Decisions

9th Cir.

Kum Tat Limited v. Linden Ox Pasture, LLC

No jurisdiction to hear interlocutory appeal of arbitration motion based on state law only and not filed under Federal Arbitration Act (Hurwitz, J.)

No. 14-17472
William Horsley Orrick, III, District Judge, Presiding Before: Carlos F. Lucero,*Susan P. Graber, and Andrew D. Hurwitz, Circuit Judges.

9th Cir.

Mashiri v. Epsten Grinnell and Howell

Homeowner alleged plausible FDCPA claims based upon law firm's demand letter for overdue homeowners' association assessment (Paez, J.)

No. 14-56927
Janis L. Sammartino, District Judge, Presiding Before: Dorothy W. Nelson and Richard A. Paez, Circuit Judges, and Elaine E. Bucklo,* District Judge.

C.A. 4th

Espinoza v. Shiomoto

Driver's failure to submit to breath test after refusing warrantless blood alcohol test supported license suspension under implied consent law (McKinster, J.)

No. E064252

C.A. 4th

In re M.F.

Probation condition unconstitutionally interfered with minor's ability to communicate via internet (Aaron, J.)

No. D068971

9th Cir.

Okafor v. United States

FedEx's delayed delivery to DEA of claim challenging forfeiture of cash did not entitle claimant to equitable tolling (Tashima, J.)

No. 14-17087
Laurel D. Beeler, Magistrate Judge, Presiding Before: A. Wallace Tashima and Milan D. Smith, Jr., Circuit Judges, and Edward R. Korman,* District Judge.

C.A. 5th

Swart Enterprises, Inc. v. Franchise Tax Board

Passive ownership of fractional interest in limited liability corporation did not constitute "doing business" within meaning of California franchise tax law (Peña, J.)

No. F070922

9th Cir.

In re Apple iPhone Antitrust Litigation

iPhone owners were "direct purchasers" with statutory standing to allege Apple's monopolization of iPhone app market (Fletcher, J.)

No. 14-15000
Yvonne Gonzalez Rogers, District Judge, Presiding Before: A. Wallace Tashima and William A. Fletcher, Circuit Judges, and Robert W. Gettleman,* District Judge.

C.A. 1st

People v. Bush

Defendant's waiver of counsel was not rendered invalid for failure of trial court to specifically advise of all potential monetary fines (Rivera, J.)

No. A140589

C.A. 2nd

Anna M. v. Jeffrey E.

Support of parent paid by friend was not income for child-support purposes (Bigelow, P.J.)

No. B267004

9th Cir.

United States ex rel. Kelly v. Serco, Inc.

Qui tam plaintiff failed to show claim for payment against government was actionable for failure of claimant to comply with pertinent report-ing and tracking guidelines

No. 14-56769
William Q. Hayes, District Judge, Presiding Before: Richard C. Tallman, Barrington D. Parker, Jr.,* and Morgan B. Christen, Circuit Judges.

9th Cir.

Gardner v. Commissioner of Internal Revenue

Allegedly nontaxable maintenance payments from "church" controlled by taxpayers were in fact taxable income received by taxpayers for their services to church (Callahan, J.)

No. 13-72699
Before: Michael Daly Hawkins, Consuelo M. Callahan, and Andrew D. Hurwitz, Circuit Judges.

C.A. 4th

In re Cook

Defendant sentenced in 2007 entitled to new hearing to make record of mitigating evidence tied to youth (Fybel, J.)

No. G050907

C.A. 2nd

Healthsmart Pacific, Inc. v. Kabateck

Anti-SLAPP statute precluded defamation suit premised on attorneys' media statements about pending healthcare fraud case (Rothschild, P. J.)

No. B264300

C.A. 3rd

People ex rel. Pierson v. Superior Court (South Lake Tahoe Police Officers Association)

Law prohibiting grand jury inquiry into peace officers' use of lethal force is unconstitutional (Butz, P.J.)

No. C081603

9th Cir.

United States v. Williams

Officers had probable cause to search defendant whose flight obstructed their lawful actions (Wallace, J.)

No. 15-10008
Richard F. Boulware, District Judge, Presiding Before: J. Clifford Wallace and Alex Kozinski, Circuit Judges and Robert H. Whaley,* Senior District Judge.

C.A. 2nd

Mathews v. Harris

Therapy and counseling patients have no constitutional right of privacy to prevent counselors' compliance with state law mandating reporting of child pornography (Boren, P.J.)

No. B265990

9th Cir.

Pure Wafer Incorporated v. City of Prescott

City ordinance did not impair prior contract with manufacturer in violation of Contracts Clause (O'Scannlain, J.)

No. 14-15940
James A. Teilborg, Senior District Judge, Presiding Before: Diarmuid F. O'Scannlain, Richard R. Clifton, and N. Randy Smith, Circuit Judges.

C.A. 1st

People v. Epperson

Enhanced sentencing range applicable to robbery in concert also applies to attempted robbery in concert (Needham, J.)

No. A145868

C.A. 4th

People v. Gonzalez

Post-release community supervision of homeless defendant could not be revoked for failure to report change of residence (Fybel, J.)

No. G052436

U.S. Sup. Ct.

White v. Pauly

Officer did not violate clearly established law in responding with gunfire to shots fired at fellow officers (per curiam)

No. 16–67

9th Cir.

Puri v. Khalsa

Neither ministerial exception nor doctrine of ecclesiastical abstention required dismissal of dispute over control of entities associated with religious community (Fisher, J.)

No. 13-36024
Michael W. Mosman, Chief District Judge, Presiding Before: Raymond C. Fisher, Marsha S. Berzon and Paul J. Watford, Circuit Judges.

9th Cir.

Navarro v. Encino Motorcars, LLC

Auto dealership service advisors not exempt from Fair Labor Standards Act overtime wage requirement (Graber, J.)

No. 13-55323
Before: Susan P. Graber and Kim McLane Wardlaw, Circuit Judges, and James C. Mahan,* District Judge.

C.A. 4th

In re Marriage of McLain

Retired spouse had right to remain retired (Miller, J.)

No. E062884

9th Cir.

Guerrero-Roque v. Lynch

Immigration statute does not authorize waiver of convictions involving moral turpitude or drugs for cancellation of removal purposes (per curiam)

No. 14-72082
Before: Alex Kozinski, Ronald Lee Gilman,** and Michelle T. Friedland, Circuit Judges.

C.A. 4th

Bigler-Engler v. Breg, Inc.

Excessive damages award appeared to result from counsel's inflammatory rhetoric (Haller, J.)

No. D063556

9th Cir.

Byrd v. Maricopa County Board of Supervisors

Ninth Circuit precedent did not foreclose pretrial detainee's claims that female guards' observation of male detainees in shower and bathroom violated Fourth and Fourteenth Amendment rights (Owens, J.)

No. 15-16282
Neil V. Wake, District Judge, Presiding Before: Stephen Reinhardt and John B. Owens, Circuit Judges, and Salvador Mendoza, Jr.,*District Judge.

C.A. 1st

People v. Starski

False claim to be attorney not protected free speech (Richman, Acting P.J.)

No. A145450

C.A. 4th

Silva v. Sees Candy Shops, Inc.

Employee failed to meet burden to show that employer's timekeeping policies resulted in underpayment (Haller, J.)

No. D068136

C.A. 4th

Cape Concord Homeowners Association v. City of Escondido

Homeowners not entitled to refund of sewer service fees for portion of property not connected to sewer system (Nares, J.)

No. D069620

C.A. 4th

Hernandez v. Town of Apple Valley (Walmart Stores, Inc.)

Town council violated Brown Act by failing to include retailer's gift in meeting agenda (Miller, J.)

No. E063721

9th Cir.

United States v. Acevedo-De La Cruz

Violation of state-court protective order was crime of violence under sentencing guidelines (Ikuta, J.)

No. 15-10418
Rosemary Marquez, District Judge, Presiding Before: Carlos T. Bea and Sandra S. Ikuta, Circuit Judges, and Jane A. Restani, Judge.*

Ca. Sup. Ct.

Barry v. The State Bar of California

Lack of jurisdiction to entertain claim did not deprive trial court of jurisdiction to rule on anti-SLAPP motion targeting that claim (Kruger, J.)

Ca. A.G.

Opinion of Kamala D. Harris (15-1202)

When the office of county sheriff becomes available because of the sheriff's death, the next election to fill the office of sheriff must coincide with the next state gubernatorial election. The board of supervisors may not call a special election to fill the office before that time.

No. 15-1202

9th Cir.

Chan Healthcare Group, PS v. Liberty Mutual Fire Insurance Co.

CAFA diversity jurisdiction the only issue subject to review on appeal from district court order remanding class action to state court (McKeown, J.)

Nos. 16-35210, 16-80019
Ricardo S. Martinez, Chief Judge, Presiding Before: M. Margaret McKeown, Richard C. Tallman, and Morgan B. Christen, Circuit Judges.

C.A. 4th

Hernandez v. Ross Stores, Inc.

Employee may not be compelled to arbitrate individual claims as precondition to judicial resolution of PAGA claims (Miller, J.)

No. E064026

Super. Ct. (App. Div.)

North 7th Street Associates v. Constante

Three-day notice to pay or quit invalid as to unpermitted rental unit (Dymant, J.)

No. BV 031357

9th Cir.

Connors v. National Transportation Safety Board

Revocation of aircraft registration certificate was correctly imposed where plane carried marijuana (Nguyen, J.)

No. 15-70333
Before: Marsha S. Berzon and Jacqueline H. Nguyen, Circuit Judges, and Jack Zouhary,**District Judge.

9th Cir.

Hardwick v. County of Orange

County social workers not entitled to immunity from civil suit for alleged use of perjured testimony and fabricated evidence in juvenile dependency proceedings (Trott, J.)

No. 15-55563
Josephine L. Staton, District Judge, Presiding Before: Stephen S. Trott, John B. Owens, and Michelle T. Friedland, Circuit Judges.

9th Cir.

Briseno v. ConAgra Foods, Inc.

"Administrative feasibility" not prerequisite to class certification (Friedland, J.)

No. 15-55727
Margaret M. Morrow, District Judge, Presiding Before: William A. Fletcher, Morgan B. Christen, and Michelle T. Friedland, Circuit Judges.

C.A. 4th

People v. Cady

Driving under influence of alcohol not lesser included offense of driving under influence of alcohol and drugs (Irion, J.)

No. D068582

C.A. 5th

People v. Munguia

Home whose owner arrived before burglars departed was "occupied" for sentencing enhancement purposes (Kane, J.)

No. F070141 & F070169

C.A. 2nd

City of Los Angeles v. City of Los Angeles Employee Relations Board (Department of Water and Power Management Employees Association)

City of Los Angeles could challenge adverse ruling of city's employee relations board by mandate petition filed in superior court (Aldrich, J.)

No. B261246

C.A. 1st

In re Perez

Inmate's denial of culpability not sufficient, without more, to justify parole denials (Kline, P.J.)

No. A145279 & A148392

C.A. 1st

Cal Fire Local 2881 v. California Public Employees Retirement System

2003 statute did not give eligible public employees vested right to purchase "airtime" service credit (Jenkins, J.)

No. A142793

Ca. Sup. Ct.

Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California)

Invoices to public agency for legal services are privileged only if they pertain to currently active cases (Cuéllar, J.)

