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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Aptos Council v. County of Santa Cruz
Ordinances changing county zoning, sign, and hotel standards not project requiring single environmental impact report, as changes serve different purposes and are implemented independently. 		Environmental Law Apr. 26, 2017
P. v. Costella
Arson conviction affirmed, where there is sufficient evidence that land that burned was "forest land" within meaning of arson statute. 		Criminal Law and Procedure Apr. 25, 2017
Sierra Club v. County of Sonoma (Ohlson)
Requirements of Sonoma ordinance governing grading permits pertaining to specific vineyard application are objective, rendering issuance of permit 'ministerial' and exempt from CEQA review. 		Environmental Law Apr. 25, 2017
Nautilus Inc. Yang
Despite misapplication of burden of proof, good faith defense established to claim of fraudulent conveyance. 		Real Property Apr. 25, 2017
California PUC v. FERC
FERC acts arbitrarily and capriciously in failing to allocate shortfall in settlement clearing account among all market participants. 		Utilities Apr. 25, 2017
State of Hawaii v. Trump
Order 		Apr. 25, 2017
In re Kirchner
Penal Code Section 1170(d)(2), which allows minor defendants sentenced to life without parole to petition for resentencing, does not meet review requirements established in 'Miller v. Alabama.' 		Criminal Law and Procedure Apr. 25, 2017
City of Los Angeles v. AECOM Services Inc.
Neither Title II of ADA nor Section 504 of Rehabilitation Act preempt state-law claims for contribution, resulting in reversal of order dismissing city's third-party claims. 		Disability Discrimination Apr. 25, 2017
Marina Pacifica Homeowners v. Southern Cal. Fin. Corp.
Amendments to Civil Code section does not make transfer fee unenforceable, due to savings clause that keeps fees at issue enforceable 		Civil Procedure Apr. 25, 2017
People v. Mendoza
Defendant, a minor tried as an adult, unsuccessful in obtaining relief where Proposition 57 does not apply retroactively. 		Criminal Law and Procedure Apr. 24, 2017
In re B.M.
Trial court correctly finds that common butter knife used by defendant is deadly weapon within meaning of Penal Code Section 245(a)(1). 		Criminal Law and Procedure Apr. 24, 2017
Kwan v. SanMedica International LLC
Motion to dismiss complaint properly granted, where plaintiff fails to allege facts to support finding that defendant's advertising claims were actually false. 		Consumer Law Apr. 24, 2017
People v. Valdez
Petition for recall of sentence under Proposition 36 properly denied, where defendant is 'armed' with weapon even though weapon is not in his possession at time it is discovered. 		Criminal Law and Procedure Apr. 24, 2017
People v. Superior Court (Rodas)
Trial court exceeds jurisdiction in granting defendant's motion to withdraw no contest plea, where defendant moves to withdraw plea beyond period allowed in statute. 		Criminal Law and Procedure Apr. 24, 2017
U.S. v. Fryberg
Return of service proving defendant had notice of a domestic violence hearing regarding him rightly deemed admissible under the public record exception to hearsay. 		Criminal Law and Procedure Apr. 24, 2017
Pacific Gas and Electric Co. v. Superior Court (Rowe)
PG&E cannot assert recreational use immunity as shield from negligence claim stemming from fallen tree, where payment of consideration in exchange for permission to enter park abrogates immunity. 		Immunity Apr. 24, 2017
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. 		Prisoners Rights Apr. 24, 2017
U.S. v. Johnson
Under Mandatory Victim Restitution Act, restitution may flow from events other than the count of conviction, if harm caused was part of defendant's 'scheme, conspiracy, or pattern.' 		Remedies Apr. 24, 2017
Citizens for Beach Rights v. San Diego
Lawsuit asserting expiration of issued site development permit barred by statute of limitations, as complaint is filed more than 90 days after City's issuance of building permit. 		Government Apr. 24, 2017
People v. Wismer
Juror's experiment comparing other juror's reaction to false accusation of wrongdoing to defendant's reaction to accusations constitutes misconduct requiring reversal of convictions. 		Criminal Law and Procedure Apr. 24, 2017
De La Torre v. CashCall
Order 		Apr. 24, 2017
CTIA v. City of Berkeley
City ordinance requiring cellphone providers to post FCC safety guidelines in stores not violative of First Amendment, as City has interest in limiting commercial speech to promote public health. 		Constitutional Law Apr. 24, 2017
Weeden v. Johnson
Attorney's failure to pursue psychological testing for minor client accused of felony murder constitutes ineffective assistance of counsel, as not pursuing testing is not a 'trial strategy.' 		Attorneys Apr. 24, 2017
People v. Harris
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? 		Apr. 21, 2017
People v. Kennedy
Was the jury properly instructed on the "kill zone" theory of attempted murder? 		Apr. 21, 2017
People v. Lowery
For the purpose of the distinction between felony and misdemeanor forgery, is the value of an uncashed forged check the face value (or stated value) of the check or only the intrinsic value of the paper it is printed on? 		Apr. 21, 2017
Gabrielle A. v. County of Orange
No contest plea entered in dependency court determined not to be entered under coercion is properly considered in subsequent civil trial challenging, among other things, jurisdiction of previous case. 		Family Law Apr. 21, 2017
Tepper v. Wilkins
Demurrer properly sustained without leave to amend, where plaintiff lacks standing to bring elder abuse action against her siblings on behalf of their mother. 		Torts Apr. 21, 2017
Broadway Victoria LLC v. Norminton, Wiita & Fuster
Grant of nonsuit proper, where claim for breach of fiduciary duty duplicative of claim for professional negligence. 		Attorneys Apr. 21, 2017
Baranchik v. Fizulich
Plaintiff whose criminal conviction was dismissed may not pursue excessive force claim against officer due to bar under 'Heck v. Humphrey.' 		Civil Rights Apr. 21, 2017
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