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Modification: People v. Bilbrey
Dismissal for violation of speedy trial right not abuse of discretion where People appeal retrial grant after habeas ruling, but fail to attempt to stay lower court proceedings. 		Criminal Law and Procedure 1DCA/2 Aug. 29, 2018
National Institute of Family and Life Advocates v. Becerra
Order 		9th Aug. 29, 2018
U.S. v. Flores
'Receipt of stolen property' is a distinct aggravated felony independent of 'theft;' thus a California conviction for receipt of stolen property may be deemed categorically an aggravated felony within the aegis of the Immigration and Naturalization Act. 		Immigration 9th Aug. 29, 2018
A Woman's Friend Pregnancy Resource Clinic v. Becerra
Order 		9th Aug. 29, 2018
Livingwell Medical Clinic Inc. v. Becerra
Order 		9th Aug. 29, 2018
People v. Aguayo
Assault with force likely to produce great bodily injury is not a lesser included offense of assault with a deadly weapon because the latter could be applied without producing great bodily injury. 		Criminal Law and Procedure 4DCA/1 Aug. 28, 2018
People v. Reardon
Trial court errs by excluding expert testimony proffered by defendant seeking to demonstrate arresting officers applied excessive force. 		Criminal Law and Procedure 3DCA Aug. 28, 2018
Branches Neighborhood Corp. v. CalAtlantic Group, Inc.
When the Covenants, Conditions and Restrictions of an association require consent to file a claim, public policy requires the court to follow its plain language; thus the arbitrator did not exceed its powers. 		Arbitration 4DCA/3 Aug. 28, 2018
Cobbler Nevada LLC v. Gonzales
Defendant's association with infringing IP address not sufficient to show 'plausibility of entitlement to relief,' where IP address was used by several individuals in shared adult care facility. 		Intellectual Property 9th Aug. 28, 2018
In re Sino Clean Energy
Under Nevada state law, only current board members may file a voluntary petition for Chapter 11 bankruptcy; thus former board members lacked corporate authority when they filed the bankruptcy petition. 		Bankruptcy 9th Aug. 28, 2018
Citizens for Fair REU Rates v. City of Redding
Transfer of funds from utility's revenues to city's general fund not a tax, under California Constitution, where 'no evidence' that increased utility rates imposed on customers were part of fund transfer. 		Government 3DCA Aug. 28, 2018
Kim v. Toyota Motor Corp.
For purposes of helping jury decide 'risk-benefit' strict liability design defect test, evidence of industry custom may be admissible where it is shown to be relevant to at least one element of the test. 		Torts 2DCA/7 Aug. 28, 2018
People v. Gonzales
Penal Code Section 473(b) only precludes reducing forgery to a misdemeanor if the defendant has been convicted of identity theft in connection with forgery; accordingly, the offenses must be related. 		Criminal Law and Procedure 3DCA Aug. 28, 2018
San Franciscans v. City and County of San Francisco
Use of future baseline permissible under CEQA-mandated environmental review, where contextual factors recommend and where agency takes informed, deliberate approach. 		Environmental Law 1DCA/4 Aug. 27, 2018
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 Aug. 27, 2018
People v. Corder
A trial court correctly convicted a defendant who evaded law enforcement in pursuit on a private road, because the rules of the road also apply when a pursuit occurs on a private road. 		Criminal Law and Procedure 3DCA Aug. 27, 2018
People v. Eastman
Sex Offender Registration Act is meant to provide 'standardized, statewide system;' thus, trial court lacks discretion to truncate applicability of registration requirement to within voyeur's probationary period. 		Criminal Law and Procedure 6DCA Aug. 27, 2018
Sander v. State Bar of California
Under the California Public Records Act, the State Bar was not required to create new records by changing the substantive content of an existing record to satisfy a request for information. 		Public Records Act 1DCA/3 Aug. 27, 2018
Williams v. The Pep Boys
A trial court erred in failing to award damages for the costs of providing home health services to decedent where he was cared for at home. 		Torts 1DCA/4 Aug. 27, 2018
Fuentes v. TMCSF, Inc.
A trial court properly denied a motion to compel arbitration, where the moving party was not a signatory to the agreement which contained the arbitration provision at issue. 		Arbitration 4DCA/2 Aug. 27, 2018
Center for Community Action v. City of Moreno Valley
'Clear evidence' that state legislature intended to 'exclusively delegate approval of development agreements to governing bodies,' and to preclude the right of initiative-derived approval. 		Government 4DCA/1 Aug. 27, 2018
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 Aug. 27, 2018
Barrera-Lima v. Sessions
Washington's indecent exposure statute does not require lewd intent as is required under immigration laws; thus, defendant's conviction was not a crime of moral turpitude under 8 U.S.C. Section 1229b(b). 		Immigration 9th Aug. 27, 2018
Modification: People v. Nuno
Required 'nexus element' of deadly weapon probation prohibition lacking in hit-and-run case; defendant was not using car as deadly weapon when fleeing scene of collision. 		Criminal Law and Procedure 4DCA/1 Aug. 27, 2018
People v. Jones
Under the totality of the circumstances, defendant's waiver of a jury trial did not affirmatively show it was knowing, intelligent and voluntary because the court only made a bare two-question inquiry. 		Criminal Law and Procedure 2DCA/7 Aug. 24, 2018
Scott v. McDonald
Where probate court explicitly sets out proper legal standards as basis for its decisions, appellant's challenge that court applied in correct standards fails. 		probate_and_trusts 4DCA/2 Aug. 24, 2018
Conservatorship of Presha
Although Probate Code Section 2620(d) applies to accountings and not to petitions for conservator's fees the probate court's error was harmless because it has the authority to examine billing practices. 		probate_and_trusts 4DCA/2 Aug. 24, 2018
GameStop, Inc. v. Superior Court
District attorney is not 'party' to litigation, and acts in capacity as state officer when bringing enforcement action of Secondhand Dealers Law; thus transfer to neutral county under Code of Civil Procedure Section 394 not warranted. 		Civil Procedure 4DCA/2 Aug. 24, 2018
Marriage of Macilwaine
Under 'extraordinary earner provision' of Family Code, court must consider standard of living 'attainable' based on parent's income; court should not apply general objective standard. 		Family Law 1DCA/2 Aug. 24, 2018
Abbott Laboratories v. S.C. (Rackauckas)
Order 		4DCA/1 Aug. 24, 2018
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