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Padda v. Superior Court (Riverside)
A trial court abused its discretion in denying a petitioner's request for a continuance, where the main expert witness was suddenly unavailable on the eve of trial and was the only expert the plaintiffs/cross-complainants had ready for trial. 		Civil Procedure 4DCA/2 Jul. 10, 2018
U.S. ex rel. Silingo v. Wellpoint
Dismissal of reverse false claim affirmed were appellant fails to defend claim in response to motion to dismiss. 		Health Care 9th Jul. 10, 2018
U.S. v. Obendorf
An "agricultural practice exception" set forth in 50 C.F.R. Section 20.21 (i) (1) applies to unlawful taking, not to unlawful baiting, so it was misapplied by a District Court when it convicted a farmer; but the error was harmless. 		Criminal Law and Procedure 9th Jul. 10, 2018
In re Volkswagen "Clean Diesel" Litigation
No abuse of discretion in certifying class where no irreparable conflict of interest prevents class representatives from representing appellants or prohibits ‘comingling of’ parties in one class. 		Civil Procedure 9th Jul. 10, 2018
Morris v. Ernst & Young
Order 		9th Jul. 10, 2018
People v. Hurlic
Certificate of probable cause not required where defendant who entered no contest plea challenges agreed-upon sentence based on statute that retroactively gives trial court discretion to strike challenged firearm enhancement. 		Criminal Law and Procedure 2DCA/2 Jul. 10, 2018
Close v. Sotheby's
California Resale Royalties Act 'fundamentally reshapes' federal copyright rules and is thus expressly preempted. 		Copyright 9th Jul. 9, 2018
Tamplin v. Muniz
Sixth Amendment violation 'complete' when trial court denies defendant's request to represent himself; such violation not cured by subsequent 'acquiescence' of defendant. 		Prisoners' Rights 9th Jul. 9, 2018
Fisher v. State Personnel Board
Dismissal of administrative law judge not abuse of discretion where substantial evidence shows wrongful conduct was egregious, and such 'ethical lapse[s] antithetical to his role as an administrative law judge' were likely to be repeated. 		Attorneys 3DCA Jul. 9, 2018
Juarez v. Wash Depot Holdings
A trial court properly concluded that a PAGA waiver outlined in an employee handbook was unenforceable as against public policy, where clauses in English and Spanish version conflicted. 		Employment Law 2DCA/6 Jul. 6, 2018
Lopez v. Sony Electronics, Inc.
Trial court erred when it granted summary judgment where a minor claim fell under the toxic exposure statute, which tolls during minority, instead of the six-year statute of limitations provided by the prenatal injury statute. 		Torts 2DCA/8 Jul. 6, 2018
Jameson v. Desta
Policy of not providing court reporter in civil disputes must include exception for in forma pauperis fee waiver recipients. 		Civil Procedure 4DCA/1 Jul. 6, 2018
Modification: People v. Killion
Trial court has jurisdiction to end domestic violence-based probationary period where justice demands, notwithstanding mandatory nature of that probation period at time of sentencing. 		Criminal Law and Procedure 4DCA/2 Jul. 6, 2018
Brown v. Smith
Trial court properly dismissed plaintiffs' challenge to an amendment to California law that eliminated an exemption from mandatory inoculation requirements for school-aged children, given that precedential case law has existed since 1890 authorizing the state to require it. 		Civil Rights 2DCA/8 Jul. 5, 2018
Pacific Gas & Electric Co. v. Superior Court
'Thought-provoking' questions raised by plaintiffs as to utility's practices in wake of devastating wildfire do not in themselves show by clear and convincing standard utility acted with 'malice,' precluding punitive damages. 		Remedies 3DCA Jul. 5, 2018
Young v. Cal. Fish & Game Com.
A trial court did not err when it denied a plaintiff's petition for writ of mandate asking the court to force a government agency to waive an inspection fee of an animal sanctuary. 		Government 4DCA/2 Jul. 5, 2018
Wheeler v. City of Santa Clara
A district court didn't abuse its discretion by rejecting civil rights claims asserted against a city in the death of plaintiff's biological mother, where the plaintiff was unable to demonstrate that he had a close familial relationship, and thus 'didn't have the structure to be protected by the Fourteenth Amendment.' 		Constitutional Law 9th Jul. 5, 2018
In re Volkswagen Litigation
Clean Air Act 'diligent prosecution bar' does not preclude individual citizen's suit where government and citizen are not enforcing same 'standard, limitation, or order;' thus, intervention in government action unavailable. 		Civil Procedure 9th Jul. 5, 2018
In re S.O.
Where juvenile court places minor on probation it may 'impose and require any and all reasonable conditions that it may determine fitting,' including requiring restitution based on uncharged offense. 		Juveniles 2DCA/2 Jul. 3, 2018
In re Marriage of Binette
A trial court didn't violate Family Code Section 217 by not including live testimony during a hearing to set aside a default judgment, where both parties were present at the hearing, and represented by counsel. 		Family Law 4DCA/2 Jul. 3, 2018
In re Yavaughnie Renee Wilkins
Untimely appeals dismissed where Federal Rules of Bankruptcy Procedure Rule 8002 (a), which provides 14-day deadline for filing appeal from bankruptcy court, is mandatory, jurisdictional requirement. 		Bankruptcy BAP Jul. 3, 2018
U.S. v. Sanchez-Gomez
Order 		9th Jul. 3, 2018
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 Jul. 3, 2018
Hassell v. Bird
Order directing interactive website to remove challenged third party reviews from its website reversed and remanded under applicable 47 U.S.C. Section 230. 		Civil Procedure CASC Jul. 3, 2018
Daugherty v. City and Co. of San Francisco
A trial court erred when it granted a petition of writ of mandamus because its conclusions were 'based on errors of law or...not supported by substantial evidence' where notices of disciplinary action were actually timely. 		Government 1DCA/3 Jul. 2, 2018
People v. Bussey
A felony conviction for unlawful taking or driving of a vehicle was conditionally reversed because a 'vehicle code offense must be tried with correct instructions,' but receipt of a stolen vehicle isn't eligible for misdemeanor reduction. 		Criminal Law and Procedure 3DCA Jul. 2, 2018
Williams v. Atria Las Posas
Denial of motion to compel arbitration based on dispositive integration clause in agreement signed before arbitration agreement reversed and remanded where former agreement is not intended as parties’ final, complete agreement. 		Arbitration 2DCA/6 Jul. 2, 2018
People v. Warren
Where intent clear in Prop 47 to 'relieve defendants of the burdens of both felony convictions and felony sentences,' prison time served for reclassified offense cannot be basis for subsequent enhancement based on time served for a felony. 		Criminal Law and Procedure 5DCA Jul. 2, 2018
People v. Olvera
Denial of motion to vacate no contest plea based on ineffective assistance of counsel affirmed where appellant fails to show counsel’s deficient performance. 		Immigration 2DCA/6 Jul. 2, 2018
In re A.R.
A juvenile court didn't abuse its discretion when it committed an 18-year old minor to seven years of confinement where the minor had a 5 year history of commitments to less restrictive programs. 		Juveniles 4DCA/1 Jul. 2, 2018
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