9th Cir.

In re Kupfer

Statutory cap on landlord claims in bankruptcy applies only to claims arising directly from lease termination (Graber, J.)

No. 14-16697
William Horsley Orrick III, District Judge, Presiding Before: Susan P. Graber and Mary H. Murguia, Circuit Judges, and Mark W. Bennett,* District Judge.

C.A. 6th

Khan v. Shim

Voluntary dismissal of action bars defendant's recovery of fees incurred in defense of contract claims only (Rushing, P.J.)

No. H041608

Ca. Sup. Ct.

People v. Corpening

Forceful taking of van containing valuable coins constituted single act for which multiple punishments were barred (Cuéllar, J.)

C.A. 4th

San Nicolas v. Harris

Washington State offense of communicating with minor for immoral purpose is registrable sex offense in California (McConnell, P.J.)

No. D069769

C.A. 4th

Flores v. Natures Best Distribution, LLC

Ambiguities fatal to claim arbitration agreement was binding (Fybel, J.)

No. G052410

9th Cir.

Great Basin Resource Watch v. Bureau of Land Management

Final Environmental Impact Statement for pit-mining project adopted unsupported baseline of zero for certain air pollutants (Graber, J.)

No. 14-16812
Robert Clive Jones, District Judge, Presiding Before: Susan P. Graber and Mary H. Murguia, Circuit Judges, and Mark W. Bennett,* District Judge.

C.A. 4th

County of San Diego v. Commission on State Mandates

Prop 83 did not eliminate state mandate to reimburse local governments for costs associated with implementing Sexually Violent Predator Act (Huffman, J.)

No. D068657

C.A. 4th

Navigators Specialty Insurance Company v. Moorefield Construction, Inc.

Insurer's duty to defend triggered duty to compensate for costs taxed against insured (Fybel, J.)

No. G050759

C.A. 2nd

McNair v. Superior Court (National Collegiate Athletic Association)

Successful appeal of trial court's denial of anti-SLAPP motion did not give appellant right to disqualify trial judge (Aldrich, J.)

No. B275282

C.A. 4th

Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism

Plaintiffs' amended complaint reopened defendants' time to file anti-SLAPP motion as to newly-pled causes of action (Fybel, J.)

No. G052660

9th Cir.

Davis v. Commonwealth Election Commission

Commonwealth of Northern Mariana Islands law restricting voting to individuals of "Northern Marianas descent" unconstitutional (Thomas, C.J.)

No. 14-16090
Ramona V. Manglona, Chief Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Consuelo M. Callahan and Mary H. Murguia, Circuit Judges.

C.A. 1st

The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency (Mitchell Engineering)

For CEQA purposes, no substantial change between project approved in 1998 and targeted for completion in 2014 (Miller, J.)

No. A147498

Super. Ct. (App. Div.)

People v. Carranza

Custody credits applied toward base fines only for all defendants sentenced after January 1, 2016 (Ricciardulli, Acting P. J.)

No. BR 052691

C.A. 2nd

People v. Meraz

Gang expert's testimony regarding prior interactions with defendants properly admitted at trial (Flier, J.)

No. B245657

C.A. 2nd

People v. Myles

Crime lab analysis fee may not be assessed for crime of cocaine possession while armed with loaded operable firearm (Turner, P.J.)

No. B270409

Super. Ct. (App. Div.)

People v. Walker

Homeowner victimized by unlicensed contractor entitled to victim restitution in full amount of monies paid (Ricciardulli, J.)

No. BR 052772

C.A. 3rd

Gage v. Workers Compensation Appeals Board

WCAB had jurisdiction to impose penalties for unreasonable delay of advance disability pension payments (Duarte, J.)

No. C081618

C.A. 1st

Sagonowsky v. Kekoa

Sanctions under Family Code §271 not authorized where unrelated to attorney fees and costs (Jones, P.J.)

No. A142866/A143234

9th Cir.

Marilley v. Bonham

California's enhanced fees for nonresident commercial fishers violate neither Privileges and Immunities nor Equal Protection Clauses (Fletcher, J.)

No. 13-17358
Donna M. Ryu, Magistrate Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Stephen Reinhardt, Kim McLane Wardlaw, William A. Fletcher, Marsha S. Berzon, Milan D. Smith, Jr., Mary H. Murguia, Jacqueline H. Nguyen, Andrew D. Hurwitz, John B. Owens, and Michelle T. Friedland, Circuit Judges.

C.A. 2nd

Madrigal v. Victim Compensation and Government Claims Board

California Victim Compensation Board bound by federal district court's factual findings in granting habeas petition (Rubin, J.)

No. B265105

9th Cir.

United States v. Shields

Wire fraud charge alleging material omission necessitates jury instruction on defendant's duty to disclose (M. Smith, J.)

No. 14-10561 No. 14-10562
Ronald M. Whyte, District Judge, Presiding Before: A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges, and EDWARD R. KORMAN,*Senior District Judge.

9th Cir.

Barapind v. Government of the Republic of India

Foreign sovereign's exchange of diplomatic notes with U.S. did not waive immunity to judicial action (Restani, J.)

No. 14-16983
Anthony W. Ishii, District Judge, Presiding Before: Carlos T. Bea and Sandra S. Ikuta, Circuit Judges, and Jane A. Restani, Judge.*

C.A. 3rd

San Joaquin County Correctional Officers Association v. County of San Joaquin

County's reduced contributions to employees' pension payments not subject to pension reform legislation delaying such reductions (Duarte, J.)

No. C079413

C.A. 4th

Dual Diagnosis Treatment Center, Inc. v. Buschel

Statements regarding licensing status of drug treatment facility did not concern issue of public interest (Moore, J.)

No. G053046

9th Cir.

Rainero v. Archon Corporation

Securities Litigation Uniform Standards Act does not provide independent basis for federal question jurisdiction over shareholder's state-law claim (Thomas, C.J.)

No. 14-17106
Gloria M. Navarro, Chief Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Carlos T. Bea and Sandra S. Ikuta, Circuit Judges.

9th Cir.

Fowler Packing Company, Inc. v. Lanier

"Carve-outs" in recent wage legislation plausibly shown to violate Equal Protection clause (Gould, J.)

No. 16-16236
Dale A. Drozd, District Judge, Presiding Before: Ronald M. Gould, Richard R. Clifton, and Paul J. Watford, Circuit Judges.

C.A. 4th

People v. Brown

Threats against victim were properly prosecuted as witness intimidation (Ramirez, P.J.)

No. E064318

C.A. 2nd

People v. Elizalde

Defendant's appeal was mooted by sentencing for post-release community supervision violation and immediate release under Prop 47 (Gilbert, P.J.)

2d Crim. No. B267479

C.A. 3rd

People v. Gonzales

Transactionally unrelated identity theft conviction did not preclude Prop 47 relief as to other felony convictions (Butz, Acting P.J.)

No. C078960

9th Cir.

United States v. Thomas

Sentence totaling almost 50 years not unreasonable in light of convictions on multiple counts of conspiracy, armed bank robbery, and use of firearm (Schroeder, J.)

No. 14-10427
David G. Campbell, District Judge, Presiding Before: J. Clifford Wallace, Mary M. Schroeder, and Alex Kozinski, Circuit Judges.

9th Cir.

United States v. Yepiz

District court should not have arbitrarily rejected defendant's letter seeking appointment of counsel (Noonan, J.)

No. 07-50051 No. 07-50062 No. 07-50063 No. 07-50067 No. 07-50070 No. 07-50098 No. 07-50133 No. 07-50142 No. 07-50264
John F. Walter, District Judge, Presiding Before: Stephen Reinhardt, John T. Noonan, and Jacqueline H. Nguyen, Circuit Judges.

9th Cir., B.A.P.

In re Wojcik

Bankruptcy petition preparer was subject to damages and fine for using word "paralegal" in business name and advertising (Kirscher, J.)

BAP No. CC-16-1172-KiFPa
Honorable Scott H. Yun, Bankruptcy Judge, Presiding Before: KIRSCHER, FARIS and PAPPAS,* Bankruptcy Judges.

C.A. 3rd

People v. Franske

Shoplifting statute not limited in scope to theft of "openly displayed merchandise" (Robie, Acting P.J.)

No. C081591

Ca. Sup. Ct.

People v. Mickel

Testimony regarding political motivations for killing police officer properly excluded at murder trial (Cuéllar, J.)

C.A. 2nd

Conservatorship of B.C.

Husband who had allowed his brain-damaged wife to continue abusing drugs could not be trusted to act as her conservator (Perren, J.)

2d Civil No. B270310

C.A. 3rd

Property Reserve, Inc. v. Superior Court (Department of Water Resources)

Landowners were entitled to discovery prior to hearing on state's request for precondemnation entry and testing (Nicholson, J.)

No. C067758 No. C067765 No. C068469

C.A. 1st

Thompson v. Asimos

Real estate broker breached obligation to register collaborator's business with Department of Real Estate (Streeter, J.)

No. A140096

C.A. 4th

People v. Pinon

Prop 47 defendant's parole period could not exceed time remaining for post-release community supervision (Ikola, J.)

No. G051212

9th Cir.

Zapien v. Martel

No due process violation in prosecution's destruction of defense-strategy audio tape (Kozinski, J.)

No. 09-99023
William D. Keller, Senior District Judge, Presiding Before: Alex Kozinski, Johnnie B. Rawlinson and Mary H. Murguia, Circuit Judges.

9th Cir.

Tibble v. Edison International

Benefit plan beneficiaries preserved claim alleging administrator's breach of ongoing duty to monitor investments (M. Smith, J.)

No. 10-56406 No. 10-56415
Stephen V. Wilson, District Judge, Presiding Before: SIDNEY R. THOMAS, Chief Judge, and STEPHEN REINHARDT, BARRY G. SILVERMAN, M. MARGARET MCKEOWN, RICHARD A. PAEZ, RICHARD R. CLIFTON, CARLOS T. BEA, MILAN D. SMITH, JR., JACQUELINE H. NGUYEN, PAUL J. WATFORD and MICHELLE T. FRIEDLAND, Circuit Judges.

9th Cir.

United States v. United Healthcare Insurance Company

Plaintiff stated False Claims Act claim by alleging Medicare providers designed review procedures to identify only under-reported diagnosis codes (Fisher, J.)

No. 13-56746
John F. Walter, District Judge, Presiding Before: Stephen Reinhardt, Raymond C. Fisher and Jacqueline H. Nguyen, Circuit Judges.

C.A. 5th

Gonzales v. City of Atwater

City entitled to statutory immunity for design of traffic light (Gomes, J.)

No. F070832

C.A. 2nd

Veera v. Banana Republic, LLC

Store customers' knowing payment of full price did not preclude claim of reliance on false advertising (Willhite, P.J.)

No. B270796

C.A. 4th

San Diegans for Open Government v. City of San Diego (Sunroad Enterprises)

Substantial conformance review not negative declaration for purposes of CEQA (Nares, J.)

No. D069922

C.A. 4th

In re Ray M.

One county's failure to give another county notice of dependent minor's pending delinquency proceedings constituted prejudicial error (McConnell, P.J.)

No. D070157 No. D070174

C.A. 1st

In re E.G.

Statute permitted reduction of minor's felony offense to misdemeanor where probation was granted without imposition of sentence (Simons, J.)

