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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Citizens for Odor Nuisance Abatement v. City of San Diego
City beats public nuisance case relating to noxious sea lion odors, where there is no triable issue as to causation. 		Civil Procedure Feb. 10, 2017
Daniel v. Wayans
Actor-producer prevails in racial discrimination lawsuit filed by movie extra accusing actor of comparing him to a cartoon character and calling him a derogatory term. 		Anti-SLAPP Feb. 10, 2017
In re M.R.
Juvenile court appropriately grants presumed father status to man, despite lack of continuous living arrangement, due to strong relationship with minor. 		Family Law Feb. 10, 2017
Vasserman v. Henry Mayo Newhall Memorial Hospital
Arbitration properly denied where collective bargaining agreement did not include clear and unmistakable waiver of plaintiff's right to judicial forum for statutory claims. 		Arbitration Feb. 9, 2017
Medina v. GEICO Indemnity Co.
Summary judgment properly granted in insurance company's favor, where employee's personal automobile policy does not cover 'non-owned' van furnished by her employer for her regular use. 		Insurance Feb. 9, 2017
Marriage of Schleich
Award for husband's breaches of fiduciary duty under Family Code Section 1101 overturned where post-separation disclosure violations had no impact on community estate. 		Family Law Feb. 9, 2017
People v. Martinez
Statute requiring restitution for victims of Penal Code Section 288 includes victims of Section 288.5, as bar on Section 288.5 victims would be 'absurd.' 		Criminal Law and Procedure Feb. 9, 2017
Cuenca v. Cohen
Stipulated judgments involving now-dissolved redevelopment agency does not require successor agency to release unencumbered funds for new low-income housing projects. 		Government Feb. 8, 2017
Just Film v. Buono
Despite differences in injury, representative makes showing that broad scheme of fraud by companies leasing credit card machines is common to members of class, meeting certification requirements. 		Civil Procedure Feb. 8, 2017
U.S. v. Peralta-Sanchez
Due process does not require alien be offered opportunity to secure counsel in context of expedited removal proceeding under 8 U.S.C. section 1225. 		Criminal Law and Procedure Feb. 8, 2017
U.S. v. Loucious
Suppression motion erroneously granted where officer's 'Miranda' warnings, though not verbatim, reasonably conveyed suspect's right to an attorney prior to custodial questioning. 		Criminal Law and Procedure Feb. 8, 2017
Prather v. AT&T
Relator plaintiff with speculative information regarding telecom companies' overcharging for surveillance services is not an 'original source' for purposes of FCA suit alleging claims in public domain. 		Government Feb. 7, 2017
County of Imperial Treasurer-Tax Collector v. Stadmueller (In re RW Meridian LLC)
Debtor retains equitable and legal rights to property though its right to redeem has lapsed; postpetition tax sale therefore void for violating automatic stay. 		Bankruptcy Feb. 7, 2017
People v. Frutoz
Defendant convicted of possession of firearm by a felon is not entitled to resentencing, where finding he was armed with firearm during commission of offense is disqualifying. 		Criminal Law and Procedure Feb. 7, 2017
Stella v. Asset Management Consultants Inc.
Judicial referee properly dismissed investor's fraud and related claims given sophisticated investor's failed attempt to assert delayed discovery rule concerning seller-paid commissions. 		Civil Procedure Feb. 7, 2017
N.S. v. Superior Court (Alameda County Social Services Agency)
Petition for writ of mandate granted in non-minor dependent's favor, where juvenile court should not have required dependent's psychotherapist to testify as to confidential communications. 		Juveniles Feb. 7, 2017
Sanchez v. Kern Emergency Medical Transportation Corp.
Summary judgment in favor of ambulance company affirmed, where plaintiff's expert witness' statements properly excluded and plaintiff cannot demonstrate triable issue of material fact. 		Evidence Feb. 6, 2017
U.S. v. Lindsey
Order 		Feb. 6, 2017
Mayes v. WinCo Holdings Inc.
Worker's gender discrimination claim revived where proffered evidence of supervisor's animus constituted direct and indirect evidence of pretext sufficient to overcome summary judgment. 		Employment Law Feb. 6, 2017
Poublon v. C.H. Robinson Co.
Employer wins reversal of denial of motion to compel arbitration, where dispute resolution provision is not tainted with illegality and invalid portions can be severed. 		Arbitration Feb. 6, 2017
Arizona Dream Act Coalition v. Brewer
Order 		Feb. 6, 2017
M.R., a Minor
Parents' problematic use of alcohol placed children in substantial risk of harm although mother's arrest for drunk driving was only a one-time episode. 		Dependency Feb. 3, 2017
People v. Garcia
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a felony drug offense even though the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47? 		Feb. 3, 2017
People v. Medrano
In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? In other words, should People v. Favor (2012) 54 Cal.4th 868 be reconsidered in light of Alleyne v. United States (2013) ___ U.S. ___ [133 S.Ct. 2151] and People v. Chiu (2014) 59 Cal.4th 155? 		Feb. 3, 2017
People v. Pinkston
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, section 1170.126)? 		Feb. 3, 2017
Center for Biological Diversity v. EPA
In citizen suit alleging EPA failed to comply with Endangered Species Act consultation requirement regarding pesticides, dismissal reversed as to one category of sub-claims. 		Environmental Law Feb. 3, 2017
Dixon v. Baker
Court improperly dismissed habeas case after amended petition raised unexhausted claims, as petitioner filed state claims pro se, lacking ability to understand technical requirements of exhaustion. 		Prisoners Rights Feb. 3, 2017
Sharemaster v. U.S. Securities & Exchange Commission
SEC properly concludes that 'live' sanction is required for disciplinary action to be reviewable, but errs in concluding that penalty imposed on broker-dealer was not live. 		Securities Feb. 3, 2017
People v. Johnson
Proposition 47 does not apply retroactively to allow for resentencing in cases in which enhancements were added for previous felony convictions later designated as misdemeanors. 		Criminal Law and Procedure Feb. 3, 2017
Western Surety Co. v. La Cumbre Office Partners LLC
LLC bound by agreement signed by person despite misstated position and where third party was unaware of signer's lack of authority to execute agreement. 		Corporations Feb. 3, 2017
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