceeding with execution. 		Constitutional Law USSC Feb. 28, 2019
Castro v. Tri Marine Fish Co.
A settlement agreement and confirming order do not constitute an arbitral award under the New York Convention and Convention Act simply because they are signed in the presence of an arbitrator. 		Arbitration 9th Feb. 28, 2019
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