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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Lamear v. Berryhill
Administrative law judge must ask expert to reconcile apparent conflicts between expert’s testimony and requirements listed in the ‘Dictionary of Occupational Titles.’ 		Administrative Agencies 9th Aug. 2, 2017
Alliance for the Wild Rockies v. Pena
Forest project opponent properly denied preliminary injunction where plaintiff failed to demonstrate ‘serious questions’ on its environmental claims under sliding scale variant of ‘Winters’ standard. 		Environmental Law 9th Aug. 2, 2017
Clabourne v. Ryan
Order 		Prisoners' Rights 9th Aug. 2, 2017
Marriage of Kumar
In divorce proceeding, sponsored immigrant spouse has standing to enforce support obligation created by immigration form I-864 affidavit of support signed by sponsoring spouse. 		Family Law California Courts of Appeal Aug. 1, 2017
Rush v. White Corp.
Trial court does not abuse its discretion in granting defendants’ motion for summary judgment based on plaintiffs’ non-complying separate statement. 		Civil Procedure California Courts of Appeal Aug. 1, 2017
Beachcomber Management Crystal Cove v. Superior Court
Successive representation rules generally do not bar attorney from continuing to represent insider of closely held company in a derivative lawsuit pursuant to ‘Forrest v. Baeza.’ 		Attorneys California Courts of Appeal Aug. 1, 2017
USA V. Leon Seminole
Court may compel a spouse to testify against his or her spouse where testifying spouse is a victim of defendant’s crime. 		Criminal Law and Procedure 9th Aug. 1, 2017
Fuller v. Idaho Dept. of Corrections
Idaho Department of Corrections (IDOC) officer raped by co-worker successful in challenging grant of summary judgment in IDOC’s favor on hostile work environment claim. 		Employment Discrimination 9th Aug. 1, 2017
Mountain Air Enterprises LLC v. Sundowner Towers LLC
Assertion of affirmative defense does not equate to ‘action’ for purposes of recovering attorney fees; but prevailing party nevertheless entitled to fees where assertion implicated agreement’s attorney fees provision. 		Contracts CASC Aug. 1, 2017
In re Mainline Equipment Inc.
BAP properly allows Chapter 11 debtor in possession to avoid county’s lien on its personal property, where county fails to perfect lien as against bona fide purchaser. 		Bankruptcy 9th Aug. 1, 2017
Republic of the Marshall Islands v. USA
Where provision has ‘all the trappings of a non-self-executing treaty provision,’ it is unenforceable by district court 		Government 9th Aug. 1, 2017
Modification: People v. Turner
Evidence of defendant's prior arrest properly admitted to impeach his claim that police 'planted' loaded firearm and ammunition in his duffel bag. 		California Courts of Appeal Jul. 31, 2017
Ewald v. Nationstar Mortgage LLC
Due to counsel’s ‘egregious violations of basic appellate norms’ with respect to duty to properly brief case, judgment in defendant’s favor affirmed without discussion of merits. 		Civil Procedure California Courts of Appeal Jul. 31, 2017
Minnick v. Automotive Creations Inc.
Demurrer properly sustained in favor of former employer in suit challenging vacation policy providing waiting period before workers can earn vacation pay. 		Employment Law California Courts of Appeal Jul. 31, 2017
People v. Arredondo
Convicted sex offender unsuccessful in arguing that his Sixth Amendment right to confrontation was violated during his trial by allowing witnesses to testify obscured by computer monitor. 		Criminal Law and Procedure California Courts of Appeal Jul. 31, 2017
Baker v. Workers Compensation Appeals Board
Subsequent Injuries Benefits Trust Fund benefits commence at time employer’s obligation to pay permanent disability benefits commences. 		Employment Law California Courts of Appeal Jul. 31, 2017
Murphey v. Shiomoto
Suspension of DUI arrestee’s driver’s license reinstated after trial court committed reversible error in determining arresting officer’s reports inadmissible and granting driver’s writ petition. 		Administrative Agencies California Courts of Appeal Jul. 31, 2017
Conroy v. Wells Fargo Bank
'Biakanja’ test for determining duty of care is inapplicable where a contractual relationship exists. 		Civil Procedure California Courts of Appeal Jul. 31, 2017
In re Quality Systems Inc. Securities Litigation
Securities class action improperly dismissed, where defendants' statements about company’s sales were materially false or misleading. 		Securities 9th Jul. 31, 2017
U.S. v. Martinez-Lopez
Health and Safety Code Section 11352 divisible, proper to use modified categorical approach to apply sentencing enhancement as to defendant that admitted to selling cocaine during plea. 		Criminal Law and Procedure 9th Jul. 31, 2017
Bonni v. St. Joseph Health System
Anti-SLAPP motion erroneously granted in favor of Hospital where surgeon-plaintiff’s complaint did not arise from peer review proceedings, but from alleged retaliatory motive. 		Anti-SLAPP California Courts of Appeal Jul. 28, 2017
Modification: In re Taitano
Under specific circumstances of defendant's case, Penal Code Section 1368 does not authorize trial court to hold new hearing on defendant's mental competence; case nevertheless permanently abated due to defendant’s death. 		California Courts of Appeal Jul. 28, 2017
In re David T.
Appellant successful in challenging juvenile court’s improper denial of his motion to seal his juvenile records. 		Juveniles California Courts of Appeal Jul. 28, 2017
Aanderud v. Superior Court
An arbitration agreement’s delegation clause is enforceable if it is clear and unmistakable and if it is not revocable for unconscionability under 'Tiri v. Lucky Chances Inc.' 		Arbitration California Courts of Appeal Jul. 28, 2017
Friends of the Eel River v. North Coast Railroad Authority (Northwestern Pacific Railroad Co.)
ICCTA preempts state regulation of rail transportation, but application of CEQA to state agency’s railroad activity is not ‘regulation,’ but ‘self-governance’ and is not inconsistent with ICCTA and its preemption clause. 		Constitutional Law CASC Jul. 28, 2017
The Estuary Owners Association v. Shell Oil Co.
Condominium owners successful in challenging application of 10-year statute of repose to claims involving latent construction defects in case alleging nuisance against oil company. 		Civil Procedure California Courts of Appeal Jul. 28, 2017
Taylor v. Trimble
Host not liable for drowning death of child guest where, although host initially assumed supervision of child, child’s grandfather thereafter assumed responsibility and did not relinquish it. 		Torts California Courts of Appeal Jul. 28, 2017
Toeppe v. City of San Diego
Trail immunity inapplicable where plaintiff does not dispute the condition of a trail. 		Municipal Law California Courts of Appeal Jul. 28, 2017
County of San Mateo v. Superior Court (Rowe)
County’s summary judgment motion properly denied where triable issues of fact remain as to whether ‘natural condition immunity’ applies to campground incident. 		Immunity California Courts of Appeal Jul. 27, 2017
FilmOn.com v. DoubleVerify Inc.
Anti-SLAPP motion properly granted in favor of provider of advertising authentication services in suit challenging provider’s negative classification of plaintiff’s websites. 		Anti-SLAPP California Courts of Appeal Jul. 27, 2017
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