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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Fudge v. City of Laguna Beach
Legislature provided for de novo review of appeals to the Commission under Public Resources Code Section 21080.5, which allows environmental information to be submitted 'in lieu of' an environmental impact report under CEQA. 		Environmental Law 4DCA/3 Feb. 14, 2019
People v. Becerra
Because defendant waived his right to appeal as part of a plea agreement, and the waiver's terms encompassed the judgment and sentencing, his appellate claim concerning custody credits was barred. 		Criminal Law and Procedure 6DCA Feb. 13, 2019
Save Lafayette Trees v. City of Lafayette
Actions challenging "any decision" by a "legislative body" regarding a conditional use permit, or other permit provided by a local zoning ordinance must be filed and served within 90 days of the decision. 		Government 1DCA/3 Feb. 12, 2019
Jackson v. Kaiser Foundation Hospitals
Mandatory relief provision in Code of Civil Procedure Section 473(b) is intended to reach only those dismissals that are 'procedurally equivalent to a default;' thus, mandatory relief unavailable for voluntary dismissal. 		Civil Procedure 1DCA/3 Feb. 12, 2019
Young v. State of Hawaii
Order 		9th Feb. 12, 2019
In re Border Infrastructure Environmental Litigation
IIRIRA authorized DHS's border barrier projects and the court lacks jurisdiction to consider challenges to the DHS Secretary's waiving of various environmental laws with respect to its border barrier projects. 		Environmental Law 9th Feb. 12, 2019
Modification: People v. Landers
Public defender did not violate reciprocal discovery order; under 'Izazaga v. Superior Court' counsel did not reasonably anticipate it was likely he would call witness because he was undertaking minimal defense. 		Attorneys 1DCA/4 Feb. 11, 2019
U.S. v. Soto
18 U.S.C. Section 924(d)(1) provides that firearm or ammunition 'involved in' violation of any other criminal law shall be subject to forfeiture; thus, forfeiture was available. 		Criminal Law and Procedure 9th Feb. 11, 2019
People v. Fuimaono
Under Senate Bill No. 620, a court lacking jurisdiction cannot grant a defendant's resentencing request after a defendant's sentence for a Section 12022.5 enhancement has become final. 		Criminal Law and Procedure 3DCA Feb. 11, 2019
Anderson v. Shiomoto
Person with 'a disorder characterized by lapses of consciousness' may be refused issuance or renewal of driver's license under Vehicle Code Section 12806(c) despite not suffering lapse within three years. 		Administrative Agencies 4DCA/2 Feb. 11, 2019
Marriage of Ciprari
Direct tracing and exhaustion tracing are not the two 'exclusive' methods of tracing under California. Instead, tracing methods may vary depending on the facts in each case. 		Family Law 2DCA/1 Feb. 8, 2019
Modification: People v. The North River Insurance Co.
Penal Code Section 1306(b) entitles Counties, as agents of the State of California, to seek compensation for the costs of returning a defendant like Amanda Sanchez to custody. 		Criminal Law and Procedure 5DCA Feb. 8, 2019
Lulac v. Wheeler
Order 		9th Feb. 8, 2019
U.S. v. Hill
Defendant moving to vacate his sentence in light of Johnson v. U.S. must show alleged misinformation about his ACCA eligibility was demonstrably made the basis for the sentence. 		Criminal Law and Procedure 9th Feb. 8, 2019
Goonewardene v. ADP, LLC
Employee should not be viewed as third party beneficiary who may maintain an action against payroll company for alleged breach of contract between the employer and payroll company regarding payment of wages. 		Contracts 2DCA/4 Feb. 8, 2019
Sunrise Financial, LLC v. Superior Court
After a defendant makes a general appearance they only have 15 days to file their Section 170.6 challenge, because the word 'appearance' in Code of Civil Procedure Section 170.6 means 'general appearance.' 		Civil Procedure 4DCA/1 Feb. 8, 2019
People v. Johnson
Senate Bill 1393 amended Penal Code Sections 667(a) and 1385 to give trial courts discretion, at sentencing, to strike five-year prior serious felony enhancements; thus, matter remanded for resentencing. 		Criminal Law and Procedure 4DCA/1 Feb. 7, 2019
In re M.F.
A court may find that reasonable services were not provided or offered when services were not accessible, delays in providing services occurred or the services were not appropriately tailored to a parent's needs. 		Family Law 4DCA/1 Feb. 7, 2019
Rostack Investments v. Sabella
Securing judgment with bond collateralized by letter of credit instead of cash-collateralized bond that would net interest but tie up cash was reasonable and necessary based on defendant's own financial situation. 		Civil Procedure 2DCA/8 Feb. 7, 2019
The Depot v. Caring for Montanans
Under 29 U.S.C Section 1132(a)(3), a plaintiff may not seek recovery out of a defendant's general assets but must seek to recover specifically identified funds traceable items from a defendant. 		Remedies 9th Feb. 7, 2019
EEOC v. Global Horizons
Under Title VII, fruit growers were joint employers of Thai workers under H-2A guest worker program even in matters relating to housing, meals, and transportation because they possessed ultimate authority over those matters. 		Employment Discrimination 9th Feb. 7, 2019
People v. Landen
School district was a direct victim of defendant's deadly threats and use of poison at elementary school because it incurred substantial costs in protecting student and teachers; thus restitution order affirmed. 		Criminal Law and Procedure 2DCA/6 Feb. 6, 2019
Ward v. Tilly's, Inc.
Requiring an employee to call in two hours before the start of an employees on-call shift to determine whether they are needed to work those shifts triggers Wage order No. 7-2001. 		Labor Law 2DCA/3 Feb. 6, 2019
Marriage of Anka & Yeager
If an attorney intentionally asks numerous questions that disclose confidential information from a custody evaluation report, that attorney can be sanctioned under Family Code Section 3111(f). 		Family Law 2DCA/6 Feb. 6, 2019
Economy v. Sutter East Bay Hospitals
Trial court properly determined that hospital violated plaintiff's statutory and common law right to due process by substantially restricting his medical privileges without notice and a hearing. 		Employment Law 1DCA/4 Feb. 6, 2019
Darab N. v. Olivera
The tender doctrine compels disclosure only in cases in which a patient's own action initiates the exposure, and not when an opposing party seeks to tender a patient's medical issues. 		Evidence 2DCA/1 Feb. 6, 2019
Modification: People v. Marquez
Collection of defendant's DNA sample was unlawful under the Fourth Amendment because DNA not collected as part of routine booking procedure; however, later DNA evidence properly admitted under attenuation doctrine. 		Criminal Law and Procedure 4DCA/3 Feb. 6, 2019
DFS Group, L.P. v. County of San Mateo
In valuing the possessory interests plaintiff acquired under lease to sell merchandise duty-free at airport, County may not include the entire value of, and thereby directly tax, the exclusive concession plaintiff also acquired. 		Tax 1DCA/2 Feb. 5, 2019
People v. Ellis
Penal Code Section 2085.5(a) does not restrict the California Department of Corrections and Rehabilitation from collecting fines from previous convictions of a prisoner, if he is still an inmate in a California prison. 		Criminal Law and Procedure 4DCA/1 Feb. 5, 2019
Symmonds v. Mahoney
A singer's selection of the musicians playing with him advances and assists the performance of the music, and therefore is an act in furtherance of his exercise of the right of free speech. 		Anti-SLAPP 2DCA/1 Feb. 5, 2019
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