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Johnson v. Montgomery
District court properly denied habeas petition where enhancement based on non-jury juvenile proceeding does not violate 'clearly established federal law.' 		Criminal Law and Procedure 9th Aug. 16, 2018
Hass v. RhodyCo Productions
Under the primary assumption of risk doctrine defendants have duty to use due care not to increase the risks to a participant over and above those inherent in the sport. 		Torts 1DCA/4 Aug. 15, 2018
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. 15, 2018
Monster Energy Co. v. Schechter
When counsel signs a settlement agreement under the words 'approved as to form and content,' counsel is not liable to the defendant for breach of the confidentiality provision purporting to bind attorney. 		Contracts 4DCA/2 Aug. 15, 2018
People v. Williams
Defendant may be found guilty of resisting arrest, even where officer subsequently uses excessive force to effect the arrest, so long as initial act of resistance occurs first. 		Criminal Law and Procedure 6DCA Aug. 15, 2018
Cal. Dept. of Industrial Relations v. AC Transit
Non-air-conditioned vehicle interiors rightly deemed 'outdoor places of employment' within state regulatory protections. 		Administrative Agencies 1DCA/4 Aug. 15, 2018
Askins v. U.S. Dept. of Homeland Security
A district court erred in dismissing plaintiffs First Amendment claims where the plaintiffs who took pictures at the border were on public property and the government guidelines that apply to members of the media to get prior approval do not necessarily apply to individuals. 		Constitutional Law 9th Aug. 15, 2018
Adamson v. Port of Bellingham
Order 		9th Aug. 15, 2018
Lanuza v. Love
Immigrant entitled to damages under 'Bivens' for a violation of Fifth Amendment right to due process because none of the 'Abbasi' special factors applied to him. 		Constitutional Law 9th Aug. 15, 2018
In re: Erik Samuel De Jong and Daryl Lynn De Jong
'Rule of mandate' does not preclude lower court from reanalyzing issues on remand not addressed on by appellate court. 		Bankruptcy BAP Aug. 14, 2018
People v. McKenzie
When probation is granted and imposition of sentence is suspended, a judgment is not final and new amendments apply retroactively. 		Criminal Law and Procedure 5DCA Aug. 14, 2018
Khoja v. Orexigen Therapeutics
A district court abused its discretion when incorporating by reference certain documents into securities fraud complaint at motion to dismiss stage. 		Securities 9th Aug. 14, 2018
Alliance for the Wild Rockies v. United States Forest Service
In conceiving conservation project in line with prior, general management plan for national forest, Forest Service must 'consider relevant factors and articulate a rational connection between the facts found and the choice made.' 		Environmental Law 9th Aug. 14, 2018
U.S. v. King Mountain Tobacco Co.
Federal excise taxes are categorically distinct from the sort of taxes that are exempt under the General Allotment Act. 		Tax 9th Aug. 14, 2018
People v. Powell
The nature of defendant's brutal beating of the victim, coupled with his motivation for revenge was sufficient evidence to demonstrate a finding of torture-murder. 		Criminal Law and Procedure CASC Aug. 14, 2018
De La Torre v. CashCall, Inc.
That loans over $2,500 'are not subject to a numerical ceiling on the interest rate does not mean that they cannot be found unconscionable.' 		Consumer Law CASC Aug. 14, 2018
Ramirez v. City of Gardena
Governmental immunity properly granted after police chase-related death; agency need not prove total written compliance with established pursuit policy under Vehicle Code Section 17004. 		Immunity 2DCA/1 Aug. 14, 2018
Protect Niles v. City of Fremont
Where substantial evidence supports 'fair argument' proposed project in historical district may have a 'significant effect on the environment,' impact review rightly ordered under CEQA. 		Environmental Law 1DCA/5 Aug. 13, 2018
Property Cal. SCJLW One Corp. v. Leamy
Contracts 1DCA/1 Aug. 13, 2018
Property Cal. SCJLW One Corp. v. Leamy
Consideration is valid where parties compromise disputes or claims in good faith. 		Contracts 1DCA/1 Aug. 13, 2018
Holzhauer v. Rhoades
When a boat owner is functioning as a passenger on a vessel, the duty of care that applies is the same duty of care that is applied to a passenger. 		Maritime Law 9th Aug. 13, 2018
Orlando Vasquez-Valle v. Sessions
BIA erred when it concluded petitioner's conviction under an Oregon statute was a crime involving moral turpitude (CIMT), where underlying offense criminalized broader conduct than general federal CIMT 		Immigration 9th Aug. 13, 2018
Colaco v. Cavotec SA
Where covenants are to be performed at different times, they are generally regarded as independent; one party's failure to perform does not excuse other from performing; rather, party generally must perform and seek damages. 		Contracts 4DCA/3 Aug. 13, 2018
Hawaii v. Trump
Order 		9th Aug. 13, 2018
Modification: B.B. v. County of Los Angeles
Judgment imposing liability on defendant for 'entire' award despite jury's 'comparative fault' allocation vacated in part where Civil Code Section 1431.2 requires liability in proportion to comparative fault. 		Civil Procedure 2DCA/3 Aug. 13, 2018
Modification: People v. Brayton
Attempted theft of less than $950 using a false identity should be considered 'shoplifting' under Prop 47-created provision. 		Criminal Law and Procedure 2DCA/6 Aug. 13, 2018
Johnson v. County of Mendocino
A tax imposed on commercial cannabis businesses is a general tax requiring a majority vote because it would use the revenue from the tax to support County services. 		Tax 1DCA/2 Aug. 10, 2018
Cochrum v. Costa Victoria Healthcare, LLC
A trial court properly granted a judgment notwithstanding the verdict where insufficient evidence was presented showing alleged elder abuse was reckless. 		Torts 4DCA/3 Aug. 10, 2018
Doe v. Claremont McKenna College
Where campus disciplinary hearing depends on witness' credibility, and has potentially severe consequences, accused student entitled to question accuser (possibly indirectly through screen or via videoconference), in presence of fact-finder. 		Administrative Agencies 2DCA/1 Aug. 10, 2018
Knutson v. Foster
Testimony of single witness, even plaintiff, may rightly support noneconomic, emotional distress damages. 		Civil Procedure 4DCA/3 Aug. 10, 2018
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