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Heckart v. A-1 Self Storage
Where storage provider's agreement to indemnify customer is incidental to principal object of parties' agreement, it is outside scope of insurance regulations. 		Insurance 4DCA/1 Apr. 24, 2018
Moody v. Stewart
Order 		USSC Apr. 23, 2018
Hedwall v. PCMV, LLC
Second amended cross-complaint filed without court leave is properly stricken under Code of Civil Procedure Section 472(a) where section's provision allowing amendment to pleading without leave applies only to original cross-complaint and complaint. 		statutory_interpretation 2DCA/4 Apr. 23, 2018
Monsanto Co. v. Office of Environmental Health Hazard Assessment
A state's reliance on a branch of the World Health Organization's expertise was not an unconstitutional delegation of authority, so pesticide manufacturer's argument was unable to prevent having its pesticide listed under California's Proposition 65. 		Environmental Law 5DCA Apr. 23, 2018
In re R.M.
A teenager who refuses to go to class even after a Sheriff ordered her to do so and was therefore arrested and confined for several days was not in violation of any criminal laws because California's education code provides dealing with truants in a non-punitive manner. 		Juveniles 1DCA/2 Apr. 23, 2018
Amended Opinion: U.S. v. Shimabukuro
'Intermittent' confinement of defendant recalled from supervised release counts as time 'in prison' for purpose of statutory limits on confinement. 		Criminal Law and Procedure 9th Apr. 23, 2018
Chavez v. JPMorgan Chase & Co.
Diversity jurisdiction’s requisite amount in controversy includes relief claimed at time of removal ‘to which plaintiff would be entitled if’ plaintiff prevails. 		Civil Procedure 9th Apr. 23, 2018
Varjabedian v. Emulex
Finding important differences between Rule 10b-5 and Section 14(e) of the Exchange Act, panel parts ways with five circuit courts to determine 14(e) claim need not prove scienter, only negligence. 		Securities 9th Apr. 23, 2018
Amended Opinion: In re Zappos.com
Customers whose personal data was hacked have standing to sue online retailer for creating a risk of impending harm. 		Constitutional Law 9th Apr. 23, 2018
Modification: People v. Chavez
Totality of circumstances demonstrate that pretrial identification was not unduly suggestive, and was in any case reliable based on, e.g., victim's opportunity to clearly see assailant at time of crime. 		Criminal Law and Procedure 4DCA/1 Apr. 23, 2018
In re Christopher John Hamilton and Elizabeth Leigh Tesolin
Bankruptcy court correctly applies Ninth Circuit precedent where precedent is binding and does not contradict SCOTUS precedent. 		Bankruptcy BAP Apr. 20, 2018
California School Boards Association v. State of California
Order 		1DCA/5 Apr. 20, 2018
Upshaw v. Superior Court (Alameda)
A prisoner who sought to be transferred to an adjacent county detention facility by court motion was denied writ because she failed to exhaust her administrative remedies prior to seeking writ relief. 		Criminal Law and Procedure 1DCA/5 Apr. 20, 2018
Amended Opinion: Barnes v. Sea Hawaii Rafting
Court properly has in rem jurisdiction over vessel where it waives jurisdictional challenge by litigating suit for 15 months. 		Maritime Law 9th Apr. 20, 2018
Lederer v. Schneider
Judgment finding action untimely reversed where statute of limitations begins to run once aggrieved party suffered ‘actual injury’ resulting from negligent conduct. 		Civil Procedure 2DCA/4 Apr. 20, 2018
People v. Sanders
Identity theft section not subject to reclassification under Prop 47, though amount taken using stolen identity is less than $950. 		Criminal Law and Procedure 4DCA/1 Apr. 19, 2018
All Green Electric v. Security National Ins. Co.
Summary judgment for insurer affirmed where evidence fails to show that insurer is entitled to coverage under policy. 		Civil Procedure 2DCA/8 Apr. 19, 2018
People v. McDaniels
Not 'Griffin' violation where prosecutor remarks in closing arguments that defendant did not present alibi evidence. 		Criminal Law and Procedure 1DCA/1 Apr. 19, 2018
Shapira v. Lifetech Resources
Judgment finding defense is entitled to fees as prevailing party reversed and remanded where plaintiff's motion to dismiss that was filed 'before' trial's completion should have been granted. 		Civil Procedure 2DCA/4 Apr. 19, 2018
California Sea Urchin Commission v. Bean
Order 		9th Apr. 19, 2018
People v. Investco Management & Development LLC
Attorney fees awarded to party who is successful in action resulting in enforcement of important right affecting public interest affirmed where significant benefit is conferred on general public or large class of persons. 		Civil Procedure 1DCA/4 Apr. 19, 2018
Modification: People v. Franklin
Conviction for premeditated and deliberate murder affirmed where court's erroneous response to jury's inquiry does not prejudice defendant. 		Criminal Law and Procedure 4DCA/1 Apr. 19, 2018
County of Los Angeles v. Los Angeles County Civil Service etc.
Where narrow Penal Code statutes cited by trial court in order do not allow for use of sought materials in administrative hearing, those narrow statutes control, whether or not trial court subsequently expressed intent that materials be used in such a context. 		Criminal Law and Procedure 2DCA/1 Apr. 19, 2018
U.S. v. Microsoft Corp.
Amendment to Stored Communications Act renders moot dispute over extraterritorial reach of U.S. Government via search warrant for electronically stored data. 		statutory_interpretation USSC Apr. 18, 2018
Sessions v. Dimaya
Residual clause in INA defining 'crime of violence' is unconstitutionally vague because it requires look at 'ordinary' rather than instant case, and is unclear on risk threshold. 		Constitutional Law USSC Apr. 18, 2018
Wilson v. Sellers
Federal habeas court should 'look through' unexplained state-court decision and presume that unexplained decision adopted same reasoning as last related state-court decision with relevant rationale where federal court reviews unexplained decision on merits. 		Criminal Law and Procedure USSC Apr. 18, 2018
Riske v. Superior Court
Evidence Section 1045(b)(1)'s disclosure bar applies only to complaints and does not apply broadly to all information related to complaints. 		statutory_interpretation 2DCA/7 Apr. 18, 2018
Tanguilig v. Neiman Marcus Group, Inc.
Trial court did not err by dismissing matter with 5-year bar despite plaintiff's claim that matter was tolled while co-plaintiff was in arbitration. 		Employment Law 1DCA/4 Apr. 18, 2018
The Police Retirement System of St. Louis v. Page
Summary judgment affirmed where Delaware statute of limitations period is only tolled until plaintiff has inquiry notice of harm from defendant’s actions. 		Civil Procedure 6DCA Apr. 18, 2018
Castillo v. Glenair Inc.
Class Action plaintiffs who settled in an earlier wage and hour case against a staffing agency, cannot bring the identical claims against the staffing agency's client where the work was performed because they are barred by res judicata. 		Civil Procedure 2DCA/2 Apr. 18, 2018
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