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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Clayton v. Biter
Defendant’s habeas petition challenging denial of state court’s resentencing petition is not subject to ‘second or successive petition’ bar under 28 U.S.C. Section 2244(b). 		Criminal Law and Procedure 9th Aug. 22, 2017
Center for Biological Diversity v. Mattis
Plaintiffs challenging approval of military base in Japan successful in reversing motion to dismiss, where court errs in concluding they lack standing or that claim involves political question. 		Environmental Law 9th Aug. 22, 2017
U.S. V. Jesus Castillo-Mendez
In an attempted illegal reentry case, a supplemental jury instruction that incorrectly relies on ‘found in’ illegal re-entry cases instead of attempted illegal re-entry cases is confusing and erroneous. 		Criminal Law and Procedure 9th Aug. 22, 2017
People v. Button
Trial court need not issue ‘Boykin-Tahl’ admonition prior to accepting stipulation supporting serious felony allegations where stipulation carried no immediate penal consequences for defendant. 		Criminal Law and Procedure 4DCA/1 Aug. 21, 2017
In re J.P.
A dependency court abuses its discretion where it orders a parent to participate in a reunification plan that the parent cannot comply with due to the parent’s language barrier. 		Dependency 2DCA/8 Aug. 21, 2017
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 Aug. 21, 2017
Levi v. Atossa Genetics Inc.
Plaintiffs in securities fraud class action against developer of breast cancer detection products sufficiently plead ‘falsity’ and ‘materiality,’ warranting partial reversal of dismissal. 		Securities 9th Aug. 21, 2017
Sales v. Sessions
California conviction for aiding and abetting murder under natural and probable consequences theory qualifies as aggravated felony for purposes of removal. 		Immigration 9th Aug. 21, 2017
Afewerki v. Anaya Law Group
False statement that causes ‘the least sophisticated debtor to suffer a disadvantage’ in his or her plan of action ‘in response to the collection effort’ is a material false statement that violates the FDCPA. 		Consumer Law 9th Aug. 21, 2017
Skulason v. California Bureau of Real Estate
California Bureau of Real Estate has no duty to remove information about a licensee’s dismissed convictions from its public website where petitioner fails to show that Bureau had a clear duty. 		Administrative Agencies 1DCA/1 Aug. 18, 2017
Okorie v. Los Angeles Unified School District
Anti-SLAPP motion properly granted favoring LAUSD in action involving protected and unprotected activities where protected conduct was integral to each of cause of action. 		Anti-SLAPP 2DCA/1 Aug. 18, 2017
People v. Pennington
Failure of People to prove battery victim was in fact a peace officer results in reversal of defendant’s conviction for battery on a peace officer. 		Criminal Law and Procedure CASC Aug. 18, 2017
Modification: Bridges v. Mt. San Jacinto Community College Dist.
Parties must exhaust administrative remedies before filing a California Environmental Quality Act action, where opportunity to seek remedies existed. 		Environmental Law 4DCA/2 Aug. 18, 2017
Harshad & Nasir Corp. v. Global Sign Systems
Trial court’s failure to apply correct standards in reviewing arbitrator’s award and lack of evidence supporting award lead to reversal. 		Arbitration 2DCA/1 Aug. 17, 2017
Laborin v. Berryhill
Applicant for Social Security benefits successful in winning reversal of denial of benefits due to administrative law judge’s failure to credit his symptom testimony. 		Administrative Agencies 9th Aug. 17, 2017
Order: Frlekin v. Apple Inc.
Order 		9th Aug. 17, 2017
Merrick v. Hilton Worldwide Inc.
Elderly worker fails to carry ultimate burden of persuasion in FEHA age discrimination claim under three-part ‘McDonnell-Douglas’ test. 		Employment Discrimination 9th Aug. 17, 2017
Contest Promotions LLC v. City and County of San Francisco
San Francisco’s billboard-related regulations that distinguish between commercial and noncommercial signs passes intermediate scrutiny under 'Central Hudson,' warranting dismissal of advertiser’s First Amendment claims. 		Civil Rights 9th Aug. 17, 2017
BNYM v. Watt
District court order that fails to “finally dispose of [a] discrete dispute” in a bankruptcy proceeding is not appealable. 		Bankruptcy 9th Aug. 17, 2017
Montanore Minerals Corp. v. Bakie
District court abuses discretion in failing to stay federal case in deference to pending state court proceedings. 		Civil Procedure 9th Aug. 17, 2017
Ponte v. County of Calaveras
Promissory estoppel theory may only succeed in contract action against public entity in special instance where ‘justice clearly requires.’ 		Contracts 3DCA Aug. 17, 2017
In re Trever P.
Mother’s surreptitious recording of her minor son and his abuser properly admitted under exception from Penal Code Section 633.5. 		Criminal Law and Procedure 5DCA Aug. 16, 2017
People v. Pineda
Section 4 of the Public Safety and Rehabilitation Act of 2016 applies retroactively to juvenile defendants convicted of murder. 		Criminal Law and Procedure 2DCA/5 Aug. 16, 2017
Anderson v. Rainsdon (In re Anderson)
Debtors’ contingent right to real estate sales commission constitutes estate property under Bankruptcy Code regardless of any distinction in state law. 		Bankruptcy BAP Aug. 16, 2017
Williby v. Aetna Life Insurance Co.
In ERISA action, review of plan administrator’s denial of short-term disability benefits to Boeing’s employee under wrong standard warrants remand. 		Civil Procedure 9th Aug. 16, 2017
County of Orange v. Cole
Sperm donor who held child out as his own unable to duck child support and designation as presumed father. 		Family Law 4DCA/3 Aug. 16, 2017
Sakumar v. City of San Diego
Plaintiff erroneously denied attorney fees under Public Records Act where substantial evidence supported that timing of City’s additional disclosure was triggered by court-ordered depositions. 		Public Records Act 4DCA/1 Aug. 16, 2017
Sviridov v. City of San Diego
In wrongful termination action, city-employer properly awarded costs where plaintiff rejects multiple settlement offers and fails to obtain more favorable result. 		Civil Procedure 4DCA/1 Aug. 16, 2017
Frealy v. Reynolds
Where trust pays entirely from principal, bankruptcy trustee may reach up to full amount of any distributions 'currently' payable to a beneficiary or may reach up to 25 percent of future payments made to beneficiary. 		Bankruptcy 9th Aug. 16, 2017
Robins v. Spokeo Inc.
Concrete injury sufficiently alleged where plaintiff shows defendant violated federal statute that protects ‘concrete interests’ and that violation caused risk of ‘real harm.’ 		Constitutional Law 9th Aug. 16, 2017
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