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In re N.G.
Juvenile courts and protective agencies have 'an affirmative and continuing duty to inquire' whether a child is or may be an Indian child if a Section 300 petition is filed. 		Family Law 4DCA/2 Sep. 24, 2018
Tin Cup v. USACE
District court did not err in granting summary judgment to the U.S. Army Corps of Engineers where plaintiff hadn't shown a clear statement from Congress that the 1993 Budget Act enacted a mandatory permanent change in substantive law. 		Environmental Law 9th Sep. 24, 2018
Chacker v. JPMorgan Chase Bank, N.A.
Section 14 in deed of trust permits the lender to add attorney fees incurred to the outstanding amount owed; it does not authorize a separate fee award. 		Contracts 2DCA/5 Sep. 21, 2018
C.J.L.G. v. Sessions
Order 		9th Sep. 21, 2018
U.S. v. Hernandez-Lara
Order 		9th Sep. 21, 2018
Allied Concrete and Supply v. IBT
California Labor Code Section 1720.9 meets the rational basis test and therefore does not violate the Equal Protection Clause of the Fourteenth Amendment 		Labor Law 9th Sep. 21, 2018
Fikre v. FBI
Record reflected that the government's decision to remove Appellant from No Fly List was discretionary and not tied to any change in policy; thus, his claims were not moot. 		Constitutional Law 9th Sep. 21, 2018
Marks v. Crunch San Diego
TCPA's definition of automated dialing system not 'limited to devices with the capacity to call numbers produced by a random number generator, but also includes devices capable of dialing stored numbers automatically,' and which might involve some human interaction. 		statutory_interpretation 9th Sep. 21, 2018
Nationwide Biweekly Administration v. S.C. (People)
Order 		1DCA/1 Sep. 21, 2018
Bottini v. City of San Diego
CEQA applies to certain nonexempt discretionary acts, but 'ministerial' acts are specifically beyond its reach. 		Environmental Law 4DCA/1 Sep. 20, 2018
Hart v. Clear Recon Corp.
Paragraph 9 in standard form deed of trust is not a provision for attorney's fees; it is, instead, a provision that attorney's fees will be added to the secured debt. 		Real Property 2DCA/8 Sep. 20, 2018
In re K.L.
ICWA procedures not triggered where a minor child, whose biological father was Native American, was placed with his presumed father, because said placement was not 'foster care' within statute's meaning. 		Juveniles 3DCA Sep. 20, 2018
Modification: People v. Banda
Pursuant to Health and Safety Code 11361.8(b), in a petition for relief for persons with prior marijuana convictions, the court could consider evidence beyond the record of conviction. 		Evidence 2DCA/7 Sep. 20, 2018
Sanchez v. Sessions
Evidence supporting immigrant's removal may be suppressed where gotten as result of regulatory violation; where such violation is 'egregious,' removal proceedings should be dismissed. 		Immigration 9th Sep. 20, 2018
Cuero v. Kernan
Order 		9th Sep. 20, 2018
People v. Hayes
Allowing defendant to testify in narrative form, after defense counsel suspected defendant was going to commit perjury, and gave reasons for that suspicion, did not deprive her of the right to counsel. 		Criminal Law and Procedure 3DCA Sep. 20, 2018
Harley-Davidson, Inc. v. Franchise Tax Bd.
California had legitimate interest in requiring combined reporting for interstate unitary businesses; no reasonable nondiscriminatory alternatives were provided by Appellants and thus no Commerce Clause violation shown. 		Constitutional Law 4DCA/1 Sep. 19, 2018
Ontiveros v. Constable
Under Corporations Code Section 2000(c), a shareholder can appeal so long as she is aggrieved by the action of the court. 		Corporations 4DCA/1 Sep. 19, 2018
U.S. v. Lawrence
Order 		9th Sep. 19, 2018
U.S. v. Estrada
Wiretap affidavits are sufficient, provided they are reasonably detailed and "speak in case specific language" 		Criminal Law and Procedure 9th Sep. 19, 2018
Freestream Aircraft v. Aero Law Group
'Paccar' rule for personal jurisdiction appropriate where intentional tort was committed within forum state. 		Torts 9th Sep. 19, 2018
Marsh v. J. Alexander's
The Department of Labor foreclosed an employer's ability to abuse the tip credit provision by promulgating a dual jobs regulation and subsequently interpreting that regulation in the 'Guidance.' 		Labor Law 9th Sep. 19, 2018
People v. Cruz-Lopez
A convicted felon currently on formal probation is under 'constructive custody' and thus not a person entitled to the relief available in Penal Code Section 1473.7 		Criminal Law and Procedure 1DCA/1 Sep. 18, 2018
Taylor v. BNRH
Order 		9th Sep. 18, 2018
Nunies v. HIE Holdings
Based on the plain language of the ADA Amendment Act, plaintiff/employee need not present evidence of employer's subjective belief plaintiff had limitation as to major life activity in disability action. 		Disability Discrimination 9th Sep. 18, 2018
People v. Powell
The evidence was insufficient to support an inference of duress; defendant's accomplices were not armed at the crime scene, and defendant was simply 'told' and 'coached' to kill the victim. 		Criminal Law and Procedure CASC Sep. 18, 2018
In re G.C.
The 'unauthorized sentence' rule is an exception to the waiver doctrine not to the jurisdictional requirement of a timely notice of appeal. 		Juveniles 6DCA Sep. 17, 2018
Modification: Serova v. Sony Music Entertainment
Anti-SLAPP motion should have been granted where defendant's representations as to musical content on Michael Jackson posthumous album were of public interest, and of the type that enjoy full First Amendment protection. 		Anti-SLAPP 2DCA/2 Sep. 17, 2018
Modification: Citizens Coalition Los Angeles v. City of Los Angeles
CEQA's Section 21166 applies where City created new subzone, and moved a proposed project into that subzone because the prior environmental documents retained relevance in light of the proposed changes. 		Municipal Law 2DCA/2 Sep. 17, 2018
In re Palmer
Petitioner's Habeas Corpus petition was granted; the Board of Parole Hearings should have given 'great weight' to the statutory youth offender factors at Petitioner's parole hearing. 		Juveniles 1DCA/2 Sep. 17, 2018
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