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People v. Medina
Judgment affirmed where trial court properly uses its discretion under Penal Code Section 17(b)(3) to refuse to reduce wobbler offense from felony to misdemeanor. 		Criminal Law and Procedure 2DCA/5 Jun. 4, 2018
U.S. v. Arpaio
Order 		9th Jun. 4, 2018
Heavenly Hana v. Hotel Union & Hotel Industry
A company assumes the unpaid withdrawal liability of its predecessor to a multiemployer pension plan if it was on constructive notice of potential withdrawal liability. 		statutory_interpretation 9th Jun. 4, 2018
Liu v. Sessions
Petition for review denied where petitioner who is sufficiently notified by immigration judge that petitioner must provide evidence to corroborate testimony fails to provide such evidence. 		Immigration 9th Jun. 4, 2018
People v. Case
Restitution fine reduced by amount of requisite direct victim restitution payment pursuant to Government Code former Section 13967(c), which was in effect at time of victim’s crimes. 		Criminal Law and Procedure CASC Jun. 1, 2018
People v. Hardy
Where prosecutor gives 'inherently plausible and reasonable' neutral reasons, supported by the record, for peremptorily dismissing African American jurors in racially-charged case, 'Batson/Wheeler' motion not denied in error. 		Criminal Law and Procedure CASC Jun. 1, 2018
People v. Penunuri
Sufficiency of evidence challenge fails where conspiracy to commit murder conviction supported by overheard statements evincing requisite state of mind. 		Criminal Law and Procedure CASC Jun. 1, 2018
Fahmy v. Jay-Z
Holder of foreign copyright who claims that moral right to prohibit derivative works of copyrighted material entitles him to standing lacks standing where federal law does not recognize right asserted. 		Copyright 9th Jun. 1, 2018
Felarca v. Birgeneau
Summary judgment on qualified immunity grounds should have been granted where campus law enforcement used reasonable means to disperse Occupy Wall Street protest. 		Qualified Immunity 9th Jun. 1, 2018
Gomez-Velazco v. Sessions
Order 		9th Jun. 1, 2018
People v. Brooks
Regardless of whether a defendant was charged with a violent felony in the commission of a burglary, the restitution statute permits restitution for security improvement costs incurred by a victim. such as a burglar alarm. 		Criminal Law and Procedure 1DCA/2 May 31, 2018
People v. Miller
Petition for certificate of rehabilitation and pardon is barred by Penal Code Section 4852.06 if there is interval of time between requisite minimum of five years of California residency and filing of the petition. 		Criminal Law and Procedure 6DCA May 31, 2018
People v. Berg
Voluntary intoxication evidence is inadmissible under Penal Code Section 29.4 because possession of a controlled substance inside a jail facility is a general intent crime. 		Criminal Law and Procedure 6DCA May 31, 2018
People v. Washington
Proposition 47 petitioner meets burden of showing that value of the stolen property does not exceed $950 with affirmative statement that value is less than $950. 		Criminal Law and Procedure 2DCA/8 May 31, 2018
People v. Simms
Where Prop 47 petitioner only waives right to be present at uncontested eligibility hearing, constitutional and statutory rights violated where such contested hearings take place without petitioner. 		Criminal Law and Procedure 1DCA/4 May 31, 2018
Airs Aromatics v. CBL Data Recovery Technologies
A default judgment that exceeds the amount of damages sought in a complaint is void, not just voidable. 		Civil Procedure 4DCA/1 May 31, 2018
Bushansky v. Soon-Shiong
Forum selection clause properly triggered by postfiling consent to forum where postfiling activity may trigger clause. 		Contracts 4DCA/1 May 31, 2018
CalPERS v. Santa Clara Valley Transportation Authority
Declaratory relief not appropriate means for review of administrative determinations; CalPERS board erred in seeking such relief to sanction its interpretation of PEPRA while administrative appeals of that interpretation were pending. 		Administrative Agencies 3DCA May 31, 2018
Alliance for Calif. Business v. State Air Resources Bd.
Plaintiffs who sought to invalidate a state regulation lacked subject matter jurisdiction, where state Air Resources Control Board regulation had been adopted by EPA and become federal law. 		Environmental Law 3DCA May 31, 2018
Shine v. Williams-Sonoma
Sustained demurrer on res judicata grounds affirmed where issue preclusion applies to prior action that was dismissed with prejudice pursuant to settlement agreement. 		Employment Law 2DCA/4 May 31, 2018
In re Daniela G.
Juvenile court can refuse to compel the testimony of children, when the possible due process benefit would not warrant the psychological harm it would cause the child. 		Dependency 1DCA/1 May 31, 2018
Daniel v. National Park Service
Dismissal finding Fair Credit Reporting Act does not waive federal government’s sovereign immunity affirmed where act is ambiguous as to whether it waives such immunity. 		Consumer Law 9th May 31, 2018
Cornejo-Villagrana v. Sessions
Order 		9th May 31, 2018
Rodriguez v. Cruz
Where prisoners hold subjective and objectively reasonable fear of likely retaliation in response to complaints over beatings delivered by correctional officers, failure to seek administrative remedies does not preclude Section 1983 relief. 		Civil Rights 9th May 31, 2018
Modification: In re Aaron J.
Juvenile court properly deems minor ward of court where court is presented with evidence sufficient to make determination under Welfare and Institutions Code Section 241.1. 		Juveniles 1DCA/4 May 31, 2018
Randall v. Ditech Financial, LLC
Complaint that adequately alleges that entity is debt collector that attempted to collect money from plaintiff debtor states viable claim under FDCPA Section 1692f (1). 		Civil Procedure 4DCA/1 May 30, 2018
In re E.P.
Burglary conviction reversed where court improperly finds that commercial establishment’s locker room is not part of establishment for purpose of, instead, finding conviction of shoplifting. 		Juveniles 4DCA/1 May 30, 2018
In re Ruedas
Habeas Corpus petition was denied on the ground that the holding in 'People v. Sanchez was prospective only. 		Criminal Law and Procedure 4DCA/3 May 30, 2018
People v. Soto
Defendant was found to be inelegible for relief under Proposition 47 because defendant was charged with theft from an elder, which is an aggravated form of theft, thus it is an offense that is not covered under Section 490.2. 		Criminal Law and Procedure 4DCA/1 May 30, 2018
Diaz v. Grill Concepts Services, Inc.
Courts lack discretion to waive or reduce waiting time penalties under Labor Code Section 203. 		Labor Law 2DCA/2 May 30, 2018
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