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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Modification: People v. Baldwin
Section 667.5(b) states the five-year 'washout' rule applies only where the defendant remained free of both the commission of a crime leading to a felony conviction, and prison custody. 		Criminal Law and Procedure 1DCA/5 Jan. 2, 2019
Modification: People v. Thomas
No reasonable suspicion to detain or patsearch defendant based on general physical description of person 'harassing' customers, in area with significant foot traffic, when officers arrived two-and-a-half hours after incident 		Criminal Law and Procedure 3DCA Jan. 2, 2019
Modification: People v. McClinton
No Equal Protection Clause violation where trial court denies petition for immediate release because a Sexually Violent Predator offender is required to wait one year for said petition 		Constitutional Law 4DCA/3 Jan. 2, 2019
Modification: Donohue v. AMN Services, LLC
Defendant's rounding policy complied with California law because it was fair and neutral and did not result in failure to compensate properly for time actually worked; thus, summary judgment proper. 		Labor Law 4DCA/1 Jan. 2, 2019
San Diego Unified School Dist. v. Yee
To determine whether Code of Civil Procedure Section 341.5 applies, a court must look at the 'substance of the action, rather than the form of the pleading or the labels employed.' 		Civil Procedure 4DCA/1 Dec. 31, 2018
In re Thomas
Determination of the retroactive applicability of new laws, for purposes of state habeas petitions, is restricted to state and not federal standards. 		Criminal Law and Procedure 4DCA/2 Dec. 31, 2018
P. v. Meraz
Under state law after 'People v. Sanchez', gang experts are permitted to testify to non-case-specific general background information; thus, gang expert's background testimony did not violate Confrontation Clause. 		Criminal Law and Procedure 2DCA/8 Dec. 31, 2018
People v. Vasquez
A court may not weigh the evidence or evaluate witness credibility when deciding whether substantial evidence supports an instruction on lesser-included offense after counsel requests that an instruction be given. 		Criminal Law and Procedure 2DCA/3 Dec. 31, 2018
Olive v. General Nutrition Centers, Inc.
Under Civil Code Section 3344, if a verdict is not lopsided in either parties' favor, then the trial court has discretion in determining that neither party prevailed for purposes of awarding attorney fees. 		Civil Procedure 2DCA/4 Dec. 31, 2018
Etcheson v. FCA US LLC
For purposes of Code of Civil Procedure Section 998, trial court erred in basing the reduction of attorney fees and costs on party's refusal to accept an unreasonable or invalid settlement offer. 		Civil Procedure 4DCA/1 Dec. 31, 2018
LL Liquor v. State of Montana
Montana did not impair its contractual obligation to liquor store within the meaning of the Contracts Clause because it did not eliminate store's remedy for breach of contract with the state. 		Civil Rights 9th Dec. 31, 2018
In re J.Y.
Parent does not have standing to raise placement issues on appeal where the parent's reunification services have been terminated; thus, orders of juvenile court affirmed. 		Juveniles 3DCA Dec. 28, 2018
In re B.M.
Because a finding that a 'butter knife' is a deadly weapon requires a defendant to use it in a manner that is both capable of causing and is likely to cause great bodily injury, judgment was reversed. 		Juveniles CASC Dec. 28, 2018
People v. Johnson
Under the unusual circumstances presented, the trial court did not err in excluding defendant from the courtroom for the entirety of his capital trial; thus, judgment of death affirmed. 		Criminal Law and Procedure CASC Dec. 28, 2018
Stevens v. Jiffy Lube Int'l
Federal Rule of Civil Procedure 6(a) governs how to calculate the Federal Arbitration Act's three-month filing deadline; thus, appellants were one day late in filing their petition to vacate the arbitral award. 		Arbitration 9th Dec. 28, 2018
Amended Opinion: Cornejo-Villagrana v. Sessions
Petitioner convicted of domestic violence under Arizona law removable where petitioner's offense requires physical injury, and removal statute requires physical force. 		Immigration 9th Dec. 28, 2018
Wadsworth v. U.S.
Order 		9th Dec. 28, 2018
Modacure v. B&B Vehicle Processing, Inc.
Under Vehicle Code Section 22851.1, a plaintiff has a property interest in the disposition of the proceeds from the sale of her/his impounded vehicle that is protected by the due process clause. 		Constitutional Law 1DCA/5 Dec. 27, 2018
Avitia v. Superior Court
Although prosecutor's dismissal of a grand juror violated Penal Code Section 939.5, the error did not have had an adverse effect on the impartiality or independence of the grand jury. 		Criminal Law and Procedure CASC Dec. 27, 2018
Sierra Club v. County of Fresno
Environmental Impact Report was inadequate under the California Environmental Quality Act; health impacts resulting from the adverse air quality impacts must be identified, analyzed and sufficiently discussed. 		Environmental Law CASC Dec. 27, 2018
Drulias v. 1st Century Bancshares, Inc.
Enforcement of forum selection bylaw did not violate California law; Corporations Code Section 2116 does not force California to exercise jurisdiction when another court would be more appropriate to hear the case. 		Civil Procedure 6DCA Dec. 27, 2018
Sonner v. Schwabe North America
A plaintiff need only show a triable issue of material fact to proceed to trial; thus, appellant met her burden for summary judgment by producing expert testimony. 		Consumer Law 9th Dec. 27, 2018
Towers v. Iger
Speculative or conclusory allegations are insufficient to satisfy the demand futility requirement in a shareholder derivative suit; thus, district court's order granting defendants' motion to dismiss affirmed. 		Civil Procedure 9th Dec. 27, 2018
Freedom From Religion Foundation v. Chino Valley Unified School District
Order 		9th Dec. 27, 2018
Howard v. Goldbloom
Arbitration is not proper when a dispute is based on obligations independent and outside the scope of an employment relationship; thus, parties' dispute not subject to arbitration. 		Arbitration 1DCA/4 Dec. 26, 2018
People v. Hamilton
Appellant's convictions under Insurance Code Section 1871.4(a)(1) not supported by substantial evidence because that statute covers California workers' compensation laws, not federal employees of U.S. Postal Service. 		Insurance 4DCA/1 Dec. 26, 2018
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 Dec. 24, 2018
In re A.A.
Probation condition preventing juvenile ward from posting flaunting social media content about his battery offense and subsequent court proceedings is permissible. 		Juveniles 2DCA/6 Dec. 24, 2018
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 Dec. 24, 2018
Carrington v. Starbucks Corp.
An aggrieved employee who brings a representative PAGA action 'may seek penalties not only for the Labor Code violation that affected her, but also for different violations that affected other employees.' 		Labor Law 4DCA/1 Dec. 24, 2018
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