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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Nakai v. Friendship House Association of American Indians Inc.
Prima facie case of marital status discrimination not established where plaintiff's allegations concern marriage to ‘particular’ person rather than marital status. 		Employment Discrimination 1DCA/1 Sep. 7, 2017
Marsh v. J. Alexander's LLC
In minimum wage dispute, plaintiffs may amend their complaints to exclude reliance on DOL’s inconsistent interpretation of ‘tip credit’ regulation. 		Labor Law 9th Sep. 7, 2017
U.S. v. Torres
Jury instructions for determining drug quantities for purposes of imposing mandatory sentence do not constitute reversible error even though inconsistency in caselaw begs clarity. 		Criminal Law and Procedure 9th Sep. 7, 2017
Modification: Cortez v. Doty Bros. Equipment Co.
Wage and hour class action erroneously dismissed in its entirety where some claims not encompassed by collective bargaining agreement’s arbitration provision. 		Labor Law 2DCA/7 Sep. 7, 2017
People v. Harris
Proposition 47 petitioner’s motion for DNA expungement properly denied where petitioner’s past felony offense disqualifies petitioner from obtaining expungement. 		Criminal Law and Procedure 4DCA/1 Sep. 7, 2017
Cortez v. Doty Bros. Equipment Co.
Wage and hour class action erroneously dismissed in its entirety where some claims not encompassed by collective bargaining agreement’s arbitration provision. 		Labor Law 2DCA/7 Sep. 6, 2017
Buck v. Berryhill
Disability claimant successful in obtaining denial of benefits, where district court improperly rejects examining psychiatrist’s opinion. 		Administrative Agencies 9th Sep. 6, 2017
Lam v. City of San Jose
San Jose police officer fails to overturn unfavorable jury verdict in shooting of troubled man in his back, rendering him paraplegic. 		Civil Rights 9th Sep. 6, 2017
In re Henson
Verizon subscribers victorious in challenging order staying putative class action and compelling arbitration in action against mobile advertising middle-man. 		Consumer Law 9th Sep. 6, 2017
U.S. v. Guerrero
Jury instruction based on facilitation theory is erroneous where forfeiture based on intent requires proof of act to ‘effectuate that intent.’ 		Criminal Law and Procedure 9th Sep. 6, 2017
People v. Washington
‘Crawford v. U.S.’ narrowed ‘Aranda/Bruton’ doctrine concerning admission of codefendant’s unredacted confession at joint trial; gangster’s murder conviction therefore not warranted. 		Criminal Law and Procedure 2DCA/2 Sep. 6, 2017
People v. Iraheta
Improper admission of gang expert testimony and evidence related to ‘field identification’ cards is prejudicial error warranting reversal of convictions. 		Criminal Law and Procedure 2DCA/3 Sep. 5, 2017
Grotheer v. Escape Adventures Inc.
Summary judgment properly granted in favor of balloon tour company and pilot, albeit on different ground, absolving them of liability for injuries from crash landing. 		Torts 4DCA/2 Sep. 5, 2017
Abbott v. Perez
Order 		USSC Sep. 5, 2017
Modification: Charles G., a Minor
Minor may be convicted of both statutes prohibiting firearm possession by minor and carrying of concealed firearm because statutes constitute separate offenses, violations. 		Juveniles 1DCA/2 Sep. 5, 2017
Stoetzl v. State of California
Unrepresented peace officers are entitled to compensation under Wage Order 4-2001 where Fair Labor Standards Act’s calculation standard does not supersede wage order. 		Labor Law 1DCA/4 Sep. 5, 2017
Montrose Chemical Corp. v. Superior Court (Canadian Universal Insurance Co. Inc.)
In insurance coverage dispute, insured’s ‘vertical exhaustion’ framework rejected in favor of ‘horizontal exhaustion’ framework, although proper framework must be applied policy-by-policy. 		Insurance 2DCA/3 Sep. 5, 2017
Ybarra v. Filson
Petitioner claiming ‘intellectual disability’ obtains partial relief in action seeking to reopen habeas proceedings challenging his death sentence based on ‘Atkins v. Virginia.’ 		Criminal Law and Procedure 9th Sep. 5, 2017
Hsiao v. Hazuda
Alien seeking to adjust status to lawful permanent resident unsuccessful in obtaining relief from disqualification under ‘grandfathering’ provision. 		Immigration 9th Sep. 5, 2017
Major v. R.J. Reynolds Tobacco Co.
Cigarette manufacturer cannot escape liability for smoker’s death from lung cancer by arguing federal preemption, which must be rejected for lack of evidentiary support. 		Torts 2DCA/8 Sep. 1, 2017
People v. Seals
Jury properly considered sales tax in determining fair market value of stolen cellphone and concluding value exceeded jurisdictional threshold to support commercial burglary conviction. 		Criminal Law and Procedure 2DCA/8 Sep. 1, 2017
Luis H., a Minor
Dependency petition properly dismissed as to siblings despite sustaining of petition as to one sibling who had been sexually abused. 		Dependency 2DCA/7 Sep. 1, 2017
City of Oroville v. Superior Court (California Joint Powers Risk Management Authority)
Order 		CASC Sep. 1, 2017
Jackson v. Fong
Plaintiff who was a prisoner at time he filed suit but who was not a prisoner at time of his operative complaint is not subject to exhaustion defense. 		Prisoners' Rights 9th Sep. 1, 2017
Murray v. Southern Route Maritime SA
Jury instruction recognizing ship owner’s turnover duty and ship owner’s duty to inspect as interconnected is not faulty where duty to inspect falls within turnover duty. 		Labor Law 9th Sep. 1, 2017
American Civil Liberties Union Foundation of Southern California v. Superior Court (County of Los Angeles)
Bulk data generated by Automatic License Plate Reader not exempt from disclosure under ‘records of … investigation’ exemption, but possibly under catchall provision. 		Public Records Act CASC Sep. 1, 2017
Updike v. Multnomah County
Deaf plaintiff denied access to American Sign Language interpreter during pretrial detention wins partial victory in action alleging violation of ADA and Rehabilitation Act. 		Disability Discrimination 9th Sep. 1, 2017
People v. Daniels
In highly divisive issue, judgment of death overturned due to invalid waiver of right to jury trial; judgment otherwise affirmed in all other respects. 		Criminal Law and Procedure CASC Sep. 1, 2017
Zazzali v. US (In re DBSI Inc.)
11 U.S.C. Section 106(a)(1)’s abrogation of sovereign immunity extends to ‘state law claim on which Section 544(b)(1) claim is based.’ 		Bankruptcy 9th Sep. 1, 2017
Attard v. Board of Supervisors of Contra Costa County
Property owners do not have vested right to continue construction on property where underlying project approved by permits was unlawful to begin with. 		Municipal Law 1DCA/4 Aug. 31, 2017
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