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Name Category Published
Havensight Capital v. Nike
Appeal challenging dismissal of amended complaint dismissed for lack of jurisdiction where appeal is untimely. 		Civil Procedure 9th Jun. 8, 2018
Jensen v. The Home Depot, Inc.
Misjoinder issue may be cured in amended complaint; thus trial court erred in dismissing action for improper joinder without leave to amend. 		Civil Procedure 4DCA/2 Jun. 7, 2018
Mateel Environmental etc. v. Office of Environmental Health
Agency's use of OSHA standard as safe harbor lead standard not improper where decision not 'arbitrary and capricious.' 		Environmental Law 1DCA/2 Jun. 7, 2018
In re Michael R. Mastro
Bankruptcy court may use broad powers to issue consent directive to uncooperative debtor attempting to hide estate funds abroad. 		Bankruptcy BAP Jun. 7, 2018
John Doe v. U.C. Regents
Eleventh Amendment bars Civil Code of Procedure Section 1094.5 petition because petition consitutes state law claim. 		Civil Procedure 9th Jun. 7, 2018
Danny P. v. Catholic Health Initiatives
The Parity Act requires that benefits in a health care plan that provides for both medical and mental health or substance use disorder benefits must not impose more restrictions on the mental benefits than it imposes on the medical benefits. 		Health Care 9th Jun. 7, 2018
Pike v. Hester
Sheriff’s sergeant who conducts nonconsensual dog search of public employee’s office is not entitled to qualified immunity where sergeant violates clearly established right. 		Qualified Immunity 9th Jun. 7, 2018
U.S. v. Figueroa-Beltran
Order 		9th Jun. 7, 2018
Hughes v. Kisela
Order 		9th Jun. 7, 2018
Modification: Strategic Concepts, LLC v. Beverly Hills Unified School Dist.
A trial court erred by instructing a jury that Government Code Section 1090 does not apply to independent contractors. 		Contracts 2DCA/6 Jun. 7, 2018
Nist v. Hall
Good faith purchaser defense protects buyer of storage unit contents at lien sale, though rental agreement may not have complied with statutory standards. 		Contracts 2DCA/6 Jun. 6, 2018
People v. Lee
Restitution for noneconomic damages is available under former Penal Code Section 1202.4(f)(3)(F) where defendant who is not convicted under Section 288 is convicted under Section 288.5 for conduct that violates Section 288. 		Criminal Law and Procedure 1DCA/2 Jun. 6, 2018
People v. Sacrite
Pat search warranted based on 'bulges' in defendant's pocket officer believed could have been weapons. 		Criminal Law and Procedure 6DCA Jun. 6, 2018
Tierney v. Javaid
Plaintiff waives right to challenge late trial proceedings where plaintiff requests and obtains statement of decision after declaration of mistrial on claim that 'deadlocked' jury failed to determine. 		Civil Procedure 1DCA/3 Jun. 6, 2018
People v. Veamatahau
Expert's testimony identifying controlled substances found on defendant upheld against challenged based on 'Sanchez' and new case-specific hearsay rule. 		Criminal Law and Procedure 1DCA/1 Jun. 6, 2018
Rockefeller Technology Inv. v. Changzhou Sinotype Technology Co.
Since a party was never validly served with process, a trial court lacked jurisdiction over the matter, ergo, the resulting judgment is void as violating fundamental due process. 		Civil Procedure 2DCA/3 Jun. 6, 2018
In re R.W.
A juvenile court did not err when it found that a minor was properly charged with a misdemeanor for resisting a peace officer when she was not under investigation or arrest, because the State has an interest in protecting minors. 		Juveniles 4DCA/2 Jun. 6, 2018
People v. Shields
Defendant may not be charged with completed crime of human trafficking of a minor where statute requires target of offense be a minor and, in fact, defendant's target was posing police officer. 		Criminal Law and Procedure 1DCA/4 Jun. 6, 2018
Port Medical Wellness v. Conn. Gen. Life Ins. Co.
Civil actions seeking payment for medical care may be brought by plan participants, not by health care providers, as they are barred by the doctrine of conflict preemption 		Civil Procedure 2DCA/3 Jun. 6, 2018
Gund v. County of Trinity
Plaintiffs who respond to 911 call of uncertain nature at county sheriff's request are engaged in active law enforcement and are entitled to exclusive remedy of workers' compensation. 		statutory_interpretation 3DCA Jun. 6, 2018
Marriage of Spector
Court's reconsideration of its initial order is proper where court's inherent authority to reconsider its own ruling extends to final orders and where reconsideration is limited to evidence related to parties' original motion. 		Family Law 3DCA Jun. 6, 2018
Moldex-Metric v. McKeon Products
When considering whether element of trade dress is 'functional,' court must consider whether possible alternatives provide similar or better functionality before dismissing suit against allegedly-infringing dress. 		Intellectual Property 9th Jun. 6, 2018
Summers v. Superior Court
Judgment reversed where court grants partition without first resolving parties' ownership interests. 		Real Property 1DCA/1 Jun. 5, 2018
People v. Brunton
A duplicative force-likely assault conviction may be vacated because it was merely a different statement which arose from the same offense, for which defendant was also convicted. 		Criminal Law and Procedure 4DCA/1 Jun. 5, 2018
Modification: People v. Vannesse
Consent to potential DUI-scene blood testing makes such evidence admissible, though peace officer advised arrestee that his only choice was to submit to blood test. 		Criminal Law and Procedure 2DCA/6 Jun. 5, 2018
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n
State commission may not enforce public accommodation law against baker refusing gay patrons where such commission acts with 'hostility' toward genuinely-held religious beliefs. 		Constitutional Law USSC Jun. 5, 2018
Hughes v. U.S.
Defendant may seek sentencing reduction under 18 U. S. C. Section 3582(c)(2) where court partly relies on defendant’s Federal Sentencing Guidelines range in imposing sentence or accepting Type-C plea agreement. 		Criminal Law and Procedure USSC Jun. 5, 2018
Koons v. U.S.
Petitioners do not qualify for sentence reductions because their sentences were not 'based on' their lowered Federal Guidelines ranges. Instead, their sentences were 'based on' their mandatory minimums and on their substantial assistance to the Government. 		Criminal Law and Procedure USSC Jun. 5, 2018
Lamar, Archer & Cofrin, LLP v. Appling
Statements as to single asset can constitute statements 'respecting debtor's financial condition,' and thus may need to be documented in writing before a creditor can preclude bankruptcy discharge. 		Bankruptcy USSC Jun. 5, 2018
Azar v. Garza
Claim for injunctive relief vacated as moot, where plaintiff seeking relief voluntarily moots the action. 		Constitutional Law USSC Jun. 5, 2018
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