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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Meza v. Portfolio Recovery Associates
Order 		CASC Aug. 25, 2017
City of Morgan Hill v. Bushey (River Park Hospitality)
Order 		6DCA Aug. 25, 2017
People v. Ledesma
Rapist fails to overturn One Strike Law sentence enhancement on vagueness grounds by likening California’s asportation requirement with federal statute found impermissibly vague. 		Criminal Law and Procedure 4DCA/1 Aug. 25, 2017
Disney Enterprises Inc. v. VidAngel Inc.
VidAngel not exempt from liability for copyright infringement under Family Movie Act for streaming filtered version of ‘ripped’ copyright materials. 		Intellectual Property 9th Aug. 25, 2017
Sprunk v. Prisma LLC
Employer’s motion to compel arbitration properly denied, where it waives right to compel arbitration against class members by deciding not to seek arbitration against named plaintiff. 		Arbitration 2DCA/1 Aug. 25, 2017
Briggs v. Brown
Proposition 66--the Death Penalty Reform and Savings Act of 2016--upheld despite concerns over separation of powers, where measure’s stated deadlines are directive rather than mandatory. 		Criminal Law and Procedure CASC Aug. 25, 2017
Hampton v. Pacific Investment Management Co. LLC
Dismissal of securities class action under Securities Litigation Uniform Standards Act is without prejudice where such dismissal involved jurisdictional issue rather than merits. 		Securities 9th Aug. 25, 2017
DZ Bank AG Deutsche Zentral- Genossenschaft Bank v. Meyer
Creditor may recover full amount of debtor’s non-dischargeable debt resulting from fraudulent asset transfers. 		Bankruptcy 9th Aug. 25, 2017
Cal Sierra Development Inc. v. George Reed Inc.
Res judicata precludes action against licensee following arbitration that resulted in unfavorable judgment for plaintiff where licensee was privy to party that prevailed in arbitration. 		Civil Procedure 3DCA Aug. 24, 2017
OTO LLC v. Kho
Denial of employer’s petition to compel arbitration of employee’s claim for unpaid wages reversed, where arbitration proceeding is not substantively unconscionable. 		Arbitration 1DCA/1 Aug. 24, 2017
Walker v. Appellate Division of the Superior Court (People)
Criminal restitution order covering victim’s actual loss improperly overturned by trial court’s appellate division, which erroneously relied on calculation applicable to civil actions. 		Remedies 2DCA/5 Aug. 24, 2017
In re Marriage of Parker
Father unsuccessful in arguing that doctrine of laches applies to discharge child support arrears owed to county department of child support services. 		Family Law 4DCA/2 Aug. 24, 2017
Los Angeles Lakers Inc. v. Federal Insurance Co.
Claim under Telephone Consumer Protection Act is fundamentally invasion of privacy claim; insurer properly denied coverage under policy broadly excluding actions arising from invasion of privacy. 		Consumer Law 9th Aug. 24, 2017
In re D.H.
Juvenile court must make parental unfitness or detriment finding by clear and convincing evidence before terminating parent’s rights. 		Dependency 4DCA/2 Aug. 24, 2017
Kennedy v. Bremerton School District
High school football coach ordered to stop praying on football field after games unsuccessful in obtaining preliminary injunction allowing him to continue praying. 		Civil Rights 9th Aug. 24, 2017
Modification: PGA West Residential Association Inc. v. Hulven International Inc.
Demurrer improperly overruled, where allegedly fraudulent acts are governed by Uniform Fraudulent Transfer Act’s seven year statute of repose. 		Criminal Law and Procedure 4DCA/2 Aug. 24, 2017
Airline Service Providers Association v. Los Angeles World Airports
City of Los Angeles acts as market participant in requiring airport businesses to agree to ‘labor peace agreement’ and is not preempted by federal labor statutes. 		Labor Law 9th Aug. 24, 2017
Bracken v. Chung
In action alleging police officer working at private event failed to intercede to prevent assault, court errs in granting summary judgment to officer based on qualified immunity. 		Civil Rights 9th Aug. 24, 2017
Marinelarena v. Sessions
Petitioner cannot use inconclusive record to carry burden of proof where petitioner attempts to demonstrate eligibility for cancellation of removal. 		Immigration 9th Aug. 24, 2017
Retzloff v. Moulton Parkway Residents' Assn.
Pursuant to Code of Civil Procedure, unless statute specifically provides for attorney fees award, trial court may not award fees as part of cost award. 		Civil Procedure 4DCA/3 Aug. 24, 2017
People v. Halim
Defendants convicted of federal crimes related to their involvement in human trafficking unsuccessful in arguing that Double Jeopardy Clause bars subsequent state prosecution. 		Criminal Law and Procedure 2DCA/4 Aug. 23, 2017
U.S. v. Peralta Sanchez
Order 		9th Aug. 23, 2017
Amended Opinion: U.S. v. Johnson
Under MVRA, restitution may flow from events other than the count of conviction, if harm caused was part of defendant's 'scheme, conspiracy, or pattern;' plaintiff's decision not to appeal pretrial evidentiary ruling does not bar appellate review 		Remedies 9th Aug. 23, 2017
In re Google Referrer Header Privacy Litigation
Relationship between cy pres recipients and class counsel’s alma maters does not warrant reversal of approval of cy press only settlement in Google privacy class action. 		Civil Procedure 9th Aug. 23, 2017
Miller v. City of Portland
Plaintiff in a 42 U.S.C. Section 1983 action is entitled to attorney’s fees where plaintiff accepted a Rule 68 offer which plainly stated that plaintiff would receive reasonable attorney’s fees. 		Civil Procedure 9th Aug. 23, 2017
Moonin v. Tice
Denial of qualified immunity to Nevada Highway Patrol Major proper, where his sweeping policy prohibiting employee speech regarding K9 program violates troopers’ First Amendment rights. 		Civil Rights 9th Aug. 23, 2017
Shaibi v. Berryhill
Claimant must raise issue of accuracy of vocational expert’s job estimates during administrative proceedings to preserve challenge on appeal; claimant’s failure to do so constitutes waiver. 		Administrative Agencies 9th Aug. 23, 2017
U.S. V. Brito
Time served in state custody is part of defendant’s ‘term of imprisonment’ where defendant motions for sentence reduction. 		Criminal Law and Procedure 9th Aug. 23, 2017
Order and Amended Opinion: U.S. v. Job
Failure to suppress unlawfully obtained evidence results in vacated conviction for possession with intent distribute methamphetamine. 		Criminal Law and Procedure 9th Aug. 22, 2017
Curtis v. Shpak (In re Curtis)
Bankruptcy removal statute does not authorize removal of case from federal district court to bankruptcy court; to allow otherwise would undermine district court’s referral power. 		Bankruptcy BAP Aug. 22, 2017
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