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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Shaw v. Superior Court (THC-Orange County Inc.)
Employee has no right to jury trial in retaliatory termination action under Health and Safety Code Section 1278.5. 		Administrative Agencies Apr. 11, 2017
S.H. v. United States
'Foreign country' exception to Federal Tort Claims Act bars action filed by family for injuries suffered by their child resulting from premature birth in Spain. 		Torts Apr. 11, 2017
Nasby v. McDaniel
Failure of habeas court to obtain or review record of state court proceedings requires remand so that court may conduct proper independent review. 		Criminal Law and Procedure Apr. 11, 2017
People v. Tovar
Substantial evidence supports gang enhancement, where defendant conspired to commit murder to benefit gang subset and not just larger umbrella gang. 		Criminal Law and Procedure Apr. 11, 2017
People v. Sloat
Petition to designate felony petty theft conviction to misdemeanor improperly denied due to trial court's erroneous application of misdemeanor shoplifting statute. 		Criminal Law and Procedure Apr. 11, 2017
Scholes v. Lambirth Trucking Co.
Relation-back doctrine cannot save property owner's trespass claim against adjacent neighbor for damages from fire that started on neighbor's property. 		Civil Procedure Apr. 10, 2017
California Chamber of Commerce v. State Air Resources Board
Challenges to California's cap-and-trade program rejected, where implementing regulations do not exceed scope of legislative delegation and auctions do not equate to a tax. 		Environmental Law Apr. 10, 2017
People v. Martinez
Failure to instruct jury on 'scienter' requirement for commodities fraud conviction is harmless where court addressed requirement to find 'willful' misrepresentations to investors. 		Criminal Law and Procedure Apr. 10, 2017
Stein v. Axis Insurance Co.
Demurrer improperly sustained in favor of insurer where willful misconduct exception from coverage did not apply to insured's tender of defense expenses. 		Insurance Apr. 10, 2017
U.S. v. Arriaga-Pinon
Sentence enhancement based on prior California theft conviction overturned where record of conviction does not establish offender was convicted of aggravated felony theft offense. 		Criminal Law and Procedure Apr. 10, 2017
Fortson v. Los Angeles City Attorney’s Office
Civil rights action properly dismissed, where plaintiff's constitutional challenges to ten-year firearm ban imposed following conviction for misdemeanor domestic violence unavailing. 		Civil Rights Apr. 10, 2017
Santillan v. USA Waste of California Inc.
Summary judgment improperly granted in favor of employer for firing of elderly garbage truck driver where employee established prima facie case of age discrimination. 		Employment Law Apr. 10, 2017
Boston v. Kitsap County
Washington's special tolling statute applicable to tort claims filed against government inapplicable to toll Section 1983 claims, rendering former jail inmate's lawsuit time-barred. 		Civil Procedure Apr. 10, 2017
Mavrix Photographs LLC v. LiveJournal Inc.
Summary judgment erroneously granted in favor of LiveJournal concerning posting of copyrighted material on popular online community, 'Oh No They Didn't!' 		Copyright Apr. 10, 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. 7, 2017
People v. Truong
Banker cannot be convicted of both fraudulent possession of access card information and receiving stolen property based on possession of her neighbors' credit cards. 		Criminal Law and Procedure Apr. 7, 2017
DisputeSuite.com LLC v. ScoreInc.com
Defendant not entitled to attorney fees for obtaining dismissal of contract action in California based on forum selection clause specifying Florida jurisdiction. 		Contracts Apr. 7, 2017
McGill v. Citibank N.A.
Arbitration agreement waiving right to pursue public injunctive relief violates California law and is not preempted by Federal Arbitration Act. 		Arbitration Apr. 7, 2017
Batze v. Safeway Inc.
Employees unsuccessful in challenging judgment in employers' favor, where substantial evidence supports employees' status as exempt from overtime rules. 		Labor Law Apr. 6, 2017
Danger Panda LLC v. Launiu
Minor displaced by Ellis Act is not a 'tenant' under the San Francisco Rent Ordinance and is therefore not entitled to relocation payment. 		Real Property Apr. 6, 2017
People v. Parrott
Trial court's acceptance of vague invocation of right to self-representation is harmless error, as defendant's counsel only absent at sentencing hearing, deemed a formality. 		Criminal Law and Procedure Apr. 6, 2017
People v. Scott
Exclusion of defendant's family during portion of trial violated his constitutional right to public trial, resulting in reversal of convictions on affected counts. 		Criminal Law and Procedure Apr. 6, 2017
Maloney v. T3Media Inc.
Special motion to strike properly granted where Copyright Act preempted former student athletes' common law and California statutory publicity-rights claims. 		Copyright Apr. 6, 2017
PNC Bank v. Sterba (In re Sterba)
Bankruptcy Appellate Panel erroneously applies California's shorter limitations period in finding creditor's claim untimely instead of Ohio's laws as stated in parties' promissory note. 		Bankruptcy Apr. 6, 2017
U.S. v. Gasca-Ruiz
District court's application of Sentencing Guidelines to facts of a case are generally reviewed for abuse of discretion, resolving intra-circuit conflict over proper standard of review. 		Criminal Law and Procedure Apr. 6, 2017
Isabella M., a Minor
Juvenile court properly denied alleged father's belated effort to adjust parental status where child's best interest lay in remaining in current placement. 		Dependency Apr. 6, 2017
People v. Bryant
Electronics search condition stricken from offender's term of mandatory supervision where it has no relation to crime of conviction, possessing concealed weapon in vehicle. 		Criminal Law and Procedure Apr. 5, 2017
People v. Rascon
Person sentenced prior to enactment of Proposition 64 for possession of marijuana for sale whose judgment is not yet final is not automatically entitled to reduction of punishment. 		Criminal Law and Procedure Apr. 5, 2017
Small Business Administration v. Bensal
Debtor's disclaimer of inheritance is voidable transfer despite California law establishing otherwise, as Federal Debt Collection Procedures Act's definition of fraudulent transfer trumps state law. 		Statutory Interpretation Apr. 5, 2017
Young v. City of Coronado
City of Coronado's historical resource designation of old Spanish Bungalow style cottage upheld, preventing owner from demolishing property. 		Criminal Law and Procedure Apr. 5, 2017
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