No. A146287

C.A. 4th

People v. Byers

Officers' alleged violation of knock-and-announce rule did not warrant exclusion of evidence (Ikola, J.)

No. G051068

C.A. 4th

People v. Evans

Sentence could not be enhanced for prior felony reduced to misdemeanor before defendant's judgment of conviction was final (Slough, J.)

No. E064243

Ca. Sup. Ct.

Orange Citizens for Parks and Recreation v. Superior Court (Milan REI IV LLC)

Planning commission resolution had to be reflected in city's general plan to be valid (Liu, J.)

Ca. Sup. Ct.

Raceway Ford Cases

Backdating of automobile finance contracts did not violate ASFA (Liu, J.)

C.A. 3rd

Mendoza v. JPMorgan Chase Bank, N.A.

Borrower lacked standing to challenge alleged irregularities in securitization of loan (Raye, P.J.)

No. C071882

C.A. 2nd

People v. Alexander

Defendant's appeal as to agreed victim restitution fine that was not preceded by claim of error in trial court was barred by statute (Bigelow, P.J.)

No. B270019

C.A. 4th

Beach Break Equities, LLC v. Lowell

Tenant not required to file cross-complaint to seek restitution after reversal of landlord's unlawful detainer judgment (Prager, J.)

No. D069313

9th Cir.

Silvester v. Harris

California's imposition of 10-day waiting period on firearms purchases by persons who already own guns does not violate Second Amendment (Schroeder, J.)

No. 14-16840
Anthony W. Ishii, Senior District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Mary M. Schroeder and Jacqueline H. Nguyen, Circuit Judges.

C.A. 2nd

In re D.R.

No evidence supported dependency court's finding that minor's caretaker was unwilling or unable to adopt (Flier, J.)

No. B269663

C.A. 5th

People v. Martin

Conviction for felony burglary by forged check in grocery store not amenable to Prop 47 reduction to misdemeanor (Detjen, J.)

No. F071654

C.A. 2nd

Wilson v. Cable News Network, Inc.

News agency’s "staffing decisions" regarding behind-the-scenes producer not matter of public interest for purposes of anti-SLAPP motion (Lui, J.)

No. B264944

C.A. 6th

Ryan v. Crown Castle NG Networks, Inc.

Inconsistent verdict warranted retrial on all issues (Rushing, P.J.)

No. H041712

9th Cir.

Confederated Tribes and Bands of the Yakama Indian Nation v. Alcohol and Tobacco Tax and Trade Bureau

Native American nation's action to enjoin federal tobacco excise tax was barred by Anti-Injunction Act (Goodwin, J.)

No. 14-35165
Rosanna Malouf Peterson, District Judge, Presiding Before: Alfred T. Goodwin, Mary M. Schroeder, and M. Margaret McKeown, Circuit Judges.

C.A. 5th

Stand Up For California! v. State of California

Governor lacked authority to concur in Department of Interior's decision to take Indian land into trust for gaming purposes (Smith, J.)

No. F069302

9th Cir.

In re Molasky

Intervenor could continue to litigate adversary claim after adopting complaint filed by dismissed party who had formerly represented his interest (Thomas, C. J.)

No. 14-60080
Pappas, Jury, and Houle, Bankruptcy Judges, Presiding Before: Sidney R. Thomas, Chief Judge, and Ronald Lee Gilman* and Michelle T. Friedland, Circuit Judges.

Ca. Sup. Ct.

People v. Landry

Proposed questions on prospective juror views on prison safety properly rejected as argumentative (Cantil-Sakauye, C.J.)

U.S. Sup. Ct.

Shaw v. United States

Scheme to defraud individual bank depositor by using bank account number to transfer funds to another bank constituted fraud on financial institution (Breyer, J.)

No. 15–5991

9th Cir.

United States v. Rocha-Alvarado

Immigrant's prior conviction for attempted sex abuse was crime of violence for sentencing purposes (Restani, J.)

No. 15-10517
James. A Soto, District Judge, Presiding Before: Carlos T. Bea and Sandra S. Ikuta, Circuit Judges, and Jane A. Restani, Judge.**

C.A. 2nd

De Vries v. Regents of the University of California

Undocumented immigrants are "eligible" for postsecondary education benefits while attending University of California (Segal, J.)

No. B264487

C.A. 2nd

Riske v. Superior Court (City of Los Angeles)

Peace officer personnel records not categorically exempt from discovery in fellow officer's unlawful retaliation case (Perluss, P.J.)

No. B270043

C.A. 4th

B.B. v. Superior Court (San Diego County Health and Human Services Agency)

Agency's failure to follow statute was harmless error where reunification services were not in child's best interest (McConnell, P.J.)

No. D070894

Ca. Sup. Ct.

In re Transient Occupancy Tax Cases

Service fees charged by online travel companies not subject to municipality's transient occupancy tax (Werdegar, J.)

C.A. 4th

Lee v. Silveira

Homeowners association directors' votes on contentious HOA projects were protected activity under anti-SLAPP statute (Benke, J.)

No. D068835

9th Cir.

Kirkpatrick v. County of Washoe

Parent who had no enforceable parental rights when police effected warrantless removal of child from mother's custody did not suffer violation of Fourteenth Amendment rights (Murguia, J.)

No. 12-15080
Edward C. Reed, Jr., District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Alex Kozinski, Diarmuid F. O'Scannlain, Ronald M. Gould, Johnnie B. Rawlinson, Carlos T. Bea, Mary H. Murguia, Morgan B. Christen, Paul J. Watford, Andrew D. Hurwitz, and Michelle T. Friedland, Circuit Judges.

C.A. 1st

In re I.S.

Transferee juvenile court had power to rule on Prop 47 petition to recall disposition previously made by transferor county court (Banke, J.)

No. A147004

9th Cir.

United States v. Loftis

Evidence of uncharged wire fraud transactions not subject to exclusion as "other" crimes evidence where transactions were part of fraudulent scheme as whole (Fisher, J.)

No. 15-30262
Dana L. Christensen, Chief Judge, Presiding Before: William A. Fletcher, Raymond C. Fisher and N. Randy Smith, Circuit Judges.

9th Cir.

Facebook, Inc. v. Power Ventures, Inc.

CAN-SPAM Act did not preclude social networking company's non-misleading promotional efforts via Facebook users (Graber, J.)

No. 13-17102 No. 13-17154
Lucy H. Koh, District Judge, Presiding Before: Susan P. Graber, Kim McLane Wardlaw, and Mary H. Murguia, Circuit Judges.

Super. Ct. (App. Div.)

Active Properties LLC v. Cabrera

Prevailing tenant could invoke post-trial evidentiary proceeding to seek recovery of attorney fees for landlord's unlawful notice to pay or quit (B. Johnson, J.)

No. BV 031320

C.A. 3rd

Alereza v. Chicago Title Company

Negligent escrow company owed no duty of care to tort claimant who was not party to or third-party beneficiary of escrow (Hoch, J.)

No. C075547

Ca. Sup. Ct.

People v. Financial Casualty and Surety, Inc.

Period for exoneration of bail bond may exceed 365 days (Werdegar, J.)

C.A. 2nd

People v. Lopez

Finding that defendant possessed drugs for sale when stopped for traffic violation rendered harmless instructional error on transportation-for-sale charge (Tangeman, J.)

2d Crim. No. B267494

Ca. Sup. Ct.

People v. Melendez

No error in trial court's exclusion of handwritten rap lyrics purportedly incriminating codefendant as sole shooter in fatal robbery (Chin, J.)

9th Cir.

United States v. Nosal

Conspiracy to use someone else's password to access former employer's computer system violated Computer Fraud and Abuse Act (McKeown, J.)

Nos. 14-10037, 14-10275
Edward M. Chen, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge and Stephen Reinhardt and M. Margaret McKeown, Circuit Judges.

C.A. 3rd

Gee v. Estate of Jewett

Plaintiff entitled to relief from dismissal resulting from attorney's mistaken failure to pay change of venue fees (Murray, J.)

No. C077077

C.A. 4th

People v. Johnson

Retrial jury should have been instructed that murder defendant was convicted of gross vehicular manslaughter in prior trial (Hollenhorst, J.)

No. E063172

C.A. 2nd

In re Marriage of Schu

Child abuse properly considered in denying spousal support (Gilbert, P. J.)

2d Civil No. B269831

C.A. 6th

Advent, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA

Safeco burden-shifting principles governed resolution of insurers' equitable contribution claims (Premo, J.)

No. H041934

C.A. 4th

569 East County Boulevard LLC v. Backcountry Against the Dump, Inc.

Trial court had discretionary authority to reduce both billing rate and hours billed in fee award to prevailing party on anti-SLAPP motion (Irion, J.)

No. D068538

C.A. 4th

In re J.S.

Dependent child's juvenile delinquency supported designation as dual status child (Aaron, J.)

No. D070163 No. D070164

C.A. 2nd

People v. Burroughs

Prosecution's expert psychologists should not have been allowed to testify about SVP defendant's unrelated convictions and unproven acts of sexual violence (Collins, J.)

No. B267353

9th Cir.

Japanese Village, LLC v. Federal Transit Administration

Los Angeles underground light rail extension received sufficient environmental analysis before approval (Whyte, J.)

No. 14-56837 No. 14-56973
John A. Kronstadt, District Judge, Presiding Before: Stephen Reinhardt and Kim McLane Wardlaw, Circuit Judges, and Ronald M. Whyte,* District Judge.

U.S. Sup. Ct.

Samsung Electronics Co., Ltd. v. Apple Inc.

With respect to multicomponent products, relevant article of manufacture for arriving at damages award under Section 289 of Patent Act need not be end product sold to the consumer but may be only component of that product (Sotomayor, J.)

No. 15–777

U.S. Sup. Ct.

Salman v. United States

Older case authority supported Ninth Circuit's holding that jury could infer that tipper personally benefited from making gift of confidential information to trading relative (Alito, J.)

No. 15–628

U.S. Sup. Ct.

State Farm Fire and Casualty Co. v. United States ex rel. Rigsby

Violation of requirement that qui-tam complaint remain under seal did not mandate dismissal of fraud complaint against Katrina insurer (Kennedy, J.)

No. 15–513

Ca. Sup. Ct.

People v. Macabeo

Good faith exception to exclusionary rule did not apply to officers' warrantless search of cell phone (Corrigan, J.)

C.A. 3rd

People v. Sanghera

Defendant's failure to testify precluded review of trial court ruling to allow prior misconduct impeachment evidence (Murray, J.)

No. C078933

Ca. Sup. Ct.

People v. Williams

Unsworn videotaped testimony of defense witnesses properly deemed unreliable and inadmissible (Chin, J.)

9th Cir.

United States v. Mohamud

Government's incidental acquisition of defendant's email communications did not violate Fourth Amendment (Owens, J.)

No. 14-30217
Garr M. King, District Judge, Presiding Before: Harry Pregerson, Carlos T. Bea, and John B. Owens, Circuit Judges.

9th Cir.

United States v. Williams

Government could not use at trial county jail prisoner's unadmonished responses to deputy's questions about gang affiliation (Hurwitz, J.)

No. 15-10475
William Horsley Orrick III, District Judge, Presiding Before: Andrew J. Kleinfeld, Johnnie B. Rawlinson, and Andrew D. Hurwitz, Circuit Judges.

C.A. 2nd

In re Marriage of Usher

Family court imputed unreasonably low rate of return on wealthy parent's assets (Manella, J.)

