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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Applied Underwriters v. Lichtenegger
Because Defendants' use of Plaintiff's marks constituted nominative fair use, dismissal was appropriate under Federal Rule of Civil Procedure 12(b)(6). 		Intellectual Property 9th Jan. 16, 2019
Robles v. Domino's Pizza
Americans with Disabilities Act applied to defendant's website and app because the Act mandates that places of public accommodation provide auxiliary aids to make visual materials available to blind individuals. 		Disability Discrimination 9th Jan. 16, 2019
Turner v. Baker
When an amended judgment awards a prisoner credit for time served, it affects 'the number of days a convicted individual will spend in prison,' and therefore constitutes a new judgment. 		Criminal Law and Procedure 9th Jan. 16, 2019
Duffey v. Tender Heart Home Care Agency
Domestic Worker Bill of Rights' provisions governing which domestic workers are covered by its overtime requirement must be liberally construed; thus trial court erred in exclusively applying common law test. 		Labor Law 1DCA/5 Jan. 15, 2019
People v. Hem
When evidence of jury misconduct exists, an inquiry into the misconduct should occur in order to ensure deliberations are proceeding properly and a defendant's right to a fair jury determination is preserved. 		Criminal Law and Procedure 3DCA Jan. 15, 2019
U.S. v. Depue
Failure to object or an uninformed representation to the court is not alone sufficient evidence of waiver. Rather, there must be evidence defendant was aware of the right he is relinquishing. 		Criminal Law and Procedure 9th Jan. 15, 2019
Hernandez v. Chappell
Although failure to present mental health evidence to support a diminished capacity defense was ineffective assistance of counsel, ample evidence of defendant's specific intent to rape and kill supported the jury's verdict. 		Criminal Law and Procedure 9th Jan. 15, 2019
People v. Busane
Court was 'premature' in determining defendant ineligible for presentence conduct credits, based on Penal Code Sections 667.61 and 2933.5. 		Criminal Law and Procedure 2DCA/6 Jan. 15, 2019
Modification: Eith v. Ketelhut
Trial court properly deferred to Homeowners' Association Board's discretionary decision that defendants' operation of vineyard did not violate prohibition against business or commercial activity because it did not affect residential character. 		Real Property 2DCA/6 Jan. 15, 2019
Ricasa v. Office of Administrative Hearings
A personnel exception to the Brown Act's advance notice requirement exists when a governing board in a closed meeting only considers the employment, evaluation of performance, discipline, or dismissal of a public employee. 		Government 4DCA/1 Jan. 15, 2019
Modification: People v. Garcia
Trial court erred in resentencing a defendant from a juvenile de facto life imprisonment conviction without first remanding the case to a juvenile court for a fitness hearing determination. 		Criminal Law and Procedure 2DCA/6 Jan. 14, 2019
People v. Munoz
Vehicular manslaughter not a lesser included offense of murder because it requires the additional element of driving of a vehicle while intoxicated; thus, defendant not entitled to instruction on gross vehicular manslaughter. 		Criminal Law and Procedure 2DCA/1 Jan. 14, 2019
Orange County Water Dist. v. The Arnold Engineering Co.
Where requests for admissions require sophisticated analyses of technical issues, courts are more willing to credit a party's reasonable belief that it would prevail based on expert opinion evidence. 		Civil Procedure 4DCA/1 Jan. 14, 2019
Smyth v. Berman
The general presumption is that a right of first refusal contained in a written lease expires when that leasehold ends and the tenant becomes a 'holdover' tenant; thus, dismissal affirmed. 		Real Property 2DCA/2 Jan. 14, 2019
McCorkle Eastside Neighborhood Group v. City of St. Helena
Cities are not required to have a design review ordinance, so when one does impose such an additional level of review, it is for the city to determine the scope of the review. 		Environmental Law 1DCA/5 Jan. 14, 2019
In re E.T.
Because mother regularly met with children and children had a substantial attachment to her such that termination would cause great harm, parental benefit exception applied to termination of parental rights. 		Dependency 1DCA/3 Jan. 14, 2019
Prout v. Dept. of Transportation
In order to bring an inverse condemnation complaint, a petition for writ of mandate must be filed within four years of a government agency conditioning its approval of grant of an easement. 		Civil Procedure 3DCA Jan. 14, 2019
U.S. v. Hall
Condition of release that parolee only have 'normal familiar relations' when contacting son is unconstitutionally vague. 		Criminal Law and Procedure 9th Jan. 14, 2019
U.S. v. Landeros
Unlawful seizure when police discovered knives after they prolonged traffic stop by commanding passenger to provide identification because they had no reasonable suspicion and passenger's identity is unrelated to mission of stop. 		Criminal Law and Procedure 9th Jan. 14, 2019
Olivier v. Baca
Measures to preserve security and order during disturbances by inmates and lockdowns may require limitation or retraction of the retained constitutional rights of both convicted prisoners and pretrial detainees. 		Constitutional Law 9th Jan. 14, 2019
Modification: Estate of Stockird
Statutory interpretation of the definition of a 'transferee' under the probate code, for purposes of a failed distribution, is not limited to blood relatives. 		probate_and_trusts 1DCA/1 Jan. 14, 2019
Venice Coalition etc. v. City of Los Angeles
Land use decisions that do not require a public officer to exercise independent judgment are deemed to be ministerial and thus do not trigger due process protections. 		Constitutional Law 2DCA/8 Jan. 11, 2019
People v. Lopez
Defense counsel's concession of defendant's guilt during opening statement was not tantamount to guilty plea requiring waiver of his constitutional trial rights; thus, hit and run conviction affirmed. 		Criminal Law and Procedure 2DCA/4 Jan. 11, 2019
U.S. v. Valencia-Mendoza
The statutory maximum sentence for an offense determines whether a conviction constitutes a 'felony,' not the maximum sentence available in the particular case under the sentencing guidelines. 		Criminal Law and Procedure 9th Jan. 11, 2019
Dachauer v. NBTY Inc.
FDCA preempts state law for claims about dietary supplements that differ from FDCA's requirements; thus, because defendants' labels do not claim that their supplements treat or prevent cardiovascular disease, summary judgment was proper. 		Consumer Law 9th Jan. 11, 2019
U.S. v. Lopez
Expert testimony on battered women syndrome is not categorically excludable and may be relevant to a defense of duress as it serves to dispel many of the misconceptions regarding women in abusive relationships. 		Evidence 9th Jan. 11, 2019
Cox v. State of Washington DSHS
Material issues of fact remained as to whether Department of Social and Health Services breached its duty of care when facilitating a social worker-supervised visit where father murdered two young boys. 		Torts 9th Jan. 11, 2019
People v. Pride
Where robber boasts of heist on social media, no Fourth Amendment violation if undercover officer accesses said boast by posing as false 'friend' on the site. 		Criminal Law and Procedure 4DCA/1 Jan. 11, 2019
Mikkelsen v. Hansen
Based upon the broad language used by the Legislature when writing Civil Code Section 1009, Section 1009(b) bars both implied-in-fact dedications and implied-in-law dedications of private noncoastal property. 		statutory_interpretation 5DCA Jan. 11, 2019
People v. Duenas
A court must stay the execution of a restitution fine imposed by Penal Code Section 1202.4, until and unless the People demonstrate that a defendant has the ability to pay the fine. 		Constitutional Law 2DCA/7 Jan. 10, 2019
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