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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
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 Aug. 29, 2017
In re Miller
Insufficient evidence that defendant acted with ‘reckless indifference to human life’ warrants vacating robbery-murder special circumstance finding.
Criminal Law and Procedure 2DCA/5 Aug. 29, 2017
Murphy v. Smith
Order
USSC Aug. 29, 2017
Amended Opinion: Portland General Electric Co. v. Liberty Mutual Insurance Co.
District court’s error in deciding scope of arbitration clause results in vacated judgment and remand to allow arbitrator to settle dispute.
Arbitration 9th Aug. 29, 2017
California Cannabis Coalition v. City of Upland
State constitutional restriction on local government’s ability to impose taxes does not apply to voters’ power to propose and adopt initiatives concerning taxation.
Government CASC Aug. 29, 2017
Rubenstein v. Doe No. 1
Child sex abuse victim's action against public entity untimely filed despite ‘delayed discovery rule’ where rule has no affect on government claims presentment deadline.
Civil Procedure CASC Aug. 29, 2017
Center for Biological Diversity v. Zinke
Fish and Wildlife Service may determine that a population segment that meets one of the Distinct Population Segment Policy’s four significance factors is insignificant where the agency’s determination is not limited to any one of the factors.
Administrative Agencies 9th Aug. 29, 2017
Sierra Club v. Pruitt
States fail to overturn approval of settlement reached by Sierra Club and EPA regarding promulgation of air quality standards.
Environmental Law 9th Aug. 29, 2017
U.S. v. Mercado-Moreno
Defendant unsuccessful in challenging denial of motion for sentence reduction despite amendment raising quantity of methamphetamine required to trigger maximum base offense level.
Criminal Law and Procedure 9th Aug. 29, 2017
Yagman v. Pompeo
Rule requiring a person seeking a Freedom of Information Act request to provide a reasonable description of records sought is not a jurisdictional prerequisite.
Administrative Agencies 9th Aug. 29, 2017
Amended Opinion: Petrocelli v. Baker
Death sentence reversed in case where admission of psychiatric testimony during penalty phase violated defendant's constitutional rights under 'Estelle v. Smith.'
Criminal Law and Procedure 9th Aug. 28, 2017
Mahan v. Charles W. Chan Insurance Agency Inc.
On rehearing, elderly couple may proceed with financial elder abuse and related claims against insurance advisors that allegedly took advantage of their cognitive issues.
Torts 1DCA/4 Aug. 28, 2017
Ed H. v. Ashley C.
Visitation properly denied to great-grandparents, where grandparent visitation statutes do not authorize great-grandparents to petition for visitation.
Family Law 4DCA/1 Aug. 28, 2017
Modification: In re Travis C.
Court properly assumed jurisdiction over child under Welfare and Institutions Code 300(b)(1) where mother’s mental illness created ‘substantial risk’ of serious physical harm.
Juveniles 2DCA/1 Aug. 28, 2017
Mercury Casualty Co. v. City of Pasadena
City of Pasadena not liable under inverse condemnation theory for damage caused to homeowner’s property by fallen tree during 2011 wind storm.
Insurance 2DCA/3 Aug. 28, 2017
The Highway 68 Coalition v. County of Monterey (Omni Resources LLC)
Plaintiff unsuccessful in challenging adverse rulings following challenge to county’s approval of shopping center project.
Environmental Law 6DCA Aug. 28, 2017
Rubenstein v. The Gap Inc.
Plaintiff’s claim under the Consumers Legal Remedies Act fails where Plaintiff’s complaint fails to allege that defendant misrepresented its products.
Consumer Law 2DCA/1 Aug. 28, 2017
Zermeno-Gomez v. USDC-AZP
Order
9th Aug. 28, 2017
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 Aug. 28, 2017
Modification: Orange Co. Water Dist. v. Sabic Innovative Plastics
Regulatory agency plaintiff may seek reimbursement costs under the Carpenter-Presley-Tanner Hazardous Substance Account Act even if plaintiff is not jointly liable for those costs.
Environmental Law 4DCA/1 Aug. 28, 2017
Alamillo v. BNSF Railway Co.
Locomotive engineer’s disability discrimination claim falters absent any evidence that his alleged disability, as opposed to his absenteeism, factored in his dismissal.
Employment Law 9th Aug. 28, 2017
First Amendment Coalition v. United States Dept. of Justice
In action seeking disclosure of government memoranda regarding legality of targeted killings of U.S. citizen terrorists, district court errs in denying plaintiff who ‘substantially prevailed’ attorney fees.
Government 9th Aug. 28, 2017
Marriage of Mendoza and Cuellar
Ex-wife’s request to make permanent spousal support retroactive to date of filing divorce petition greatly limited by statue and properly denied.
Family Law 4DCA/3 Aug. 28, 2017
U.S. v. Robinson
Error in concluding that defendant’s conviction for Washington crime of second-degree assault is ‘crime of violence’ results in vacated sentence and remand.
Criminal Law and Procedure 9th Aug. 28, 2017
U.S. v. Walter-Eze
Defendant must show prejudice under ‘Strickland v. Washington’ even if an actual conflict of interest exists, where ‘Cuyler v. Sullivan’s’ prejudice standard is in applicable.
Criminal Law and Procedure 9th Aug. 28, 2017
Berezovsky v. Bank of America
Federal Foreclosure Bar preempts Nevada law to prevent homebuyer from purchasing foreclosed property to which Federal Housing Finance Agency had a claim.
Real Property 9th Aug. 28, 2017
People v. Romero
Failure to remove juror, who had substantial relationship with sexual assault victim amounting to ‘actual bias,’ constitutes constitutional error that warrants reversal of convictions.
Criminal Law and Procedure 2DCA/1 Aug. 25, 2017
Riddell Inc. v. Superior Court (Ace American Insurance Co.)
In dispute over insurance coverage for products liability action, football helmet manufacturers win partial victory in discovery dispute with insurers.
Insurance 2DCA/7 Aug. 25, 2017
Ramirez v. City of Gardena
Vehicle Code Section 17004.7(b)(2) does not require public agency employing peace officers to prove that each of its officers have ‘received, read, and understand’ the agency’s vehicular pursuit policy.
Immunity 2DCA/1 Aug. 25, 2017
Heimlich v. Shivji
Order
6DCA Aug. 25, 2017