No. B263721

Super. Ct. (App. Div.)

U.S. Financial., L.P. v. McLitus

Three-day notice to quit could not properly be served prior to recording of trustee's deed (by the court)

Case No. 30-2015-00780720

C.A. 2nd

Westside Estate Agency, Inc. v. Randall

Unwritten real estate broker's agreement was unenforceable (Hoffstadt, J.)

No. B268455

C.A. 3rd

Elliott Homes, Inc. v. Superior Court (Hicks)

Right to Repair Act applied to homeowners' claims of construction defects (Blease, Acting P.J.)

No. C078122

C.A. 1st

Eblovi v. Blair (Alifano)

No statutory requirement that petition ballot arguments be written only by persons expressly identified in statute (Pollak, Acting P.J.)

No. A148275

C.A. 2nd

Foxen v. Carpenter

One-year limitations period barred former client's claims alleging attorney misconduct in disposition of settlement funds (Grimes, J.)

No. B268820

C.A. 4th

Lee v. Rich

Judgment debtor whose home was sold to third-party purchaser at judgment creditor's execution sale was not entitled to restitution and cancellation relief (Fybel, J.)

No. G051838

C.A. 1st

People v. McCarrick

Jury instruction on hallucinations encompassed murder defendant's delusions (Rivera, J.)

No. A136822

Ca. Sup. Ct.

People v. Thompson

Defendant had no right to discovery of codefendant's evidence against her (Werdegar, J.)

C.A. 6th

Driscoll v. Granite Rock Company

Concrete truck drivers failed to show employer forced them to forego off-duty meal breaks (Rushing, P.J.)

No. H037662

C.A. 5th

National Shooting Sports Foundation, Inc. v. State of California

Judgment on pleadings against firearm manufacturers meant that claim that compliance with statute was impossible had to be treated as true (Levy, Acting P.J.)

No. F072310

Ca. Sup. Ct.

Kesner v. Superior Court (Pneumo Abex, LLC)

Employers and premises owners owe members of workers' households duty to protect them from secondary exposure to asbestos (Liu, J.)

C.A. 1st

Sutter Health v. Eden Township Healthcare District

No statutory basis for reducing interest accrued on unpaid judgment before public entity debtor obtained long-term payment relief (Dondero, J.)

No. A146002

C.A. 2nd

People v. Shiga

Trial court erred in failing to recognize it had discretion to reevaluate defendant's competency to stand trial or to represent himself (Garnett, J.)

No. B256009

C.A. 1st

Condon v. Daland Nissan, Inc.

Request for second arbitration was not "appeal," and trial court erred in denying request on grounds arbitrator lacked "appellate rules" (Banke, J.)

No. A145613

C.A. 5th

Department of Health Care Services v. Office of Administrative Hearings (Parents on Behalf of Student)

Office of Administrative Hearings had jurisdiction over dispute regarding provision of physical and occupational therapy to developmentally disabled child (Gomes, Acting P.J.)

No. F071023

C.A. 1st

Mission Bay Alliance v. Office of Community Investment and Infrastructure (GSW Arena LLC)

San Francisco's thorough and exhaustive study reflected sufficient environmental analysis in support of approval of professional sports event center (Pollak, J.)

No. A148865

C.A. 2nd

In re Charlotte V.

Dependency court record revealed substantial evidence of compliance with Indian Child Welfare Act notice requirements (Bigelow, P.J.)

No. B269633

9th Cir.

Reyes v. Lynch

Board of Immigration Appeals' articulation of "particularity" and "social distinction" requirements warranted Chevron deference (Callahan, J.)

No. 14-70686
Before: Michael Daly Hawkins, Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges.

C.A. 3rd

Tidwell Enterprises, Inc. v. Financial Pacific Insurance Company, Inc.

Commercial general liability insurer had duty to defend where contractor's fireplace installation allegedly led to ongoing wood damage that eventually resulted in post-coverage fire (Robie, J.)

No. C078665

9th Cir.

Gutierrez v. Colvin

Failure of ALJ to ask more specific questions of vocational expert about disability applicant's ability to work was not error (Burns)

No. 14-35231
Michael W. Mosman, District Judge, Presiding Before: Carlos T. Bea and John B. Owens, Circuit Judges and Larry A. Burns,*District Judge.

U.S. Sup. Ct.

Bravo-Fernandez v. United States

Vacated conviction could nullify preclusive effect of acquittal under issue-preclusion clause of Double Jeopardy Clause, where legal error did not relate to jury's logically inconsistent verdicts (Ginsburg, J.)

No. 15–537

C.A. 3rd

People v. Allen

Prisoner's voluntary departure from assigned place of confinement constituted "escape" (Robie, J.)

No. C079143

C.A. 4th

People v. Houser

Proceeding with trial once reasonable doubt of defendant's competence was raised was prejudicial error (McKinster, J.)

No. E063996

C.A. 3rd

People v. Moore

Circumstantial evidence in "whodunit" murder case was sufficient to support jury's guilty verdict (Raye, P.J.)

3 Crim. C075231

9th Cir.

United States v. Doe

Repeated submission of false identifying information supported defendant's conviction for aggravated identity theft (Garbis, J.)

No. 15-10063
Miranda M. Du, District Judge, Presiding Before: Barry G. Silverman and Jacqueline H. Nguyen, Circuit Judges, and Marvin J. Garbis, Senior District Judge.**

9th Cir.

Hughes v. Kisela

Issues of fact precluded summary judgment in favor of police on claim of excessive force (Sessions, J.)

No. 14-15059
Frank R. Zapata, District Judge, Presiding Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and William K. Sessions III,* District Judge.

9th Cir.

In re Yellowstone Mountain Club, LLC

Barton doctrine applies to Unsecured Creditors' Committee members sued for acts performed in their official capacities (Kozinski, J.)

No. 14-35363
Sam E. Haddon, District Judge, Presiding Before: Alex Kozinski, Richard A. Paez and Marsha S. Berzon, Circuit Judges.

C.A. 1st

Parisi v. Mazzaferro

Civil harassment restraining order may not bar subject from communicating with government agencies (Bruiniers, J.)

No. A145643

C.A. 4th

People v. Garcia

Lengthy sentence not cruel or unusual punishment where youthful offender purposefully shot robbery victim in head (Ramirez, P.J.)

No. E059452

C.A. 4th

People v. Mejia

Imposition of sentence for spousal abuse had to be stayed where same conduct also supported conviction for torture (McKinster, J.)

No. E062962

C.A. 4th

People v. Thiel

Mental illness does not negate general intent needed to abuse elder with force likely to cause great bodily harm or death (Benke, Acting P.J.)

No. D069111

C.A. 1st

In re O.C.

Notice to Bureau of Indian Affairs not adequate substitute for notice to tribes (Dondero, J.)

No. A147577

9th Cir.

Riera-Riera v. Lynch

Alien who fraudulently entered under Visa Waiver Program remained bound by program's restrictions on relief from deportation (Schroeder, J.)

No. 13-73062
Before: Mary M. Schroeder and Jay S. Bybee, Circuit Judges, and William E. Smith,** Chief District Judge.

C.A. 6th

City of Palo Alto v. Public Employement Relations Board (International Association of Firefighters, Local 1319, AFL-CIO)

City required to consult with labor organizations before proposing ballot measure to eliminate binding arbitration after impasse (Premo, J.)

No. H041407

C.A. 1st

McNair v. City and County of San Francisco

Physician's disclosure of patient's confidential medical information to DMV protected under litigation privilege (Reardon, J.)

No. A138952

C.A. 1st

Kase v. Metalclad Insulation Corporation

Supplier of asbestos insulation to Navy protected from design-defect claim by government-contractor defense (Banke, J.)

No. A143590

C.A. 6th

In re Lambirth

Timeliness of inmate's administrative appeal depends on date of submission and not date of receipt (Mihara, J.)

No. H041812

9th Cir.

Newmaker v. City of Fortuna

Conflicting accounts of officer-involved shooting precluded grant of summary judgment (W. Fletcher, J.)

No. 14-15098
Phyllis J. Hamilton, Chief District Judge, Presiding Before: William A. Fletcher, Johnnie B. Rawlinson, and Andrew D. Hurwitz, Circuit Judges.

C.A. 2nd

People v. Ramos

Exclusion of self-represented defendant during key prosecution witness's testimony mandated reversal of judgment (Zelon, Acting P.J.)

No. B248512

C.A. 2nd

Lubin v. Wackenhut Corporation

Wages and hours action against large-scale employer amenable to class treatment with statistical sampling (Epstein, P.J.)

No. B244383

9th Cir.

Antonick v. Electronic Arts, Inc.

Software developer's royalty claims failed as matter of law absent evidence of source code needed to determine copyright infringement (Hurwitz, J.)

No. 14-15298
Charles R. Breyer, Senior District Judge, Presiding Before: Andrew J. Kleinfeld, Johnnie B. Rawlinson, and Andrew D. Hurwitz, Circuit Judges.

C.A. 4th

Medical Marijuana, Inc. v. ProjectCBD.com

Anti-SLAPP statute not applicable to causes of action that failed to allege any conduct at all by defendants (Aaron, J.)

No. D068523

C.A. 3rd

Gee v. Greyhound Lines, Inc.

Plaintiff entitled to relief from dismissal based upon attorney's mistaken failure to pay change of venue fees (Murray, J.)

No. C077077

C.A. 5th

People v. Guerra

Trial-court appellate division erred in failing to provide brief statement of reasons for its decision, necessitating remand (Kane, J)

No. F071164

C.A. 2nd

In re Carlos H.

Juvenile court restraining order not limited to enjoining juvenile offender from "contacting, threatening, stalking, or disturbing the peace of" victim (Johnson, J.)

No. B268893

C.A. 1st

People v. Villagran

Defendant's communication with victim via text messaging constituted attempted lewd and lascivious acts on child under 14 (Jones, P.J.)

No. A143768

C.A. 2nd

People v. Walker

Conviction for "super-strike" offense precludes eligibility for Prop 47 relief regardless of when that offense occurred (Lui, J.)

No. B268475

Ca. Sup. Ct.

Horiike v. Coldwell Banker Residential Brokerage Company

Seller's agent owed buyer same duty owed by brokerage firm where firm represented both seller and buyer (Kruger, J.)

9th Cir.

Atay v. County of Maui

Federal and state law preempted Hawaii county ordinance banning cultivation and testing of genetically engineered plants (Callahan, J.)

No. 15-16466 No. 15-16552
Susan Oki Mollway, Chief Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Consuelo M. Callahan and Mary H. Murguia, Circuit Judges.

9th Cir.

Robert Ito Farm, Inc. v. County of Maui

Presiding magistrate judge properly ruled on motion to intervene without prospective intervenor's consent (Murguia, J.)

No. 15-15246
Susan Oki Mollway, Chief Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Consuelo M. Callahan and Mary H. Murguia, Circuit Judges.

9th Cir.

Syngenta Seeds, Inc. v. County of Kauai

Hawaiian state law preempted county's local pesticide regulation (Callahan, J.)

No. 14-16833 No. 14-16848
Barry M. Kurren, Magistrate Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Consuelo M. Callahan and Mary H. Murguia, Circuit Judges.

9th Cir.

