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Marriage of Vaughn
Where debt owed would 'adversely affect the finances of the debtor's spouse' if unpaid, said doubt is nondischargeable under Section 523(a)(15). 		Bankruptcy 2DCA/6 Nov. 29, 2018
People v. Fish
No unfairness exists in requiring a defendant to assume the burden of presenting evidence of the facts on which he relied, provided they are not peculiarly within the government's knowledge or control. 		Criminal Law and Procedure 2DCA/6 Nov. 29, 2018
People v. Morales
The trial court properly denied a last minute motion to substitute counsel when it would require a continuance that would result in psychological harm to a child. 		Criminal Law and Procedure 6DCA Nov. 29, 2018
People v. Superior Court (Ahn)
Physicians lack standing to challenge physician-assisted suicide legislation, where they do not have 'requisite commonality' of interest with patients represented, nor have concrete standing themselves. 		Constitutional Law 4DCA/2 Nov. 29, 2018
Morgan v. Davidson
Under Evidence Code Section 1987(c), respondent was not required to provide the court with appellant's financial condition because appellant failed to comply with the notice to produce financial documents. 		Evidence 4DCA/2 Nov. 29, 2018
San Francisco Baykeeper v. State Lands Commission
The public trust doctrine protects and promotes public uses of trust property, and is only construed with liberality if it benefits all the people of the state, not private parties. 		Environmental Law 1DCA/4 Nov. 29, 2018
Sulyma v. Intel Corp. Investment Policy Committee
'Actual knowledge,' rather than constructive knowledge, must be shown to be had before limitations period runs on ERISA claim. 		Civil Procedure 9th Nov. 29, 2018
Mayall v. USA Water Polo
Under California's 'primary assumption of risk' doctrine, secondary head injuries are not 'inherent in the sport' of water polo; thus liability possible. 		Torts 9th Nov. 29, 2018
U.S. v. Kirkland
A partially assembled homemade bomb is sufficient to be considered a 'destructive device' for conviction purposes when the only missing parts could be readily assembled into the bomb. 		Criminal Law and Procedure 9th Nov. 29, 2018
Modification: People v. Superior Court (Ahn)
Physicians lack standing to challenge physician-assisted suicide legislation, where they do not have 'requisite commonality' of interest with patients represented, nor have concrete standing themselves. 		Constitutional Law 4DCA/2 Nov. 29, 2018
Weyerhaeuser Co. v. United States Fish and Wildlife Serv.
Although under 16 U.S.C. Section 4(b)(2) the Secretary of Interior has the discretion to exclude an area from being designated critical habitat, it does not mean his judgments are not reviewable. 		Civil Procedure USSC Nov. 28, 2018
John Russo Industrial Sheetmetal, Inc. v. City of L.A. Dept. of Airports
Party 'prevails in action' for purposes of California False Claims Act fee provision where it wins on the CFCA claim, notwithstanding fact that it failed to prevail entirely as to other claims in the suit. 		Attorneys 1DCA/5 Nov. 28, 2018
People v. Cisneros-Ramirez
A criminal defendant's knowing, intelligent, and voluntary waiver of a right to appeal contained in a plea agreement validly precludes appellate courts review of a pre-trial motion to suppress. 		Criminal Law and Procedure 4DCA/3 Nov. 28, 2018
Dept. of Alcoholic Beverage Control (ABC) v. ABC Appeals Bd.
