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Name Category Published
Cooper v. Commissioner of Internal Revenue
Royalties garnered from transferred patent rights are not capital gains under '26 U.S.C. Section 1235(a)' if the patent holder effectively controls the recipient corporation. 		Tax 9th Dec. 18, 2017
Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control Appeals
Eighteen-year-old decoy's in-store identification of clerk who unlawfully sold him beer satisfies rule's face-to-face identification requirement warranting suspension of store's license. 		Administrative Agencies 3DCA Dec. 18, 2017
California-American Water Co. v. Marina Coast Water District
Prevailing parties entitled to contractual attorney fees and costs even though underlying contracts that were basis for fees were declared void. 		Civil Procedure 1DCA/1 Dec. 18, 2017
People v. Richards
Judgment reversed and remanded where court prejudicially errs in failing to instruct jury on lesser included offense. 		Criminal Law and Procedure 2DCA/1 Dec. 18, 2017
Duncan v. Wal-Mart Stores Inc.
Lien against judgment injured employee obtained against third party tortfeasor must include entire amount of workers' compensation insurer paid to employee. 		Workers' Compensation 4DCA/3 Dec. 15, 2017
Modification: People v. Watts
Under 'Davis' a trial court must independently evaluate evidence when hearing a new trial motion. 		Criminal Law and Procedure 2DCA/1 Dec. 15, 2017
People v. Tennard
Defendant with two prior strikes and nonstrike domestic violence conviction receives indeterminate 25-year-to-life term where prior forcible rape conviction requires indeterminate life term. 		Criminal Law and Procedure 4DCA/2 Dec. 15, 2017
Duke v. Superior Court (Klis)
Demurrer erroneously sustained without leave to amend on ousted CEO's conversion claim against members of board of director of company she founded. 		Civil Procedure 5DCA Dec. 15, 2017
Liberty Mutual Fire Ins. v. EZ-FLO Int'l
A state lawsuit filed by 26 insurance companies as subrogees of over 100 homeowners is not a 'mass action' under the Class Action Fairness Act. 		statutory_interpretation 9th Dec. 15, 2017
Modification: Julian v. Glenair Inc.
Agreement to arbitrate PAGA claim not enforceable where respondent enters into agreement before respondent is statutorily authorized to bring claim. 		Arbitration 2DCA/4 Dec. 15, 2017
Hartnett v. San Diego County Office of Education et al.
Education Code Section 45306 does not require that the mandatory investigation of an employee's termination be conducted independent of an evidentiary hearing. 		statutory_interpretation 4DCA/1 Dec. 15, 2017
People v. Stanley
Suppression motion erroneously granted where sheriff's detention of bus passenger fitting description of man suspected of committing lewd act on child was reasonable. 		Criminal Law and Procedure 6DCA Dec. 14, 2017
Pacific Gas and Electric Co. v. Hart High-Voltage etc.
The label 'owner' did not solely determine whether PG&E was a real party in interest with standing to bring a negligence cause of action. 		Utilities 5DCA Dec. 14, 2017
U.S. v. Werle
Sentence enhancement for firearm conviction based on prior convictions for felony harassment affirmed where state statute of conviction requires threatened use of physical force. 		statutory_interpretation 9th Dec. 14, 2017
In re Alexzander C.
Substantial risk of physical harm sufficiently established where parent indicates that drug use is appropriate and parent provides access and opportunity to drug. 		Juveniles 2DCA/8 Dec. 14, 2017
Kirzhner v. Mercedes-Benz USA, LLC
Lemon law restitution provision does not require defendant to cover plaintiff's registration renewal charges as to defective car. 		Consumer Law 4DCA/3 Dec. 14, 2017
Jensen v. U-Haul Co. of California
Injured worker may not be compelled to arbitrate action against U-Haul as nonsignatory to arbitration agreement under theories of third-party beneficiary, agency, or estoppel. 		Arbitration 4DCA/2 Dec. 13, 2017
People v. Race
Criminal protective order properly issued as to defendant's daughter even though he only pleaded no contest to lewd and lascivious acts involving his niece. 		Criminal Law and Procedure 4DCA/2 Dec. 13, 2017
Nat'l Mining Ass'n v. Zinke
An unconstitutional legislative veto embedded in a section of the FLPMA is severable from the withdrawal authority delegated to the Secretary of the Interior in that same subsection. 		Administrative Agencies 9th Dec. 13, 2017
Baxter v. California State Teachers' Retirement System
California State Teachers' Retirement Systems' action seeking to recoup overpayment of retirement benefits not wholly time-barred; thus, it may continue to pursue recovery action. 		Civil Procedure 6DCA Dec. 13, 2017
Havasupai Tribe v. Provencio
Where government approves mine as 'undertaking' under National Historic Preservation Act, it is not new 'undertaking' requiring similar review when stalled mine later seeks to resume active operations. 		Environmental Law 9th Dec. 13, 2017
U.S. v. Gutierrez
Conviction for brandishing firearm during crime of violence valid where predicate offense, carjacking, categorically qualifies as crime of violence. 		Criminal Law and Procedure 9th Dec. 13, 2017
Admiral Ins. Co. v. Superior Court
The plain meaning of a 'prior notice' provision in a business' insurance policy applies even if the policy form was designed for a different industry. 		Insurance 4DCA/1 Dec. 13, 2017
Arazola-Galea v. U.S.
Application for authorization to file second or successive habeas petition based on Supreme Court's 'Mathis' ruling denied where 'Mathis' merely clarified existing rules. 		Criminal Law and Procedure 9th Dec. 13, 2017
Choi v. Sagemark Consulting
Summary judgment in favor of defendants on basis of action's untimeliness affirmed where limitations period commences upon plaintiffs' suspicion of injury. 		Civil Procedure 6DCA Dec. 13, 2017
People v. Rubino
Argument challenging CALCRIM No. 1520 for its alleged failure to instruct on 'specific intent' fails on appeal where the instruction includes specific intent. 		Criminal Law and Procedure 6DCA Dec. 13, 2017
In re A.O.
Where most recent admitted or proved charged against minor not within certain statutory provisions, commitment to state facilities not statutorily permitted. 		Juveniles 2DCA/6 Dec. 13, 2017
Optional Capital Inc. v. Das Corporation et al.
The 'law of the case doctrine' does not apply to a prior decision involving different parties and issues. 		Anti-SLAPP 2DCA/1 Dec. 12, 2017
In re M.L.
Judgment denying minor’s petition to seal public records affirmed where court acts within its discretion in deciding that it cannot grant petition without reviewing records. 		Juveniles 4DCA/2 Dec. 12, 2017
In re Marriage of Kamgar
Husband must pay spouse nearly $2 million for breaching spousal fiduciary duties for recklessly trading community property over what wife allowed. 		Family Law 4DCA/3 Dec. 12, 2017
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