M.D. v. Newport-Mesa Unified School District

Defendant not prejudiced by two-day delay in filing of amended complaint (per curiam)

Nos. 14-56443, 14-56459
James V. Selna, District Judge, Presiding Before: Alex Kozinski and Kim McLane Wardlaw, Circuit Judges, and Cathy Ann Bencivengo,* District Judge.

C.A. 1st

People v. Morera-Munoz

Statute criminalizing false statements to peace officers should be construed as including materiality provision (Dondero, J.)

No. A148325

C.A. 1st

People v. Selivanov

Trial court erred harmlessly in failing to allow jury to decide whether embezzled funds were public moneys (Collins, J.)

No. B252894 consolidated with B255166

C.A. 4th

In re Z.G.

Reunification not in best interests of minors whose sibling died as result of parental neglect (Thompson, J.)

No. G053232

C.A. 1st

N.M. v. Superior Court (Contra Costa County Children and Family Services Bureau)

Evidence supported dependency court's finding that parent received reasonable reunification services (Rivera, J.)

No. A149327

C.A. 4th

Armin v. Riverside Community Hospital

Physician need not complete internal peer review before filing hospital whistleblower action (Bedsworth, P. J.)

No. G052125

Super. Ct. (App. Div.)

Midland Funding LLC v. Romero

Declaration in lieu of testimony was not in compliance with statute where declarant had never been available for personal service (Bauer, Acting P.J.)

Case No. 30-2015-00780720

9th Cir.

Fue v. Biter

Prisoner might be entitled to equitable tolling of federal habeas petition deadline after waiting fourteen months to inquire about status of denied state petition (Bybee, J.)

No. 12-55307
Dolly M. Gee, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Alex Kozinski, Barry G. Silverman, M. Margaret McKeown, William A. Fletcher, Richard A. Paez, Richard C. Tallman, Richard R. Clifton, Jay S. Bybee, N. Randy Smith and Andrew D. Hurwitz, Circuit Judges.

9th Cir.

N. E. v. Seattle School District

Disabled student's "stay-put" placement constituted upcoming stage of Individualized Education Program where dispute arose over summer break (Graber, J.)

No. 15-35910
James L. Robart, District Judge, Presiding Before: Susan P. Graber, Marsha S. Berzon, and Mary H. Murguia, Circuit Judges.

C.A. 1st

Tanguilig v. Bloomingdale’s, Inc.

Employee's PAGA suit against employer not subject to arbitration (Bruiniers, J.)

No. A145283

C.A. 4th

In re Marriage of Fregoso and Hernandez

Contrary evidence did not render family court findings abuse of discretion (Nares, J.)

No. D069614

9th Cir.

State of Missouri ex rel. Koster v. Harris

States' claim of potential harm to farmers from California laws and regulations insufficient to support parens patriae standing (Graber, J.)

No. 14-17111
Kimberly J. Mueller, District Judge, Presiding Before: Susan P. Graber and Mary H. Murguia, Circuit Judges, and Raner C. Collins,* Chief District Judge.

C.A. 4th

People v. Garcia

No error in releasing minor from commitment as material witness following videotaped conditional examination (Fybel, J.)

No. G050268

C.A. 2nd

Brookside Investments, Ltd. v. City of El Monte

City council acted lawfully in proposing ballot measure to repeal prior voter initiative (Perluss, P.J.)

No. B267081

C.A. 2nd

Capital Builders Hardware, Inc. v. Workers Compensation Appeals Board (Gaona)

No appellate review available following WCAB's refusal to consider workers' compensation judge's interim procedural order (Ashmann-Gerst, P. J.)

No. B271987

C.A. 5th

Lee v. West Kern Water District

Trial court properly instructed jury on application of workers' compensation exclusivity rule in action alleging intentional misconduct by employer (Smith, J.)

No. F070772

C.A. 2nd

Soria v. Univision Radio Los Angeles, Inc.

Employee established triable issues of fact as to whether termination resulted from unlawful disability discrimination (Perluss, P.J.)

No. B263224

C.A. 4th

Thaxton v. State Personnel Board (California Department of Corrections and Rehabilitation)

Terminated government employee's refusal to appear and testify at administrative appeals hearing warranted dismissal of that appeal (Aaron, J.)

No. D068563

9th Cir.

Lemus v. Lynch

Recent Supreme Court decision precluded immigrant's reliance on parent's length of residence and required independent proof of residence (Ponsor, J.)

No. 12-73654
Before: Johnnie B. Rawlinson and Jacqueline H. Nguyen, Circuit Judges, and Michael A. Ponsor,* Senior District Judge.

C.A. 2nd

In re Calvin S.

No bar to long term placement of juvenile offender in juvenile hall (Segal, J.)

No. B265382

C.A. 1st

People v. Eslava

Defendant entitled to jury trial on prior strike allegation (Streeter, J.)

No. A142881

C.A. 2nd

People v. Mendoza

Trial court could resentence defendant on any component of aggregate term when granting Prop 47 relief on subordinate term (Tangeman, J.)

2d Crim. No. B272222

C.A. 3rd

People v. Wilson

Drunk-driving causing-injury offense was subject to enhancements for both infliction of great bodily injury and prior strike conviction (Blease, Acting P. J.)

No. C078123

C.A. 2nd

Southern California Gas Company v. Flannery

Interpleading plaintiff properly awarded recovery of post-discharge expenses (Kriegler, P. J.)

No. B268298

C.A. 3rd

People v. Perkins

No showing that movement of sexual assault victim from one room in home to another increased risk of harm to victim (Nicholson, J.)

No. C072545

C.A. 2nd

People v. Valenzuela

Street terrorism conviction not affected by Prop 47 reclassification of underlying theft offense from felony to misdemeanor (Perren, J.)

2d Crim. No. B269027

9th Cir.

United States v. Lin

Mandatory minimum offense level did not apply to conviction for conspiracy to commit sex trafficking (Farris, J.)

No. 15-10152
Ramona V. Manglona, Chief Judge, Presiding Before: J. Clifford Wallace, Jerome Farris, and Paul J. Watford, Circuit Judges.

Ca. Sup. Ct.

Centinela Freeman Emergency Medical Associates v. Health Net of California, Inc.

Health care services plans have ongoing duty not to delegate reimbursement obligations for emergency medical services to financially unsound entities (Cantil-Sakauye, C.J.)

9th Cir.

De Fontbrune v. Wofsy

District court properly considered foreign legal materials outside pleadings on motion to dismiss (McKeown, J.)

No. 14-15790
Samuel Conti, Senior District Judge, Presiding Before: M. Margaret McKeown and Michelle T. Friedland, Circuit Judges and Richard F. Boulware,* District Judge.

C.A. 4th

People v. Doyle

Defendant waiving jury trial had no right to specific advisement that jury would be comprised of 12 jurors who had to reach unanimous verdict (Miller, J.)

No. E064557

9th Cir.

United States v. Finazzo

Government's passive acquiescence to reduced sentence could not be deemed motion for reduction (Wallace, J.)

No. 15-10272
Leslie E. Kobayashi, District Judge, Presiding Before: J. Clifford Wallace, Jerome Farris, and Paul J. Watford, Circuit Judges.

C.A. 4th

In re Isaiah S.

Parent lacked standing to challenge dependency court's failure to order minor's placement with relative at permanency planning hearing (McConnell, P.J.)

No. D069928

Ca. Sup. Ct.

Harris v. Superior Court (People)

Defendant's successful petition for resentencing under Prop 47 does not entitle People to rescind plea bargain (Chin, J.)

C.A. 6th

People v. Colbert

Theft from retail store's private office not shoplifting (Premo, J.)

No. H042499

C.A. 1st

Dinslage v. City and County of San Francisco

No "protected activity" where employee opposed purportedly discriminatory conduct against disabled persons (Jones, P.J.)

No. A142365

9th Cir.

United States v. McCandless

Habeas petitioner not entitled to release on bail pending resolution of his petition (per curiam)

No. 16-15411
Derrick Kahala Watson, District Judge, Presiding Before: J. Clifford Wallace, Jerome Farris, and Paul J. Watford, Circuit Judges.

C.A. 2nd

In re Anthony Q.

Dependency court had authority to suspend custody rights of custodial parent with whom minor child did not reside (Perluss, P.J.)

No. B267352

C.A. 4th

Perez v. City of Westminster

Police officer's loss of prestigious assignments with no resultant pay loss did not constitute punitive action (Fybel, J.)

No. G050718

9th Cir.

In re Ozenne

Aggrieved party may not file petition for writ of mandamus as substitute for timely appeal of bankruptcy court ruling (N.R. Smith, J.)

No. 11-60039
Kirscher, Markell, and Dunn, Bankruptcy Judges, Presiding Before: Sidney R. Thomas, Chief Judge, and Alex Kozinski, Susan P. Graber, M. Margaret McKeown, Richard A. Paez, Marsha S. Berzon, Consuelo M. Callahan, N. Randy Smith, Paul J. Watford, John B. Owens and Michelle T. Friedland, Circuit Judges.

Ca. Sup. Ct.

Maas v. Superior Court (People)

Habeas petitioner entitled to assert §170.6 challenge to superior court judge assigned to petition (Cantil-Sakauye, C.J.)

C.A. 6th

In re Guiomar

Trial court properly resentenced defendant to same aggregate term after reducing certain felonies to misdemeanors under Prop 47 (Bamattre-Manoukian, J.)

No. H043114

C.A. 6th

People v. Martinez

Felony conviction for forging name on receipt for goods not subject to Prop 47 reclassification as misdemeanor (Bamattre-Manoukian, J.)

No. H042889

9th Cir.

United States v. Lucas

Defendant not entitled to discover extent of state and federal authorities' cooperation in dual prosecutions for same conduct (Tallman, J.)

No. 15-10103
Edward M. Chen, District Judge, Presiding Before: M. Margaret McKeown, Kim McLane Wardlaw, and Richard C. Tallman, Circuit Judges.

C.A. 3rd

East Sacramento Partnership for a Livable City v. City of Sacramento (Encore McKinley Village, LLC)

Flexible standards in city's general plan insufficient to support finding of no significant traffic impact (Duarte, J.)

No. C079614

C.A. 4th

Strasner v. Touchstone Wireless Repair and Logistics, LP

For jurisdiction purposes, uploading of content to Facebook account was not shown to target state where accountholder's friends resided (McConnell, P.J.)

No. D068865

C.A. 4th

Tun v. Wells Fargo Dealer Services, Inc.

Automobile financing company's pretrial tender under Automobile Sales Financing Act not admission of liability (Benke, J.)

No. D070447

Ca. Sup. Ct.

Maas v. Superior Court (People)

Habeas petitioner entitled to assert §170.6 challenge to superior court judge assigned to petition (McIntyre, J.)

C.A. 5th

People v. Mary H.

Statute prohibiting psychiatric detainees from possessing firearms employs constitutional standard of proof (Detjen, J.)

No. F071282

C.A. 2nd

Goonewardene v. ADP, LLC

Company that contracted with employer to provide employee earnings statements was not liable for alleged breaches of employer-employee relationship (Manella, J.)

No. B267010

Ca. A.G.

Opinion of Kamala D. Harris (15-1201)

Vacancies that occur in unexpired terms on the Banning Library District Board of Trustees should be filled by the remaining library district trustees in accordance with Government Code §1780.

No. 15-1201

9th Cir.

In re New Investments, Inc.

