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Name Category Published
Hyatt v. Yee
Tax Injunction Act prevents district court from enjoining ongoing state tax proceedings where California law’s ‘pay-then-protest’ process continues to provide taxpayer with sufficient remedy. 		Tax 9th Sep. 27, 2017
U.S. v. Jayavarman
Defendant who believes filmed subject is minor may be convicted on child pornography importation statute, even where subject is adult 		Criminal Law and Procedure 9th Sep. 27, 2017
People v. Sawyers
Three Strikes Law sentence improper where information failed to give notice defendant was subject to Three Strikes sentence. 		Criminal Law and Procedure 2DCA/3 Sep. 27, 2017
Otay Land Co. LLC v. U.E. Limited L.P.
Property owners may seek indemnity from former owners for cleanup costs to property formerly operated as shooting range under Carpenter-Presley-Tanner Hazardous Substances Account Act. 		Environmental Law 4DCA/1 Sep. 27, 2017
People v. Martinez
Order imposing penalty assessments to fees reversed where crime-lab fee and drug program fee are not subject to penalty assessments. 		Criminal Law and Procedure 4DCA/3 Sep. 26, 2017
Mission Beverage Co. v. Pabst Brewing Co. LLC
Beer brewer unsuccessful in striking complaint under anti-SLAPP statute, where cancellation of distributorship contract is not protected activity and distributor makes out prima facie case of breach. 		Anti-SLAPP 2DCA/2 Sep. 26, 2017
Howard v. City of Coos Bay
Subsequent claim based on new facts not barred where claim preclusion is inapplicable to claims that arise after operative complaint is filed. 		Civil Procedure 9th Sep. 26, 2017
Medina v. South Coast Car Co. Inc.
In dispute over used car sale, defendants unsuccessful in challenging award of attorney fees to plaintiff following settlement agreement allowing such an award. 		Contracts 4DCA/1 Sep. 26, 2017
Vallejo Police Officers Assoc. v. City of Vallejo
Police union unsuccessful in obtaining relief in benefits dispute with city, where its members have no vested rights in asserted benefits under labor contract. 		Contracts 1DCA/2 Sep. 25, 2017
Lynn v. George
‘Potential’ attorney-client relationship with ‘alleged’ partnership is insufficient to disqualify attorney as counsel. 		Attorneys 4DCA/3 Sep. 25, 2017
People v. Trujillo
Defendant unsuccessful in challenging electronic-search probation condition following convictions for attempted robbery and assault. 		Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
Modification: Save Laurel Way v. City of Redwood City (Laurel Way Joint Venture)
City’s approval of permits erroneously set aside under Subdivision Map Act where Act neither prohibits development permit approvals nor apply to certification of environmental studies. 		Real Property 1DCA/1 Sep. 25, 2017
Modification: Direct Capital Corporation v. Brooks
Wife’s computer purchases for her law office are properly deemed ‘necessaries of life’ under Family Code, may be treated as community obligation. 		Family Law 3DCA Sep. 25, 2017
Modification: People v. Brooks
Probation term that gave probation officer authority to direct probationer’s participation in any program constitutes improper delegation of judicial authority, but warrants only modification. 		Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
Estate of Lopez v. Gelhaus
In excessive force case stemming from fatal shooting of boy with toy gun, summary judgment properly denied on deputy’s defense of qualified immunity. 		Civil Rights 9th Sep. 25, 2017
Ramirez v. Superior Court
Probable cause hearing prerequisite to ‘retaking’ under Interstate Compact for Adult Offender Supervision where transferring state’s ‘retaking’ may result in ‘revocation of supervision.’ 		Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
Upper Skagit Indian Tribe v. Suquamish Indian Tribe (Jamestown S’Klallam Tribe)
In dispute over treaty fishing rights, Indian tribe properly granted summary judgment in its action challenging scope of another tribe’s rights in contested waters. 		Native American Affairs 9th Sep. 25, 2017
Frlekin v. Apple
Order 		CASC Sep. 22, 2017
C.V., a Minor
Risk to infant stemming from unloaded gun in home insufficient to support juvenile court’s jurisdiction. 		Dependency 2DCA/1 Sep. 22, 2017
Chavez-Garcia v. Sessions
Departure alone does not waive right to appeal removal proceedings where immigration judge fails to inform petitioner that departure waives right to appeal. 		Immigration 9th Sep. 22, 2017
N.R., a Minor
Juvenile court properly lifted deferred entry of judgment and refused to seal records based on delinquent’s decision to abandon his education. 		Juveniles 2DCA/6 Sep. 22, 2017
F.E.V. v. City of Anaheim
Ninth Circuit’s en banc opinion is ‘rare circumstance’ that prevents final judgment from having preclusive effect on subsequent suit between same parties. 		Civil Procedure 4DCA/3 Sep. 21, 2017
Amended Opinion: Popa v. Berryhill
Applicant for supplemental security income benefits successful in reversing denial of benefits, where administrative law judge improperly discounts medical professionals’ opinions. 		Administrative Agencies 9th Sep. 21, 2017
Pesticide Action Network North America v. California Dept. of Pesticide Regulation (Valent U.S.A. Corp.)
California Department of Pesticide Regulation’s failure to comply with CEQA’s substantive requirements in approving amended labels for pesticides requires rescission of approval. 		Environmental Law 1DCA/3 Sep. 21, 2017
Salyers v. Metropolitan Life Insurance Co.
Widow entitled to higher dependent life insurance coverage she had been paying where insurer and agent’s actions constituted waiver of evidence of insurability requirement. 		Insurance 9th Sep. 21, 2017
Roybal v. Toppenish School District
Employee receives federal due process where employer gives employee notice and gives employee opportunity to be heard before depriving employee of protected interest. 		Civil Rights 9th Sep. 21, 2017
People v. Bona
Mentally disordered offender fails to overturn commitment based on counsel’s alleged failure to challenge trial court’s repeated continuances of hearing on petition challenging determination. 		Criminal Law and Procedure 2DCA/6 Sep. 21, 2017
Browning v. Baker
Defendant convicted of 1985 robbery and murder succeeds in obtaining habeas relief due to evidentiary violations under ‘Brady.’ 		Criminal Law and Procedure 9th Sep. 21, 2017
Joaquin C., a Minor
Mother’s mental illness insufficient to support juvenile court’s jurisdiction over child where there was insufficient evidence to show she failed to adequately protect him. 		Dependency 2DCA/7 Sep. 21, 2017
San Bruno Committee for Economic Justice v. City of San Bruno
City resolution stating sale price of property for private use is not subject to referendum where resolution is not legislative act. 		Municipal Law 1DCA/1 Sep. 21, 2017
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