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People v. Long
Order 		4DCA/2 Aug. 24, 2018
Saint Francis Memorial Hospital v. California Dept. of Public Health
Order 		1DCA/1 Aug. 24, 2018
Nguyen v. Sessions
The BIA wrongly determined that a legal permanent resident (LPR) was ineligible for cancellation of removal based on rule relating to inadmissibility, given the petitioner, as an LPR, couldn't be rendered 'inadmissible.' 		Immigration 9th Aug. 24, 2018
U.S. v. Bankston
U.S. Sentencing Guidelines not subject to void for vagueness challenges. 		Criminal Law and Procedure 9th Aug. 24, 2018
City of Morgan Hill v. Bushey
Local citizens may by initiative invalidate zoning decision, even where such invalidation prevents locality from harmonizing general plan and zoning rules; but some other extant or potential zoning designations must be available. 		Government CASC Aug. 24, 2018
King v. CompPartners, Inc.
When an injury arises out of and in the course of utilization review - a statutorily required part of the workers' compensation claims process - it is compensable under the Workers' Compensation Act. 		Workers' Compensation 4DCA/2 Aug. 24, 2018
Modification: People v. Mora & Rangel
Under the 2010 California Supreme Court case People v. Brady, in the penalty phase of a trial: Victim impact evidence concerning the effect of the murders on the family members is relevant and admissible as a circumstance of the crime. 		Constitutional Law CASC Aug. 24, 2018
Maplebear v. Busick
Partial final arbitration award that speaks to preliminary issue but 'leaves unanswered almost every question' raised in arbitration demand is not an 'award' on which superior court can act. 		Arbitration 1DCA/2 Aug. 23, 2018
People v. Ho
Court did not err in admitting evidence of defendant's drug use and lack of sleep night before fatal car crash; though evidence was not meant to show defendant's impairment at the time of crash, it could demonstrate 'continuous course of conduct' evincing gross negligence. 		Criminal Law and Procedure 1DCA/3 Aug. 23, 2018
Cortese v. Sherwood
A cause of action can still fall within the initial scope of Civil Code Section 1714.10 without regard to whether the word 'conspiracy' appears in the cause of action. 		probate_and_trusts 1DCA/5 Aug. 23, 2018
In re Pangang Group Co., Ltd.
Federal Rule of Criminal Procedure 4(c)(3)(D)'s enumerated list simply gives the government the benefit of a presumption and does not limit the scope of 'by any other means that gives notice.' 		Criminal Law and Procedure 9th Aug. 23, 2018
Sun v. Advanced China Healthcare
Party arguing against contractual forum-selection clause must lift heavy burden; where enforcement does not make trial 'gravely difficult' or contravene 'strong public policy,' and contract was not product of 'fraud or overreaching,' clause should be enforced. 		Civil Procedure 9th Aug. 23, 2018
Lopez v. Sessions
Convictions expunged under California Penal Code Section 1203.4 generally remain sufficient grounds for subsequent removal proceedings. 		Immigration 9th Aug. 23, 2018
U.S. v. Vasquez-Gonzalez
The mens rea requirement for California Penal Code Section 245(a)(1) is a categorical match to 18 U.S.C. Section 16(a) and thus qualifies as a crime of violence. 		Criminal Law and Procedure 9th Aug. 23, 2018
In re D.B.
Juvenile court properly ruled that parents' physical abuse of toddler's older sibling can support ruling deeming toddler dependent. 		Juveniles 4DCA/1 Aug. 22, 2018
Burkes v. Robertson
A lower court properly dismissed an employer's appeal where the employer filed an appeal, but failed to post the bond required by statute. 		Labor Law 1DCA/5 Aug. 22, 2018
People v. Jackson
Where proof cannot demonstrate beyond reasonable doubt that jury relied on legally-correct theory to convict defendant of felony car theft, reversal required. 		Criminal Law and Procedure 1DCA/1 Aug. 22, 2018
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 Aug. 22, 2018
People v. Lopez
Penal Code section 459.5 does not restrict a prosecutor's ability to charge another theft offense when the element of intent upon entering the commercial establishment is absent or in question. 		Criminal Law and Procedure 5DCA Aug. 22, 2018
U.S. v. Schram
Defendant forbidden from entering residence by court's no-contact order cannot claim an objectively-reasonable expectation of privacy therein. 		Constitutional Law 9th Aug. 22, 2018
Kingsbury v. U.S.
Federal Rule of Civil Procedure 58's requirement that a separate document be filed upon entry of judgment applies in proceedings under 28 U.S.C. Section 2255. 		Civil Procedure 9th Aug. 22, 2018
U.S. v. McCarns
Trial court references to local codes, which correspond to federal statutory factors permitting delay of trial's beginning past otherwise mandatory 70-day cutoff, sufficient bases for granting continuances. 		Criminal Law and Procedure 9th Aug. 22, 2018
Chippewa Cree Tribe v. U.S. Dept. of the Interior
The Department of the Interior correctly ruled that the Governing Board of a Tribe violated the American Recovery and Reinvestment Act when it stripped a Chairman of his position on the Committee in retaliation, which violated the robust whistleblower protections of the Act. 		Native American Affairs 9th Aug. 22, 2018
Pease v. Zapf
Application of a term limit provision caps number of terms incumbent may serve but does not preclude candidate from running for third term where redistricting resulted in her serving in two different districts over first two terms. 		statutory_interpretation 4DCA/1 Aug. 21, 2018
Levingston v. Kaiser Foundation Health Plan
Counsel's lack of credibility concerning failure to file an opposition to summary judgment does not make the failure willful and thus court's grant of terminating sanctions was abuse of discretion. 		Civil Procedure 4DCA/2 Aug. 21, 2018
Connor v. First Student Inc.
Some overlap between consumer reporting agency statutes does not render one unconstitutionally vague, where the statutes are 'otherwise unambiguous.' 		Constitutional Law 2DCA/4 Aug. 21, 2018
Tourgeman v. Nelson & Kennard
Under Fair Debt Collection Practices Act, burden of proof to establish defendant's net worth is one Congress intended for the plaintiff to carry. 		Consumer Law 9th Aug. 21, 2018
ABS Entertainment v. CBS Corp.
Remastered sound recordings that do not add or remove any sounds or change the sequences of sounds lack originality and thus, are not eligible for independent copyright protection as a derivative work. 		Copyright 9th Aug. 21, 2018
Mineral County v. Walker River Irrigation Dist.
Order 		9th Aug. 21, 2018
In re J.W.
A lower court correctly ruled that substantial evidence proved minor was adoptable where child with disability thrived in a prospective adoptive home. 		Juveniles 2DCA/6 Aug. 20, 2018
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