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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
People v. Aguilar
Defendant unsuccessful in arguing that restitution order must be vacated because it lacks factual nexus to damage caused by his graffiti vandalism. 		Criminal Law and Procedure Oct. 27, 2016
People v. Navarette
Mexican murder conviction cannot count as 'strike' as elements of crime do not match CA definition of murder due to possibility of self-defense justification. 		Criminal Law and Procedure Oct. 27, 2016
Anderson v. Fitness International
Health club's slick shower surface, slanted near drains, does not amount to gross negligence; membership waiver is defense to ordinary negligence claims. 		Torts Oct. 27, 2016
People v. Lopez
Trial court has jurisdiction to recall sentences of juvenile nonhomicide offenders after their LWOP sentences had been modified pursuant to 'Graham v. Florida.' 		Juveniles Oct. 26, 2016
People v. Padilla
Life without parole sentence for juvenile offender imposed under SCOTUS 'Miller' decision must be reconsidered in light of recent 'Montgomery' decision addressing LWOP under Eighth Amendment. 		Constitutional Law Oct. 26, 2016
Wolf Metals Inc. v. Rand Pacific Sales Inc.
In case involving default judgment, debtor-company's president improperly named as additional judgment debtor based on 'alter ego' theory. 		Civil Procedure Oct. 26, 2016
Agricultural Labor etc. Board v. Superior Court
Attorney-client relationship exists between Cal. Agricultural Labor Relations Board and Board's general counsel; communications between parties in advance of injunction action protected from PRA request. 		Administrative Agencies Oct. 26, 2016
People v. Sotelo-Urena
Exclusion of expert testimony regarding homeless man's heightened perception of deadly threat resulted in prejudice, warrants reversal of murder conviction. 		Criminal Law and Procedure Oct. 26, 2016
Rollins v. SEIU-UHW
Union's failure to consider member's unique seniority agreement could constitute a breach of representative duty, meriting reversal of summary judgment in union's favor. 		Labor Law Oct. 26, 2016
Schwartz v. Arena Pharmaceuticals Inc.
Putative federal securities class action may proceed, where plaintiff properly pled scienter regarding pharmaceutical company's failure to disclose results of adverse animal studies. 		Securities Oct. 26, 2016
Shepard v. Quillen
Plaintiff-inmate wins reversal of summary judgment where genuine issue of material fact exists as to whether corrections lieutenant retaliated against inmate for reporting officer misconduct. 		Prisoners Rights Oct. 26, 2016
Millview Co. Water Dist. v. State Water Resources Control Board
Litigation securing appellate opinion on water rights does not merit private attorney general attorney fees as claimants' million dollar stakes do not 'transcend personal interest.' 		Attorneys Oct. 26, 2016
Khosh v. Staples Construction Co. Inc.
General contractor not liable for injuries suffered by independent contractor's employee on either retained control or nondelegable duty theories. 		Torts Oct. 26, 2016
Humboldt County Adult Protective Services v. Superior Court (Magney)
Attorney fees request under Health Care Decisions Law erroneously denied where county had no reasonable cause to invoke the Law. 		Health Care Oct. 25, 2016
D’Egidio v. City of Santa Clarita
Exclusivity provision of Outdoor Advertising Act does not preclude application of county or city billboard ordinances with respect to billboard erected when area was unincorporated. 		Municipal Law Oct. 25, 2016
People v. Wright
Speculative hebephilia diagnosis by expert psychologist who had no knowledge of victims' sexual development not enough to commit defendant to state hospital under Sexually Violent Predator Act. 		Criminal Law and Procedure Oct. 25, 2016
Mealing v. Diane Harkey for Board of Equalization 2014
Creditor seeking to collect judgment may not obtain restraining order barring payments to judgment debtor's wife where wife is not 'judgment debtor' under statute. 		Civil Procedure Oct. 25, 2016
Pierson v. Helmerich & Payne International Drilling Co.
Employer not liable for traffic collision caused by employee while driving co-workers to employer-paid hotel under the 'going and coming rule.' 		Torts Oct. 25, 2016
San Diegans for Open Government v. City of Oceanside
City council agenda note for consideration of proposed hotel project meets requirements of Brown Act by referencing development of city property and subsidy possibilities. 		Government Oct. 25, 2016
Goglin v. BMW of North America LLC
Consumer properly awarded attorney fees under Song-Beverly Act in connection with the purchase of a used BMW vehicle. 		Consumer Law Oct. 24, 2016
In re Alexander P.
Family court divested of jurisdiction regarding parentage once dependency petition filed, and therefore juvenile court erroneous in concluding it is bound by family court's findings on such issue. 		Juveniles Oct. 24, 2016
Alaska Oil and Gas Ass’n v. Pritzker
NMFS listing of polar seal population as endangered species based on predictive 100-year model of climate change not an 'arbitrary and capricious' decision. 		Environmental Law Oct. 24, 2016
SunEarth Inc. v. Sun Earth Solar Power Co.
Recent U.S. Supreme Court decisions altering how courts should analyze requests for attorney fees under Lanham Act require use of 'totality of the circumstances' test. 		Attorneys Oct. 24, 2016
Tellez v. Lynch
For purpose of reinstating removal order, alien 'reentered' U.S. when she was previously removed at border-crossing checkpoint. 		Immigration Oct. 24, 2016
Minnegren v. Nozar
Plaintiff in two-car collision unsuccessful in overturning judgment for defendant where substantial evidence supports jury verdict that defendant was not negligent. 		Torts Oct. 24, 2016
Alki Partners v. DB Fund Services
Failure to calculate net asset values for hedge fund not breach of contract, as portfolio manager witheld information of confidential settlement necessary to calculate values. 		Contracts Oct. 24, 2016
NewGen LLC v. Safe Cig LLC
Challenge to default judgment as void for lack of subject matter jurisdiction unsuccessful where court properly allows amendment of complaint to cure inadequately pled jurisdiction. 		Civil Procedure Oct. 23, 2016
Williams v. Johnson
Under AEDPA, convicted murderer's habeas petition for Sixth Amendment violation, based on anti-prosecution-biased juror being dismissed for unwillingness to follow law, fails. 		Constitutional Law Oct. 23, 2016
People v. Cady
Driver obtains reversal of one of his drunk driving convictions where one was a lesser included offense of the other. 		Criminal Law and Procedure Oct. 23, 2016
United States v. Doe
Order 		Criminal Law and Procedure Oct. 23, 2016
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