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Name Category Published
Respect Life South San Francisco v. City of South San Francisco (Planned Parenthood Mar Monte Inc.)
Group’s strong opposition against anticipated tenant insufficient to overturn city’s determination that proposed project falls within CEQA exemptions. 		Environmental Law 1DCA/1 Sep. 20, 2017
American Beverage Association v. City and County of San Francisco
At preliminary injunction stage, San Francisco should have been enjoined from implementing sugar-sweetened beverage advertisement ordinance on free speech grounds. 		Constitutional Law 9th Sep. 20, 2017
Sharp v. County of Orange
In case asserting constitutional violations stemming from execution of arrest warrant gone wrong, sheriff’s deputies successful in asserting immunity on several claims. 		Immunity 9th Sep. 20, 2017
Mahoney v. City of Seattle
Police department’s Use of Force Policy does not violate Second Amendment where there is ‘reasonable fit between policy’ and important government interest. 		Constitutional Law 9th Sep. 20, 2017
Sharp Image Gaming Inc. v. Shingle Springs Band of Miwok Indians
Indian Gaming Regulatory Act completely preempts Indian gaming field and applies to management contracts and collateral agreements. 		Native American Affairs 3DCA Sep. 19, 2017
In re Barber
Sheriff cannot place former probationer in custody based on ‘IRC Want’ after probation had already expired because there is no remaining sentence to serve. 		Criminal Law and Procedure 2DCA/3 Sep. 18, 2017
U.S. v. Gorman
Order 		Administrative Agencies 9th Sep. 18, 2017
In re C.M.
Conditional removal order reversed due to failure to comply with dependency statutory scheme guaranteeing due process to mother. 		Dependency 4DCA/1 Sep. 18, 2017
Association des Éleveurs de Canards et d’Oies du Québec v. Becerra
California’s sales ban on foie gras produced under inhumane practices not preempted by Poultry Products Inspection Act although it effectively banned all foie gras. 		Civil Procedure 9th Sep. 18, 2017
Woodward v. City of Tucson
Police officers involved in fatal shooting successful in reversing denial of qualified immunity in case alleging Fourth Amendment violations. 		Immunity 9th Sep. 18, 2017
Lambert v. Nutraceutical Corp.
Federal Rule of Civil Procedure petition to appeal court’s decertification order timely filed where rule is non –jurisdictional and thereby subject to equitable tolling. 		Civil Procedure 9th Sep. 18, 2017
U.S. v. Martinez
Sentence enhancement erroneously imposed under Section 2L1.2(b)(2)(B) of Sentencing Guidelines where felony sentence of more than two years occurred after defendant’s first deportation. 		Criminal Law and Procedure 9th Sep. 18, 2017
In re Madison S.
Father unsuccessful in challenging juvenile court’s finding that he inflicted serious physical abuse on one-month-old son and the denial of reunification services. 		Dependency 1DCA/4 Sep. 15, 2017
Plantier v. Ramona Municipal Water District
Order 		4DCA/1 Sep. 15, 2017
City and County of San Francisco v. Regents of the University of California
Order 		1DCA/1 Sep. 15, 2017
Amended Opinion: Trevizo v. Berryhill
Administrative law judge erroneously denies disability claimant’s application for benefits by giving ‘little credit’ to treating physician’s uncontradicted medical opinion without providing specific, legitimate reasons. 		Administrative Agencies 9th Sep. 15, 2017
In re J.T. Thorpe Inc.
Attorney successful in challenging enforcement of stipulation barring him from submitting claims to asbestos trusts due to issues left unresolved by district court. 		Bankruptcy 9th Sep. 15, 2017
McProud v. CWS Enterprises Inc. (In re CWS Enterprises Inc.)
Debtor liable for contingency fees as originally determined by arbitrator after bankruptcy court improperly reduced those fees under Bankruptcy Code Section 502(b)(4). 		Bankruptcy 9th Sep. 15, 2017
Cornejo-Villagrana v. Sessions
Petitioner convicted of domestic violence under Arizona law removable where petitioner’s offense requires physical injury, and removal statute requires physical force. 		Immigration 9th Sep. 15, 2017
Diego v. City of Los Angeles
City successfully overturns adverse jury verdict, where police officers’ claims of discrimination due to their Hispanic race were based on flawed legal theory. 		Employment Discrimination 2DCA/1 Sep. 15, 2017
Dent v. Wolf
Elderly woman’s paternity action seeking to establish relationship with deceased putative father erroneously dismissed on standing and justiciability grounds. 		Family Law 2DCA/8 Sep. 14, 2017
Miller v. Fortune Commercial Corp.
Autistic man with dog who was denied entry to store unsuccessful in challenging adverse ruling, where dog does not qualify as service animal. 		Disability Discrimination 2DCA/1 Sep. 14, 2017
R.E.B. v. State of Hawaii Dept. of Education
Autistic student successfully challenges proposed Individualized Educational Plan based on violations of Individuals with Disabilities Education Act. 		Education 9th Sep. 14, 2017
Cain v. Chappell
Habeas relief properly denied where petitioner received constitutionally adequate notice of attempted rape special circumstances in amended information. 		Criminal Law and Procedure 9th Sep. 14, 2017
U.S. v. Spatig
Refusal to allow evidence of defendant’s diminished capacity does not warrant reversal where violation of Resource Conservation and Recovery Act is general intent crime. 		Criminal Law and Procedure 9th Sep. 14, 2017
City of Fontana v. California Dept. of Tax and Fee Administration
Administrative board’s decision stands where substantial evidence supports board’s conclusion, and 'reasonable administrators' could have reached same decision. 		Administrative Agencies 1DCA/2 Sep. 14, 2017
People v. Leonard
Conviction for reckless driving while evading peace officer does not require evidence that defendant was personally assessed traffic violation points. 		Criminal Law and Procedure 4DCA/1 Sep. 14, 2017
Atwood v. Ryan
Defendant’s petition for habeas corpus properly denied, where claims regarding application of aggravating factor at sentencing are unavailing. 		Criminal Law and Procedure 9th Sep. 14, 2017
Tuffly v. United States Dept. of Homeland Security
Disclosure of non-citizen detainee’s names is properly withheld where detainee’s privacy interests outweigh significant public interest. 		Government 9th Sep. 14, 2017
Roth v. Plikaytis
Failure to consider litigant’s previously filed supported documents incorporated by reference in attorney fee motion results in remand for recalculation of award. 		Attorneys 4DCA/1 Sep. 14, 2017
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