Curing debtor could not avoid contractual post-default interest rate in loan agreement (Murguia, J.)

No. 13-36194
Marc Barreca, Bankruptcy Judge, Presiding Before: Susan P. Graber, Marsha S. Berzon, and Mary H. Murguia, Circuit Judges.

9th Cir.

Brown v. Rawson-Neal Psychiatric Hospital

Appellant's failure to address issue of Rule 41(b) dismissal in opening brief waived any claim of error (Lynn, J.)

No. 14-16458
James C. Mahan, District Judge, Presiding Before: J. Clifford Wallace and Susan P. Graber, Circuit Judges, and Barbara M. G. Lynn,* Chief District Judge.

C.A. 6th

ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd.

Filing of permissive cross-complaint related back to filing date of underlying complaint (Walsh, J.)

No. H040776

C.A. 1st

People v. Hannon

Crime victim may submit victim impact statement to court of appeal but may not present new evidence or claims of error (Simons, J.)

No. A145945

C.A. 2nd

Nickerson v. Stonebridge Life Insurance Company

Reprehensibility of insurer's conduct supported punitive damages award 10 times amount of compensatory damages (Aldrich, J.)

No. B234271

9th Cir.

Move, Inc. v. Citigroup Global Markets, Inc.

Federal Arbitration Act is subject to equitable tolling (D.W. Nelson, J.)

No. 14-56650
John F. Walter, District Judge, Presiding Before: Dorothy W. Nelson and Richard A. Paez, Circuit Judges, and Elaine E. Bucklo,* Senior District Judge.

9th Cir.

Armani v. Northwestern Mutual Life Insurance Company

"Sedentary" work properly defined as requiring sitting "most of the time" (D.W. Nelson, J.)

No. 14-56866
Ronald S.W. Lew, Senior District Judge, Presiding Before: Dorothy W. Nelson and Richard A. Paez, Circuit Judges, and Elaine E. Bucklo,* Senior District Judge.

9th Cir.

Matson v. United Parcel Service, Inc.

Collective bargaining agreement did not support preemption of employee's state law gender-based hostile work environment claim (Berzon, J.)

No. 13-36174
Richard A. Jones, District Judge, Presiding Before: Susan P. Graber, Marsha S. Berzon, and Mary H. Murguia, Circuit Judges.

C.A. 1st

People ex rel. Department of Transportation v. Presidio Performing Arts Foundation

Valuation of lost goodwill not required at first stage of eminent domain proceedings (Needham, J.)

No. A145278

C.A. 2nd

Estate of Dayan

Quitclaim deeds clearly established that disputed interest in real property was not part of probate estate (Turner, P.J.)

No. B268416

C.A. 2nd

People v. Asbury

Trial court's imposition of 25-minute time limit on questioning of potential jurors not shown to be fundamentally unfair (Rothschild, P.J.)

No. B255953 No. B269063

C.A. 3rd

People v. Chavez

Successful probationer seeking dismissal of underlying action must petition for relief under statute specifically applicable to probationers (Mauro, J.)

No. C074138

C.A. 4th

People v. Guarneros

Restitution collection fee not limited to actual cost of collecting restitution (Aaron, J.)

No. D067267

9th Cir.

Feldman v. Arizona Secretary of State’s Office

Challengers not entitled to preliminary injunction against enforcement of Arizona's precinct vote rule (Bea, J.)

No. 16-16865
Douglas L. Rayes, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Carlos T. Bea and Sandra S. Ikuta, Circuit Judges.

C.A. 4th

In re M.Z.

Mother's boyfriend failed to show parent-child relationship with dependent minors warranting third parent status (McConnell, P.J.)

No. D070365

C.A. 4th

In re Marriage of Cassinelli

Non-military spouse entitled to damages for military spouse's postjudgment waiver of military retirement benefits (Ramirez, P.J.)

No. E063769

C.A. 3rd

City of San Jose v. Sharma

Trial court properly allocated real property tax increment revenue following dissolution of San Jose Redevelopment Agency (Nicholson, P. J.)

No.C074539

9th Cir.

Fredrickson v. Starbucks Corporation

Comity doctrine barred district court from considering claims as to withholding taxes on baristas' tips originally filed in state court (Watford, J.)

No. 13-36067
Malcolm F. Marsh, Senior District Judge, Presiding Before: Raymond C. Fisher and Paul J. Watford, Circuit Judges, and Donald E. Walter,* Senior District Judge.

C.A. 1st

In re N.C.

Evidence of exploited minor's solicitation inadmissible under Californians Against Sexual Exploitation Act (Kline, P.J.)

No. A146637

C.A. 1st

People v. Chenelle

Simple battery not lesser included offense of lewd conduct with dependent adult by caretaker (Dondero, J.)

No. A147073

C.A. 3rd

Cameron v. Sacramento County Employees’ Retirement System

County employee's service terminated on date of final paycheck (Murray, J.)

No. C077823

9th Cir.

Sierra Club v. Tahoe Regional Planning Agency

Environmental impact statement sufficiently addressed significant environmental impacts of Lake Tahoe Regional Plan Update (Schroeder, J.)

Nos. 14-15998, 14-16513
John A. Mendez, District Judge, Presiding Before: J. Clifford Wallace, Mary M. Schroeder, and N. Randy Smith, Circuit Judges.

C.A. 3rd

In re T.M.

No error in denying visitation between abusive parent and terrified child (Renner, J.)

No. C081155

C.A. 2nd

Drexler v. Petersen

Statute of limitations on action for medical misdiagnosis did not begin to run until plaintiff's condition worsened (Segal, J.)

No. B259375

9th Cir.

Natural Resources Defense Council v. County of Los Angeles

Issuance of superseding and more lenient permit did not render moot injunctive relief action based on alleged violations of prior permit (M. Smith, J.)

No. 15-55562
Beverly Reid O'Connell, District Judge, Presiding Before: HARRY PREGERSON and MILAN D. SMITH, JR., Circuit Judges, and H. RUSSEL HOLLAND,*Senior District Judge.

C.A. 5th

City of Bakersfield v. West Park Home Owners Association and Friends

City's planned road improvements could not be financed with gas tax revenues (McCabe, J.)

No. F071869

C.A. 1st

Drakes Bay Oyster Company v. California Coastal Commission

Administrative agency may properly be advised and represented by same staff members who advocated for enforcement orders later challenged in court (Stewart, J.)

No. A142820

9th Cir.

In re Bundy

Attorney's pattern or practice of impeding ethical and orderly administration of justice warranted denial of application to appear pro hac vice (Bybee, J.)

No. 16-72275
Before: W. FLETCHER, GOULD, and BYBEE, Circuit Judges. Second, the district court also felt that Klayman had filed an incomplete and inaccurate Verified Petition because he had failed to mention "numerous other courts' findings that he is unfit to practice," and the court cited eight cases in which courts had commented on his "inappropriate and unethical behavior." Third, the district court pointed to a Second Circuit decision in which that court dismissed his challenge to the district court's impartiality because it was "insulting and smacked of intimidation." MacDraw, Inc. v. CIT Grp. Equip. Fin., Inc., 138 F.3d 33, 38 (2d Cir. 1998). The district court then observed that Bundy recently filed a "similar[]" civil suit against the district judge individually, President Obama, and Senator Harry Reid, alleging a conspiracy. See Bundy v. Obama, No. 2:16-cv-1047-JCM- GWF (D. Nev. dismissed with prejudice Oct. 12, 2016). The district court thus argued that it did not abuse its discretion because Klayman's record shows a "total disregard for the judicial process" and his admission pro hac vice would thus "impede the orderly administration of justice."

C.A. 2nd

People v. Learnard

Trial court's determination that past conviction constituted strike offense was based on improper judicial fact-finding (Lui, J.)

No. B260824

C.A. 2nd

People v. Tatum

Defendant whose alibi witness was plumber suffered prejudice when trial judge shared with jurors her own own "horrible experiences with plumbers" (Johnson, J.)

No. B258517
Pub. order October 28, 2016

9th Cir.

Feldman v. Arizona Secretary of State’s Office

Challengers not entitled to preliminary injunction against enforcement of Arizona law criminalizing collection of early ballots (Ikuta, J.)

No. 16-16698
Douglas L. Rayes, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Carlos T. Bea and Sandra S. Ikuta, Circuit Judges.

C.A. 1st

Industrial Waste and Debris Box Service, Inc. v. Murphy

Waste disposal company failed to demonstrate falsity of allegedly defamatory claims (Stewart, J.)

No. A142388

C.A. 4th

Walker v. Apple, Inc.

Law firm's concurrent representation conflict required automatic disqualification from wage-and-hour class action (Haller, J.)

No. D069713

C.A. 2nd

Johnson v. Superior Court (People)

Addition of new charges following defendant's successful appeal gave rise to presumption of vindictive prosecution (Lavin, J.)

No. B266421

C.A. 5th

People v. Buford

Preponderance of evidence standard not applicable to trial court's determination of dangerousness in deciding petition for resentencing under Prop 36 (Detjen, Acting P.J.)

No. F069936

C.A. 1st

People v. Evensen

No reasonable expectation of privacy in files made available for public access on peer-to-peer file-sharing networks (Humes, P.J.)

No. A145162

C.A. 4th

People v. Lewis

Prison sentence could not be deemed completed for purposes of Prop 47 while defendant remained on postrelease community supervision or parole (O'Rourke, J.)

No. D068584

C.A. 5th

People v. Navarette

For sentencing purposes, defendant's Mexican homicide conviction did not qualify as serious felony in California (Smith, J.)

No. F069534

C.A. 3rd

People v. Rendon

Felony forgery conviction based on possession of $260 in counterfeit currency qualified for Prop 47 sentencing relief (Robie, J.)

No. C079831

C.A. 4th

Bigler-Engler v. Breg, Inc.

Jury awarded excessive past and future noneconomic damages where seriously injured patient exhibited good eventual recovery (Haller, J.)

No. D063556

C.A. 1st

In re Marriage of Wilson

Family court's discretion to deny enforcement of support order may properly embrace situation where neither parent is raising child at home (Rivera, J.)

No. A140273

C.A. 2nd

S.P. v. F.G.

Current living expenses reasonably considered in calculating child support (Kumar, J.)

No. B268249

C.A. 4th

Nellie Gail Ranch Owners Association v. McMullin

Homeowners could not assert adverse possession claim to homeowners association property absent payment of property taxes on disputed area (Aronson, J.)

No. G051244
Pub. & mod. order October 27, 2016

9th Cir.

In re Barker

Creditor's untimely proofs of claim barred it from participating in distribution of chapter 13 debtor's assets (N.R. Smith, J.)

No. 14-60028
Pappas, Kurtz, and Jury, Bankruptcy Judges, Presiding Before: William A. Fletcher, Ronald M. Gould, and N. Randy Smith, Circuit Judges.

9th Cir.

Estate of Manuel Diaz v. City of Anaheim

District court erred by refusing to bifurcate liability and compensatory damages phases in trial on police excessive use of force (Owens, J.)

No. 14-55644
James V. Selna, District Judge, Presiding Before: Marsha S. Berzon and John B. Owens, Circuit Judges, and Algenon L. Marbley,* District Judge.

C.A. 1st

In re D.H.

Probation condition barring juvenile from "accessing pornography" unconstitutionally vague (Humes, P.J.)

