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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Hovannisian v. First American Title Insurance Co.
Purchasers of foreclosed property who later discover first deed of trust on property unsuccessful in challenging favorable ruling in title insurance company’s favor. 		Insurance 5DCA Aug. 15, 2017
Jacobs v. Coldwell Banker Residential Brokerage Co.
Seller defeats potential buyer’s negligence claim on summary judgment where plaintiff failed to properly plead additional theory of liability. 		Torts 2DCA/6 Aug. 15, 2017
Modification: Towery v. State
State not liable to former inmate for contracting valley fever while incarcerated in Kern Valley State Prison. 		Immunity 2DCA/1 Aug. 15, 2017
People v. Financial Casualty & Surety Inc.
Surety entitled to relief from bond forfeiture where defendant was placed in custody within 185-day appearance period and surety took reasonable steps to seek relief. 		Criminal Law and Procedure 1DCA/3 Aug. 14, 2017
People v. Brown
Defendant unsuccessful in challenging conviction for human trafficking, where Proposition 35 does not prohibit treating victim as uncharged coconspirator under coconspirator exception to hearsay rule. 		Criminal Law and Procedure 3DCA Aug. 14, 2017
PEM Entities LLC v. Levin
Order 		USSC Aug. 14, 2017
Energy Ins. Mutual Ltd. v. Ace American Ins. Co.
Insured covered for ‘ordinary acts of negligence resulting in bodily injuries’ unless a professional liability exclusion ‘conspicuously, plainly and clearly’ provides that ‘acts of professional negligence will not be covered.’ 		Insurance 1DCA/4 Aug. 14, 2017
Modification: Scher v. Burke
Civil Code Section 1009 preclude both recreational and non-recreational public use of non-coastal property from ripening into an implied dedication of a public road. 		Real Property CASC Aug. 11, 2017
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. 		Civil Procedure 4DCA/2 Aug. 11, 2017
People v. Calavano
Order 		CASC Aug. 11, 2017
Quigley v. Garden Valley Fire Protection District
Order 		CASC Aug. 11, 2017
Cross v. Facebook
Plaintiff must show that defendant used plaintiff’s identity in order to prevail under a common law right of publicity claim. 		Anti-SLAPP 1DCA/2 Aug. 11, 2017
U.S. v. Smith
Relators’ motion to intervene in criminal action properly denied, where False Claim Act’s ‘alternate remedy’ provisions do not permit intervention. 		Criminal Law and Procedure 9th Aug. 11, 2017
Asarco LLC v. Atlantic Richfield Co.
Ninth Circuit provides clarity to CERCLA contribution action by addressing three issues of first impression and reverses dismissal of contribution action involving East Helena Superfund Site. 		Environmental Law 9th Aug. 11, 2017
Towery v. State
State not liable to former inmate for contracting valley fever while incarcerated in Kern Valley State Prison. 		Immunity 2DCA/1 Aug. 11, 2017
Surfrider Foundation v. Martins Beach 1 LLC
In action challenging closure of public access to beach, landowners unsuccessful in challenging adverse rulings. 		Environmental Law 1DCA/5 Aug. 11, 2017
Curci Investments v. Baldwin
Reverse veil piercing relief sought by judgment creditor to hold LLC liable as judgment debtor erroneously denied based on improper application of ‘Postal Instant.’ 		Corporations 4DCA/3 Aug. 11, 2017
Parrish v. Latham & Watkins
Probable cause is established where a trial court rules in favor of the plaintiff in the underlying action, even if a subsequent ruling overturns the initial ruling. 		Anti-SLAPP CASC Aug. 11, 2017
Light v. California Dept. of Parks and Recreation
Employee may maintain emotional distress and retaliation claims against state department despite workers’ compensation scheme’s exclusivity provisions. 		Employment Law 4DCA/1 Aug. 10, 2017
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. 10, 2017
Jones v. Royal Administration Services Inc.
Company cannot be held vicariously liable for telemarketers’ Telephone Consumer Protection Act violations because telemarketers were not its agents, but were independent contractors. 		Consumer Law 9th Aug. 10, 2017
Civil Rights Education and Enforcement Center v. Hospitality Properties Trust
Although plaintiffs have standing to assert claims under Americans with Disabilities Act, class certification properly denied due to failure to meet commonality requirement. 		Disability Discrimination 9th Aug. 10, 2017
People v. Financial Casualty and Surety Inc.
Surety fails to vacate bond forfeiture following criminal defendant’s second failure to appear where defendant’s alleged deportation did not render defendant ‘permanently disabled.’ 		Criminal Law and Procedure 1DCA/4 Aug. 10, 2017
Harris v. Superior Court (People)
Order requiring payment of restitution is ‘significant adverse collateral consequence’ entitling petitioner to appointed counsel on appeal. 		Criminal Law and Procedure 3DCA Aug. 10, 2017
Russell City Energy Co. LLC v. City of Hayward
Payments clause in city and energy company’s contract violates California Constitution where it suspends city’s ability to tax. 		Constitutional Law California Courts of Appeal Aug. 9, 2017
Greenway v. Ryan
Convicted murderer properly denied habeas relief where neither state Supreme Court nor trial court applied impermissible causal-nexus test to exclude mitigating evidence. 		Criminal Law and Procedure 9th Aug. 9, 2017
Lozano-Arredondo v. Sessions
Petition for review granted, where record of conviction is inadequate to determine whether petitioner was convicted of crime involving moral turpitude. 		Immigration 9th Aug. 9, 2017
Amended Opinion: Sandoval v. Sessions
Oregon conviction for delivering heroin does not constitute aggravated felony that would render petitioner ineligible for cancellation of removal. 		Immigration 9th Aug. 9, 2017
Order and Amended Opinion: Andres v. Marshall
Prisoner is deemed to have exhausted available administrative remedies when prison officials fail to respond to his grievance, thus permitting excessive force action to proceed. 		Criminal Law and Procedure 9th Aug. 9, 2017
Arnaudo Brothers v. Agricultural Labor Relations Board
Where a party raises a disclaimer defense to an unfair labor practices claim based on failure to bargain, a labor organization's disclaimer of interest must be clear and unequivocal. 		Labor Law California Courts of Appeal Aug. 9, 2017
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