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In re United States of America
Order 		9th Dec. 26, 2017
Jane Doe v. Kelly
Injunction requiring border patrol holding station provide mats and blankets to detainees held longer than 12 hours is proper. 		Immigration 9th Dec. 26, 2017
Vortex Marine Construction v. Grimm
Order 		9th Dec. 26, 2017
In re A.F.
Statutory extended family placement preferences under the Indian Child Welfare Act may only be modified by Tribal resolution establishing different preferences. 		Native American Affairs 4DCA/1 Dec. 22, 2017
Boyd v. Freeman
A prior judgment based on the statute of limitations is not 'on the merits' for purposes of barring a claim under the doctrine of res judicata. 		Civil Procedure 2DCA/4 Dec. 22, 2017
People v. The North River Insurance Co. and Bad Boys Bail Bonds
Motion for vacatur filed after 180-day extension of initial appearance period is untimely. 		Criminal Law and Procedure 2DCA/2 Dec. 22, 2017
Modification: City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless. 		Administrative Agencies 3DCA Dec. 22, 2017
In re E.R.
Maternal uncle who was adjudged as having lost 'Indian custodian status' lacks standing to appeal placement decisions as to minors. 		Dependency 1DCA/4 Dec. 22, 2017
Santa Clara Waste Water Co. v. Allied World National Assurance Co.
Writ of attachment proper where insurer shows probable validity of unjust enrichment claim, after insurer covers partial clean-up of explosion at insured's chemical plant. 		Civil Procedure 2DCA/6 Dec. 22, 2017
Vividus LLC v. Express Scripts Inc.
The Federal Arbitration Act does not grant arbitrators the power to compel third parties to produce documents prior to an arbitration hearing. 		Arbitration 9th Dec. 22, 2017
People v. Gallardo
A trial court's determination beyond a jury's findings about a defendant's prior conviction violates the Sixth Amendment. 		Criminal Law and Procedure 2DCA/6 Dec. 22, 2017
T.H. v. Novartis Pharmaceuticals Corporation
Notwithstanding drugmaker no longer made or sold brand-name drug when it allegedly harmed plaintiff who took drug's generic version, foreseeability and other 'Rowland' factors provide basis for possible failure to warn claim against original drugmaker. 		Torts 4DCA/1 Dec. 22, 2017
Department of Finance v. Commission on State Mandates
State-mandated requirements on a local government not expressly imposed by federal regulations are subject to subvention under 'Section 6' 		Administrative Agencies 3DCA Dec. 21, 2017
Creed-21 v. City of Wildomar
After a willful discovery rule violation preceded by a history of abuse, terminating sanctions are justified if less severe sanctions would not produce compliance. 		Civil Procedure 4DCA/2 Dec. 21, 2017
People ex rel. etc. (Alzayat) v. Hebb
Litigation privilege must yield where its application would render a more specific law wholly or significantly inoperable. 		statutory_interpretation 4DCA/2 Dec. 21, 2017
People v. Sanchez
Where procedures to identify active gang members covered by anti-gang injunction are 'neither objective nor particularly reliable,' due process concerns militate on side of defendant charged with violating injunction. 		Criminal Law and Procedure 5DCA Dec. 21, 2017
Modification: City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless. 		Administrative Agencies 3DCA Dec. 21, 2017
City of Anaheim v. Cohen
Department of finance's use of the 2011 dissolution law to deny city's request for funds unconstitutionally impairs private developer's contractual rights . 		Municipal Law 3DCA Dec. 21, 2017
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. 21, 2017
Rossetta v. CitiMortgage, Inc., et al.
A mortgage lender's policy making default a condition for loan modification consideration informs the duty of care analysis under 'Biakanja' 		Torts 3DCA Dec. 20, 2017
People v. Perez
Shooter's validated membership in gang is not sufficient, without more, to establish gang enhancement. 		Criminal Law and Procedure 3DCA Dec. 20, 2017
Benjamin v. B & H Education
A school's student trainees are not 'employees' under the Fair Labor Standards Act if the students are the primary beneficiaries of their work under the factors articulated in 'Glatt.' 		Labor Law 9th Dec. 20, 2017
U.S. v. Wells
Expert testimony providing profile of person likely to commit crime charged, so as to compare profile to defendant's character, is inherently prejudicial, requires reversal of murder conviction. 		Criminal Law and Procedure 9th Dec. 20, 2017
So. CA Gas Leak Cases
A special relationship does not exist absent privity between the parties sufficient to establish a duty of care under 'Biakanja.' 		Torts 2DCA/5 Dec. 19, 2017
Kurwa v. Kislinger
Trial court retains jurisdiction over non-final judgment it rendered, such that plaintiff can pursue claim to final judgment and appeal. 		Civil Procedure 2DCA/5 Dec. 19, 2017
Song v. Sessions
A refugee's past persecution for an imputed political opinion may establish a protected political view for purposes of seeking asylum in the U.S. 		Immigration 9th Dec. 19, 2017
Yuba City Unified School District v. California State Teachers' Retirement System
Statute of limitations barring recovery suits three years after 'discovery' of overpayment suggests inquiry notice is proper standard to apply. 		Administrative Agencies 3DCA Dec. 19, 2017
People v. Ricci
Felony conviction does not disqualify defendant from seeking dismissal of misdemeanor convictions in same case under Penal Code Section 1203.4a. 		Criminal Law and Procedure 1DCA/5 Dec. 18, 2017
People v. Lucero
A trial court is not required to conduct a 'Marsden' hearing to relieve ineffective counsel on its own motion. 		Attorneys 4DCA/2 Dec. 18, 2017
U.S. v. Jones
Denial of motion to vacate, set aside, or correct sentence reversed where Arizona armed robbery is not violent crime under Armed Career Criminal Act’s force and enumerated felonies clause. 		Criminal Law and Procedure 9th Dec. 18, 2017
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