No. A147361

C.A. 2nd

People v. Aguilar

Specific labor and time estimates not required to support restitution order for cost of graffiti removal (Collins, J.)

No. B269709

C.A. 3rd

People v. Lopez

Police lawfully searched driver's purse for identification after she admitted not having driver's license (Hoch, J.)

No. C078537

C.A. 1st

Taylor v. Department of Industrial Relations

"Calendar year" means 12 months immediately preceding administrative determination (Bruiniers, J.)

No. A146148

C.A. 1st

Contreras v. Dowling

Attorney's communicative acts in representation of clients constituted protected activity under anti-SLAPP statute (Jones, P.J.)

No. A142646

C.A. 2nd

Anderson v. Fitness International, LLC

Patron injured in health club shower failed to allege facts to support gross negligence claim (Garnett, J.)

No. B258796

9th Cir.

Shepard v. Quillen

Corrections officer not entitled to qualified immunity for alleged retaliatory segregation of inmate (Kozinski, J.)

No. 13-15554
Lawrence J. O'Neill, District Judge, Presiding Before: Alex Kozinski and Richard C. Tallman, Circuit Judges, and Douglas L. Rayes,* District Judge.

C.A. 2nd

Wolf Metals Inc. v. Rand Pacific Sales Inc.

Corporate officer improperly added as judgment debtor on default judgment against company (Manella, J.)

No. B264002

C.A. 2nd

People v. Lopez

Prior reduction of LWOP sentences did not render juvenile offenders ineligible for recall of sentence and resentencing (Yegan, J.)

2d Crim. No. B256146 2d Crim. No. B263639

C.A. 2nd

People v. Padilla

United States Supreme Court decision entitled juvenile offender to new resentencing hearing (Manella, J.)

No. B265614

C.A. 1st

People v. Sotelo-Urena

Expert testimony on homeless person's heightened fear of violence admissible to support claim of self-defense (Richman, Acting P.J.)

No. A144021

C.A. 1st

Millview County Water District v. State Water Resources Control Board

Plaintiffs failed to demonstrate financial burden required for award of private attorney general attorney fees (Margulies, Acting P.J.)

No. A145428

C.A. 4th

San Diegans for Open Government v. City of Oceanside (S.D. Malkin Properties, Inc.)

City council's meeting agenda satisfied Brown Act's public notice requirement (Benke, J.)

No. D069561

9th Cir.

Rollins v. Community Hospital of San Bernardino

Union did not fairly represent laid-off employee whose employer violated agreement to retain her if her job was eliminated (W. Fletcher, J.)

No. 14-55971
Manuel L. Real, District Judge, Presiding Before: William A. Fletcher, and Ronald M. Gould, Circuit Judges, and Ivan L.R. Lemelle,* District Judge.

C.A. 2nd

Khosh v. Staples Construction Company, Inc.

General contractor's alleged breach of promise to oversee site safety did not render it liable for injury suffered by subcontractor's employee (Tangeman, J.)

2d Civil No. B268937

C.A. 3rd

Agricultural Labor Relations Board v. Superior Court (Gerawan Farming, Inc.)

Attorney-client privilege precluded disclosure of communications between Agricultural Labor Relations Board and general counsel (Robie, J.)

No. C081373

9th Cir.

Schueneman v. Arena Pharmaceuticals, Inc.

Pharmaceutical company's failure to disclose potentially adverse animal study sufficed to support cause of action for securities fraud (Bybee, J.)

No. 14-55633
Cathy Ann Bencivengo, District Judge, Presiding Before: Harry Pregerson, Jay S. Bybee, and N. Randy Smith, Circuit Judges.

C.A. 4th

Mealing v. Diane Harkey for Board of Equalization 2014

Statute applicable to judgment debtors not available in creditor's action against party who was not judgment debtor (Aronson, J.)

No. G050577

C.A. 2nd

People v. Wright

Speculation insufficient to support diagnosis of mental disorder (Johnson, J.)

No. B269705

C.A. 1st

Humboldt County Adult Protective Services v. Superior Court (Magney)

County's misrepresentations in attempting to overturn patient's advance care directive mandated fee award under Health Care Decisions Law (Banke, J.)

No. A145981

C.A. 4th

Alki Partners, LP v. DB Fund Services, LLC

Hedge fund owner's failure to comply with contractual obligation to provide fund administrator with certain data relieved administrator of liability for alleged breach of administration agreement (Nares, J.)

No. D068063

C.A. 2nd

D’Egidio v. City of Santa Clarita

Outdoor Advertising Act does not preempt greater restrictions on billboards in unincorporated areas (Willhite, P. J.)

No. B269095

C.A. 2nd

Minnegren v. Nozar

Driver's admission of error in judgment did not foreclose verdict in his favor (Ashmann-Gerst, Acting P.J.)

No. B264219

C.A. 5th

Pierson v. Helmerich and Payne International Drilling Co.

Going and coming rule applied to employee's traffic accident while driving supervisor home from work (Franson, J.)

No. F070379

C.A. 4th

Goglin v. BMW of North America, LLC

Conditions placed on motor vehicle dealer's settlement offer rendered it unreasonable (McConnell, P.J.)

No. D068442

9th Cir.

Alaska Oil and Gas Association v. Pritzker

Agency properly listed species as endangered based on climate-change projections beyond 2050 (Paez, J.)

No. 14-35806 No. 14-35811
Ralph R. Beistline, District Judge, Presiding Before: Raymond C. Fisher, Richard A. Paez and Andrew D. Hurwitz, Circuit Judges.

C.A. 1st

In re Alexander P.

Dependency court proceedings divested family court of jurisdiction to decide paternity issues (Margulies, J.)

No. A146040 No. A146595

C.A. 3rd

Moore v. Mercer

Evidence of medical finance company's agreements with medical providers properly excluded due to potential for prejudice (Raye, P.J.)

No. C073064

9th Cir.

Tellez v. Lynch

Undocumented alien's detention at checkpoint constituted "entry" for purposes of later charge of unlawful reentry (Kozinski, J.)

No. 12-73424
Before: Alex Kozinski and Jay S. Bybee, Circuit Judges, and Donald E. Walter,* Senior District Judge.

9th Cir.

SunEarth, Inc. v. Sun Earth Solar Power Co., Ltd.

New standards govern award and review of Lanham Act attorney fees in Ninth Circuit (per curiam)

Nos. 13-17622, 15-16096
Claudia Wilken, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and M. Margaret McKeown, Kim McLane Wardlaw, William A. Fletcher, Ronald M. Gould, Richard A. Paez, Richard R. Clifton, Jacqueline H. Nguyen, Paul J. Watford, John B. Owens, and Michelle T. Friedland, Circuit Judges.

9th Cir.

NewGen, LLC v. Safe Cig, LLC

Plaintiff properly permitted to amend defective complaint to establish diversity jurisdiction after entry of default judgment (McKeown, J.)

Nos. 13-56157, 14-57015 No. 13-56225
R. Gary Klausner, District Judge, Presiding Before: M. Margaret McKeown and Sandra S. Ikuta, Circuit Judges, and Robert W. Pratt,* District Judge.

C.A. 4th

People v. Cady

Driving under influence of alcohol is lesser included offense of driving under influence of alcohol and drugs (Irion, J.)

No. D068582

C.A. 4th

People v. Johnson

Retrial jury should have been instructed that murder defendant was convicted of gross vehicular manslaughter in prior trial (Hollenhorst, J.)

No. E063172

C.A. 4th

People v. Superior Court (Rangel)

Defendant's excess postsentence custody credits did not apply against mandatory community supervision (McKinster, J.)

No. E061292

9th Cir.

Williams v. Johnson

Dismissal of holdout juror during deliberations based on juror's bias not error under AEDPA (Kozinski, J.)

No. 07-56127
Before: Stephen Reinhardt and Alex Kozinski, Circuit Judges, and Ronald M. Whyte,* Senior District Judge.

9th Cir.

Gonzales v. CarMax Auto Superstores, LLC

Used-car "completed inspection report" under California law had to inform buyer of material results of inspection (Reinhardt, J.)

No. 14-56842 No. 14-56305
Cormac J. Carney, District Judge, Presiding Before: Stephen Reinhardt, Alex Kozinski, and Kim McLane Wardlaw, Circuit Judges.

C.A. 4th

Soto v. Motel 6 Operating, L.P.

Vacation pay not "wages" for purposes of inclusion in employee's itemized wage statements (Haller, J.)

No. D069403

9th Cir.

Bonilla v. Lynch

BIA misstated law in denying sua sponte reopening of deportation case (Berzon, J.)

No. 12-73853
Before: Marsha S. Berzon and John B. Owens, Circuit Judges and Algenon L. Marbley,* District Judge.

9th Cir.

Mendez-Garcia v. Lynch

Aliens were ineligible for hardship cancellation of removal where children turned 21 before applications were decided (Ikuta, J.)

No. 15-71931 No. 13-72924
Before: Barry G. Silverman, Sandra S. Ikuta, and Paul J. Watford, Circuit Judges.

9th Cir.

M.D. v. Newport-Mesa Unified School District

School district was not prejudiced by two-day delay in filing amended complaint (per curiam)

Nos. 14-56443, 14-56459
James V. Selna, District Judge, Presiding Before: Alex Kozinski and Kim McLane Wardlaw, Circuit Judges, and Cathy Ann Bencivengo,* District Judge.

C.A. 2nd

People v. Mitchell

Assault with deadly weapon and robbery constituted single, indivisible transaction for which multiple punishment was not permissible (Yegan, Acting P.J.)

2d Crim. No. B269373

C.A. 5th

People v. Reyes-Tornero

Multi-victim firearm assault warranted multiple great bodily injury enhancements at sentencing (Poochigian, J.)

No. F069243

C.A. 4th

People v. Sweeney

Gang enhancements did not disqualify defendant from Prop 47 resentencing relief (Ramirez, P. J.)

No. E064273

C.A. 3rd

Jamison v. Department of Transportation

Caltrans had statutory duty to keep right-of-way free from encroachment (Nicholson, Acting P.J.)

No. C074880

C.A. 2nd

Huang v. The Bicycle Casino, Inc.

Trial court erred in concluding that casino's free shuttle bus was not common carrier as matter of law (Flier, J.)

No. B266350

C.A. 4th

Nava v. Saddleback Memorial Medical Center

Patient's fall from hospital gurney involved negligence in rendering of medical care (Fybel, J.)

No. G052218

9th Cir.

Ho v. ReconTrust Company, N.A.

Trustee pursuing nonjudicial foreclosure was not "debt collector" for purposes of Fair Debt Collection Practices Act (Kozinski, J.)

No. 10-56884
George H. Wu, District Judge, Presiding Before: Alex Kozinski and Consuelo M. Callahan, Circuit Judges, and Edward R. Korman,* Senior District Judge.

C.A. 1st

Robinson v. U-Haul Company of California

Defendant's cessation of unlawful activity did not compel denial of permanent injunction (Streeter, J.)

No. A141396, A145828

C.A. 4th

Nguyen v. Applied Medical Resources Corporation

Arbitrator needed to decide whether contract contemplated class arbitration (Moore, J.)

No. G052207

9th Cir.

United States v. Camez

Defendant's conduct as minor could be considered as proof of crimes continued as adult (Graber, J.)

