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Ibrahim v. Department of Homeland Security
Order 		9th Jan. 3, 2018
Apelt v. Ryan
District court's order granting habeas petition for ineffective counsel over state court's finding of no prejudice vacated where state court's finding is not unreasonable. 		Criminal Law and Procedure 9th Jan. 2, 2018
In re A.L.
Welfare & Institutions Code does not authorize dependency jurisdiction when a parent's mental illness does not endanger a child's physical health and safety, or place them at substantial risk of physical harm. 		Juveniles 2DCA/1 Jan. 2, 2018
Modification: People v. Sandoval
A criminal protective order must be reasonable and narrowly tailored while still protecting the victim. 		Criminal Law and Procedure 4DCA/1 Jan. 2, 2018
U.S. v. Aldana
Convictions for entering U.S. at undesignated points of entry affirmed where undesignated entry means entry at place other than immigration facilities at designated ports of entry. 		Immigration 9th Jan. 2, 2018
Wellington v. Berryhill
Determination of onset disability date made without calling medical advisor properly affirmed where determination is based on adequate medical record and where reasonable medical expert would not disagree. 		Administrative Agencies 9th Jan. 2, 2018
Fleming v. The Charles Schwab Corp.
Securities Litigation Uniform Standards Act bars suits connected to purchase and sale of security, and which involve deception. 		Securities 9th Jan. 2, 2018
Stewart v. San Luis Ambulance Inc.
Order 		9th Jan. 2, 2018
Hernandez v. Chappell
A defendant in a first degree murder trial is prejudiced by ineffective counsel where evidence of mental impairment exists in the record and such impairment is not investigated and presented as a defense. 		Criminal Law and Procedure 9th Jan. 2, 2018
Turtle Island Restoration Network v. United States Department of Commerce
Issuance of special purpose permit authorizing incidental killing of migratory birds through commercial activity reversed where 'compelling justification' does not conform with regulation's plain language or with conservation intent. 		Environmental Law 9th Dec. 29, 2017
In re Terell W. Eutsler
Bankruptcy court does not abuse its discretion where it holds that agreement giving shareholders option to purchase debtors stock is not executory contract. 		Bankruptcy BAP Dec. 29, 2017
People v. Hicks
Upon retrial of a second degree murder charge after conviction for a lesser related offense, a trial court errs if it instructs the retrial jury as to the fact of the previous jury's specific conviction. 		Criminal Law and Procedure 2DCA/5 Dec. 29, 2017
People v. Frierson
State must prove beyond reasonable doubt that petitioner is ineligible for Three Strike Reform Act resentencing. 		Criminal Law and Procedure 2DCA/4 Dec. 29, 2017
Dunlap v. Liberty Natural Products Inc.
The court's error was harmless when it conflated the elements of two ADA claims in a jury instruction and the record showed it was 'more probable than not' the verdict was unaffected. 		Employment Discrimination 9th Dec. 29, 2017
In re Christopher Marino and Valerie Marino
Sanction order affirmed where creditor’s post-discharge contacts to debtor violate discharge injunction. 		Bankruptcy BAP Dec. 28, 2017
Kanno v. Marwit Capital Partners II
Breach of oral contract claim not barred by parol evidence rule where written agreements are not completely integrated and are not inconsistent with or contrary to oral agreement. 		Contracts 4DCA/3 Dec. 28, 2017
In re A Community Voice
The EPA must promulgate a rule when it grants a rulemaking petition, it owes a duty to act, and delay is unreasonable under the six 'TRAC' factors. 		Environmental Law 9th Dec. 28, 2017
Corvus Energy Ltd. v. 1169997 Ontario Ltd.
An indemnity suit against a settling co-defendant is not permissible where the allocation of property damages is governed by the proportionate share approach. 		Torts 9th Dec. 28, 2017
Corral v. Select Portfolio Servicing
Amount of indebtedness does not constitute the 'amount in controversy' for purposes of establishing subject matter jurisdiction in an action seeking to stay foreclosure pending review of a loan modification. 		Civil Procedure 9th Dec. 28, 2017
Breazeale v. Victim Services, Inc.
Appeal of order denying Anti-SLAPP motion in public interest case dismissed for lack of jurisdiction where such orders are not immediately appealable. 		Anti-SLAPP 9th Dec. 28, 2017
Nalder v. United Automobile Insurance Co.
Order 		9th Dec. 28, 2017
State of Hawaii v. Trump
Order preliminarily enjoining portions of Proclamation 9645 affirmed in part where president fails to find that entry of affected nationals would harm United States interests. 		Immigration 9th Dec. 27, 2017
Turley v. Familian Corp.
Circumstantial evidence may sufficiently establish the required 'exposure' element of an asbestos-related injury cause of action. 		Torts 1DCA/2 Dec. 27, 2017
In re C.D.
Penal Code Section 245(c), which prohibits two variants of aggravated assault against a police officer, defines a single offense. 		statutory_interpretation 1DCA/5 Dec. 27, 2017
Los Angeles Conservancy v. City of West Hollywood
'Absolute perfection' is not required in an Environmental Impact Report's analysis involving alternatives to the destruction of a building eligible for listing in the Register of Historical Places. 		Environmental Law 2DCA/1 Dec. 27, 2017
SP Investment Fund I LLC v. Cattell
Failure to properly transfer a limited partnership interest under the Corporations Code does not negate the entire agreement if other benefits besides transfer are contemplated. 		Contracts 2DCA/4 Dec. 26, 2017
Yeh v. Tai
More specific Family Code provision applying equitable principles rather than strict time bar as to actions brought to reclaim community property after one spouse's death trumps general Civil Code statutes of limitation. 		statutory_interpretation 2DCA/5 Dec. 26, 2017
Modification: Lawson v. ZB, N.A.
A prior arbitration agreement does not prevent an employee from bringing a civil enforcement action under the Private Attorneys General Act. 		Employment Law 4DCA/1 Dec. 26, 2017
Cornell v. Berkeley Tennis Club
Plaintiff meets relatively low showing requirements to survive FEHA discriminatory termination summary judgment, where triable issue as to whether proffered non-discriminatory reason was pretextual. 		Employment Discrimination 1DCA/1 Dec. 26, 2017
In re United States
The Federal District Court may not compel the government to disclose privileged documents without first allowing the government to argue the issue. 		Constitutional Law USSC Dec. 26, 2017
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