The single beverage condition does not apply to beer or malt beverages that are packaged by the manufacturer to be sold as single units and not as part of a six-pack. 		Administrative Agencies 3DCA Nov. 28, 2018
Alliance of Concerned Citizens v. City of San Juan Bautista
An appellate review of a court's findings under Public Resources Code Section 21168.9 is forfeited, if an order is appealable, and an appeal is not taken up. 		Civil Procedure 6DCA Nov. 28, 2018
Modification: People v. Kelly
Proposition 47 modified washout provisions of Penal Code Section 667.5(b); thus, after defendant's felony convictions were reclassified, more than 5 years passed from his latest felony conviction and washout rule applied. 		Criminal Law and Procedure 5DCA Nov. 28, 2018
Amended Opinion: Sali v. Corona Regional Medical Center
District court errs by striking declaration in preliminary stage of a class action, because it may not decline to consider evidence based only on whether or not it would be admissible at trial. 		Labor Law 9th Nov. 28, 2018
U.S. v. Tydingco
A district court's jury instruction requiring a defendant's objective and not a subjective standard in defining 'reckless disregard' amounted to plain error and a miscarriage of justice. 		Criminal Law and Procedure 9th Nov. 28, 2018
Thompson v. Hebdon
State limit on aggregate out-of-state contributions does not target 'actual quid pro quo corruption or its appearance,' thus impermissible under 'Citizens United' and 'McCutcheon;' individual limits OK. 		Constitutional Law 9th Nov. 28, 2018
Wilson v. Rigby
Whether claiming federal or state law homestead exemptions, the value of the exemption is fixed by reference to the date of the filing of the bankruptcy petition. 		Bankruptcy 9th Nov. 28, 2018
U.S. v. Chilaca
Under 18 U.S.C. Section 2252(a)(4)(B), simultaneous possession of child-pornography images, stored in different media and found in the same location, does not create separate 'allowable units of prosecution.' 		Criminal Law and Procedure 9th Nov. 27, 2018
Amended Opinion: U.S. ex rel. Rose v. Stephens Institute
False Claims Act falsity standard from 'Escobar' requires two-condition threshold showing, demonstrating defendant made specific representations and failed to disclose noncompliance in way that made representations 'misleading half-truths.' 		Government 9th Nov. 27, 2018
People v. Rodas
When a formerly incompetent defendant has been restored to competence through medication, evidence of the defendant no longer taking his medication and again exhibiting signs of incompetence calls for a competency hearing. 		Criminal Law and Procedure CASC Nov. 27, 2018
David L. v. Superior Court
Knowledge alone that a sexual partner lives in California and foreseeability of conception is insufficient to satisfy minimum contacts required to exercise specific personal jurisdiction over a non-resident defendant. 		Civil Procedure 4DCA/1 Nov. 27, 2018
Modification: Hart v. Keenan Properties
Foreman's testimony regarding invoices purporting to show defendant supplied asbestos-cement pipes was inadmissible hearsay; wording on invoices were out of court statements offered to prove the truth of the matter asserted. 		Evidence 1DCA/5 Nov. 27, 2018
In re Gil Alberto De Jesus Gomez III
Bankruptcy Code 11 U.S.C Section 522(g) unambiguously states that if a trustee recovers certain property prior to the debtor claiming an exemption, that property cannot be exempted. 		Bankruptcy BAP Nov. 26, 2018
Independent Living Center v. Kent
The Supremacy Clause does not transform a California Civil Code Section 1085 writ of mandamus into a federal claim, and thus does not bar the seeking of attorneys' fees pursuant to a state-law provision. 		Civil Procedure 9th Nov. 26, 2018
People v. Stutelberg
Because a box cutter is not an 'inherently deadly weapon' as a matter of law, inclusion of such language in jury instruction was prejudicial error where defendant merely swung at victim. 		Criminal Law and Procedure 4DCA/1 Nov. 26, 2018
S.Y. v. Superior Court
Abuse of discretion to rely on English fluency when deeming past domestic abuser rebutted presumption that granting him custody would be to child's detriment; but, overall, factors support such a finding. 		Family Law 4DCA/1 Nov. 26, 2018
Rasooly v. City of Oakley
Conflicting statutory language when determining the proper method for service of process cannot be interpreted in manner that creates an unreasonable and unintended result contrary to the legislative intent. 		Real Property 1DCA/5 Nov. 26, 2018
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