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U.S. v. Kechedzian
District court was obligated to excuse a juror for cause under actual bias when she could not affirmatively state that she would be impartial. 		Criminal Law and Procedure 9th Sep. 5, 2018
Hansen v. Group Health Cooperative
District court's exercise of subject matter jurisdiction was reversed where it dismissed claims state law claims that 'pose important public policy issues under state law.' 		Civil Procedure 9th Sep. 5, 2018
The Board of Trustees of the Glazing Health and Welfare Trust v. Chambers
Nevada Senate Bill 223 was a legitimate exercise of Nevada's traditional state authority and was not preempted by the Employee Retirement Income Security Act. 		Constitutional Law 9th Sep. 5, 2018
Martin v. City of Boise
The Eighth Amendment's prohibition on cruel and unusual punishment bars city from prosecuting individuals criminally for sleeping outside on public property where said individuals have no home or available shelter elsewhere. 		Constitutional Law 9th Sep. 5, 2018
People v. Accredited Surety & Casualty Co.
When defendant voluntarily appears to vacate his forfeiture and exonerate his bond and the matter is continued to the afternoon and defendant fails to appear, his morning appearance is sufficient to exonerate bail. 		Criminal Law and Procedure 1DCA/3 Sep. 4, 2018
In re M.W.
Former caregiver not disqualified as a non-minor dependent's supervised independent living placement simply because she formerly was dependent's foster parent. 		Dependency 4DCA/2 Sep. 4, 2018
Modification: Troester v. Starbucks Corporation
In answering a question posed by the 9th Circuit this Court held that the relevant California statutes and wage orders have not incorporated the 'de minimis' doctrine found in the Fair Labor Standards Act 		Labor Law CASC Sep. 4, 2018
Mack v. All Counties Trustee Services, Inc.
Appellant bears burden of providing adequate record on appeal demonstrating error; where sparse record below and in appellate briefing fails to do so, court must resolve issue against appellant. 		Civil Procedure 2DCA/1 Sep. 4, 2018
U.S. v. Raygoza-Garcia
Reviewing court must give 'due weight' to border patrol agents' inferences when considering whether agents possessed reasonable suspicion to stop vehicle. 		Criminal Law and Procedure 9th Sep. 4, 2018
People v. Tapia
Counsel's assistance was not ineffective where trial court and counsel both made advisements to defendant about the immigration consequences of his plea and defendant stated he understood. 		Criminal Law and Procedure California Courts of Appeal Sep. 4, 2018
People v. Macias
A trial court properly found that a defendant was not entitled to a jury instruction of a lesser included offense where it was inconsistent with the primary function of the accusatory pleading test, under U.S. Supreme Court precedent in 'People v. Montoya.' 		Criminal Law and Procedure 1DCA/1 Sep. 4, 2018
Lucero v. Holland
The introduction of a written gang memo at trial by a co-defendant was not ruled a violation of the Sixth Amendment's Confrontation Clause, since it was not created for the primary purpose of proving anything at trial and was not 'testimonial.' 		Constitutional Law 9th Sep. 4, 2018
McCray v. Marriot Hotel Services
Section 301 of the Labor Management Relations Act did not preempt plaintiff's claim; it arose out of a local ordinance and the court did not need to interpret the collective-bargaining agreement. 		Labor Law 9th Sep. 4, 2018
Environmental Law Foundation v. State Water Resources Control Bd.
The public trust doctrine applies to the extraction of groundwater that adversely impacts a navigable waterway. 		Environmental Law 3DCA Aug. 31, 2018
Diaz-Jimenez v. Sessions
To be grounds for removal based on 8 U.S.C. Section 1182(a)(6)(C)(ii)(I), a 'false representation for a purpose or benefit' under 8 U.S.C. section 1324 must be based on such a representation made on a Form I-9 seeking private employment. 		Immigration 9th Aug. 31, 2018
Montana Environmental Information Center v. Thomas
EPA's approval of state implementation plan not arbitrary or capricious where agency's interpretation of ambiguous language is reasonable. 		Environmental Law 9th Aug. 31, 2018
Sheppard, Mullin etc. v. J-M Manufacturing Co., Inc.
'Informed consent' of simultaneous dual representation can be effected only where firm discloses 'all material facts' that are known and can be revealed; more general conflicts waiver at issue was inadequate. Nonetheless quantum meruit recovery 'not categorically barred.' 		Attorneys CASC Aug. 31, 2018
People v. Rodriguez
Prosecutor asserting facts not in evidence to bolster witness credibility during closing arguments commits reversible error. 		Criminal Law and Procedure 5DCA Aug. 31, 2018
In re C.B.
The DNA Act does not permit expungement of juveniles' DNA profile merely because a charge was subsequently reduced to a misdemeanor under Proposition 47. 		Juveniles CASC Aug. 31, 2018
Hunsaker v. U.S.
Sovereign immunity does not preclude an award of emotional distress damages against the United States for willful violation of an automatic stay under Bankruptcy Code. 		Bankruptcy 9th Aug. 31, 2018
Estate of O'Connor
A donee's exercise of a power of appointment must contain enough detail that it reasonable to conclude he or she made an intentional and deliberate, not inadvertent, exercise of that power. 		probate_and_trusts 4DCA/1 Aug. 31, 2018
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 Aug. 30, 2018
Martinez v. Landry's Restaurants, Inc.
It is not 'impracticable' to pursue discovery during the time in which a case is remanded to state court after removal until the time that order is affirmed by the Court of Appeal. 		Civil Procedure 2DCA/7 Aug. 30, 2018
Coyne v. De Leo
A tenant who believes the landlord's invocation of the Ellis Act is phony may controvert the landlord's statement of intent by producing evidence of an alleged sham purchase contract and deed of trust. 		Evidence 1DCA/5 Aug. 30, 2018
People v. Martin
Prop 47 can 'only stretch so far before it will unravel;' does not provide relief to defendant seeking recall of felony conviction for conspiracy to commit petty theft. 		Criminal Law and Procedure 2DCA/6 Aug. 30, 2018
G&G Productions v. Rusic
Under California Civil Procedure Code Section 361, Appellant's cause of action was time-barred in California because it would have been time barred in Italy. 		Civil Procedure 9th Aug. 30, 2018
EEOC v. BNSF
Requiring job applicant to obtain and provide MRI examination as condition of employment violates Americans with Disabilities Act by discriminating on basis of perceived disability. 		Disability Discrimination 9th Aug. 30, 2018
Atenia Lorenzo v. Sessions
The California definition of methamphetamine is broader than the federal definition; thus Appellant's conviction do not qualify as grounds for removal. 		Immigration 9th Aug. 30, 2018
Quiroz Parada v. Sessions
Government fails to rebut presumption of asylum applicant's well-founded fear of future persecution where court relies on out-of-date country condition reports, and political party that perpetrated the persecution has assumed power. 		Immigration 9th Aug. 30, 2018
In re: Caesars Entertainment Operating Company Inc.
Order remanding removed action back to state court based on lack of subject matter jurisdiction not reviewable on appeal, per 28 U.S.C. Section 1447(d). 		Bankruptcy BAP Aug. 29, 2018
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