No. 14-10251
Andrew P. Gordon, District Judge, Presiding Before: Susan P. Graber and M. Margaret McKeown, Circuit Judges, and Rosanna Malouf Peterson,* District Judge.

9th Cir.

United States v. Dowai

Northern Mariana Islands Article IV District Court had authority to try defendant for criminal violations (Callahan, J.)

No. 14-10277
Ramona V. Manglona, Chief Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Consuelo M. Callahan and Mary H. Murguia, Circuit Judges.

9th Cir.

United States v. Nixon

Federal appropriations rider did not preclude probation condition barring California defendant's use of medical marijuana (per curiam)

No. 16-50097
James V. Selna, District Judge, Presiding Before: Stephen S. Trott, John B. Owens, and Michelle T. Friedland, Circuit Judges.

9th Cir.

Visciotti v. Martel

De novo review applied where defendant cited trial counsel ineffectiveness as cause to excuse procedural default (Berzon, J.)

No. 11-99008
Manuel L. Real, District Judge, Presiding Before: Harry Pregerson, A. Wallace Tashima, and Marsha S. Berzon, Circuit Judges.

C.A. 3rd

Anderson Union High School District v. Shasta Secondary Home School

Site restrictions apply equally to classroom based and non-classroom based charter schools (Duarte, J.)

No. C078491

C.A. 4th

In re R. L.

Temporary hospital stay incident to birth did not give dependency court home state jurisdiction over minor (Haller, J.)

No. D069729

C.A. 1st

In re W.C.

Adult who had never been dependent of court could not "reenter" and be subject to dependency jurisdiction (Dondero, J.)

No. A148265

C.A. 2nd

Walmart Stores, Inc. v. United Food and Commercial Workers International Union

National Labor Relations Act did not preempt employer's suit for civil trespass based on union's in-store demonstrations (Bigelow, P.J.)

No. B259926

C.A. 3rd

California Public Records Research, Inc. v. County of Yolo

Rates for copies of official records properly include county office's overhead and operating costs (Renner, J.)

No. C078158

9th Cir.

National Institute of Family and Life Advocates v. Harris

Religiously-affiliated pregnancy clinics not entitled to preliminary injunction against enforcement of California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act (D.W. Nelson, J.)

No. 16-55249
John A. Houston, District Judge, Presiding Before: Dorothy W. Nelson, A. Wallace Tashima, and John B. Owens, Circuit Judges.

9th Cir.

McDaniels v. Kirkland

California appellate court's denial of prisoners' Batson claims was not based on unreasonable findings of fact (Wallace, J.)

No. 09-17339 No. 11-15030
Before: J. Clifford Wallace, Jerome Farris, and Jay S. Bybee, Circuit Judges.

C.A. 4th

People v. Boswell

Burglary not lesser included offense of murder with burglary special circumstance (Prager, J.)

No. D067946

9th Cir.

Ziober v. BLB Resources, Inc.

Employer could compel arbitration of returning servicemember's claims under Uniformed Services Employment and Reemployment Rights Act (Murguia, J.)

No. 14-56374
Cormac J. Carney, District Judge, Presiding Before: Mary H. Murguia and Paul J. Watford, Circuit Judges, and Susan R. Bolton,*District Judge.

C.A. 4th

Union of Medical Marijuana Patients, Inc. v. City of San Diego (California Coastal Commission)

Marijuana store zoning ordinance not necessarily "project" for purposes of CEQA (Irion, J.)

No. D068185

C.A. 3rd

United Auburn Indian Community of the Auburn Rancheria v. Brown

Governor did not violate separation of powers clause when he concurred in federal approval of land acquisition for tribal gaming (Blease, P. J.)

No. C075126

C.A. 3rd

Wang v. Nibbelink

Landowner who opened property for public recreational use not liable for injuries suffered by off-site bystander (Hull, J.)

No. C073871

C.A. 2nd

State of California v. Superior Court (Flynn)

California Highway Patrol could not be compelled to produce unredacted records containing vehicle owners' personal information (Kriegler, Acting P.J.)

No. B276233

C.A. 1st

Building Industry Association of the Bay Area v. City of San Ramon

"Additional services" requirement of Mello-Roos Act satisfied by increased levels of existing services (Miller, J.)

No. A145575

C.A. 2nd

A.M. v. Ventura Unified School District

Minor student was exempt from filing tort claim with school district before filing sexual abuse complaint (Perren, J.)

2d Civil No. B266650

C.A. 4th

Verio Healthcare, Inc. v. Superior Court (SG Homecare, Inc.)

Trial courts retain discretion to decide whether to grant stay request based on counsel's membership in state legislature (Ikola, J.)

No. G053068

C.A. 4th

People v. Booth

Criminal defense attorney was ineffective for failing to seek dismissal after lengthy investigative delay prior to charging (Bedsworth, J.)

No. G047986 No. G052666

C.A. 4th

People v. Scott

Statutory opportunity for parole hearing defeated juvenile offender's cruel and unusual punishment claim (Ramirez, P.J.)

No. E060028

C.A. 2nd

GoTek Energy, Inc. v. SoCal IP Law Group, LLP

Law firm's transfer of files to replacement counsel did not constitute "continuing representation" (Yegan, Acting P.J.)

2d Civil No. B266681

U.S. Sup. Ct.

Bosse v. Oklahoma

Oklahoma court violated established Supreme Court when it allowed capital sentencing jury to hear crime victim’s family's opinions as to appropriate sentence (per curiam)

No. 15–9173.

C.A. 2nd

People v. Reyes

Enhancement for conviction of felony in "secondary offense" while on bail on felony in "primary offense" not permissible where primary offense was settled by no contest plea to misdemeanor (Kriegler, J.)

No. B268282 No. B276919

9th Cir.

United States v. Kaplan

District court could use replacement value as measure of restitution where fair market value would not make crime victim whole (Ezra, J.)

Nos. 15-30213, 15-30225
James L. Robart, District Judge, Presiding Before: Michael Daly Hawkins and M. Margaret McKeown, Circuit Judges, and David A. Ezra,* District Judge.

C.A. 3rd

Covarrubias v. Cohen (City of Winters)

City not obligated to fund subsidized housing using tax increment set-asides (Butz, J.)

No. C078237

C.A. 1st

Nicodemus v. Saint Francis Memorial Hospital

Mere possibility that database might include persons not belonging to class did not render class unascertainable (Rivera, J.)

No. A141500

C.A. 4th

People v. Accredited Surety and Casualty Co.

Detention of fugitive in presence of non-local police officers did not satisfy requirements for exoneration of bond (Huffman, Acting P.J.)

No. D068515

C.A. 5th

People v. VonWahlde

Trial court in second case lacked authority to terminate parole in previous case before different court when it sentenced defendant to prison (Detjen, J.)

No. F069946

C.A. 1st

Hjelm v. Prometheus Real Estate Group, Inc.

Inclusion of tort claims in tenants' lawsuit did not bar recovery of attorney fees on their contract claims against landlord (Richman, J.)

No. A142723

C.A. 1st

People v. Forney

Defendant could not be required to waive Fifth Amendment privilege as part of probationary sex offender management program (Banke, J.)

No. A144450

C.A. 4th

People v. Nachbar

Probation condition for search of defendant's computers and recordable media implicated right to privacy but was not unconstitutionally overbroad (Haller, J.)

No. D068135

C.A. 2nd

People v. Pak

Value of items taken into pawn shop not relevant to determination of value of goods taken in exchange for those items (Collins, J.)

No. B266718

9th Cir.

United States v. Lo

Defendant waived right to appeal district court's restitution order and forfeiture money judgment (Ikuta, J.)

No. 15-10219
William Horsley Orrick III, District Judge, Presiding Before: Richard R. Clifton and Sandra S. Ikuta, Circuit Judges, and Royce C. Lamberth,*District Judge.

C.A. 2nd

In re Julien H.

Father whose visitation was limited under inapplicable statute suffered no prejudice where limitation was authorized by other statutes (Rothschild, P. J.)

No. B267953

C.A. 4th

Moran v. Prime Healthcare Management, Inc.

Hospital may have violated unfair competition law by imposing unconscionable rates on self-pay emergency room patients (Moore, J.)

No. G051391

C.A. 2nd

Markow v. Rosner

Hospital not liable for injuries suffered by patient who had notice that physician treating him was not hospital employee (Lui, J.)

No. B260715, B262530

C.A. 2nd

In re Logan B.

Parent must show "compelling reason" not to terminate parental rights based on parental relationship exception (Lui, J.)

No. B270252

C.A. 4th

In re Marriage of Cohen

Parties' agreement to change applicable standard of review not binding on family court (Bedsworth, J.)

No. G052058

C.A. 2nd

LSREF2 Clover Property 4, LLC v. Festival Retail Fund 1, L.P.

Relationship between borrower and guarantor did not support finding of sham guaranty (Boren, P.J.)

No. B259937

9th Cir.

Welch v. Brown

California ban against "sexual orientation change efforts" with minors not incompatible with Free Exercise and Establishment Clauses (Graber, J.)

No. 15-16598
William B. Shubb, District Judge, Presiding Before: Alex Kozinski, Susan P. Graber, and Morgan B. Christen, Circuit Judges.

C.A. 1st

In re Jonathan R.

Assault by force likely to produce great bodily injury necessarily included in offense of assault with deadly weapon other than firearm (Margulies, J.)

No. A145238

C.A. 1st

People v. Stamps

Expert's visual comparison of pills seized from defendant to pills pictured on website did not support her conclusion they were controlled substances (Streeter, J.)

No. A142424

C.A. 2nd

In re Michael S.

Dependency court had statutory authority to order minor to remain in mother's custody and be removed from father's custody with restrictions on contacts (Lui, J.)

No. B269598

9th Cir.

Animal Legal Defense Fund v. U.S. Food and Drug Administration

Genuine issue of material fact precluded summary judgment under Freedom of Information Act (per curiam)

No. 13-17131
Before: Susan P. Graber, Kim McLane Wardlaw, and Mary H. Murguia, Circuit Judges.

C.A. 2nd

Doe v. Superior Court (Nikolay)

Superior court's erroneous disclosure of Doe plaintiff's confidential information form did not deprive him of right to confidentiality (Chaney, J.)

No. B271508

C.A. 5th

In re Gabriel T.

Ward could not be remanded to custody for probation violation without juvenile court hearing (McCabe, J.)

No. F073030

C.A. 2nd

People v. Bell

No error in imposition of 43-year sentence and age-55 parole eligibility date for juvenile One Strike offender (Rubin, J.)

No. B263022

C.A. 2nd

People v. Hallam

Shoplifting statute does not limit offense to thefts from public parts of store (Lui, J.)

No. B266185

9th Cir.

Cameranesi v. United States Department of Defense

Names of foreign students and instructors at Western Hemisphere Institute for Security Cooperation not subject to Freedom of Information Act disclosure (Ikuta, J.)

No. 14-16432
Phyllis J. Hamilton, Chief Judge, Presiding Before: Andrew J. Kleinfeld, Sandra S. Ikuta, and Paul J. Watford, Circuit Judges.

C.A. 3rd

City of Tracy v. Cohen

Payment for work done by city for redevelopment project following dissolution of initiating agency was enforceable obligation under dissolution law (Butz, J.)

No. C077440

C.A. 2nd

Wertheim, LLC v. Omidvar

No error in trial court's refusal to allocate fees for interpleader action between competing parties (Chaney, Acting P.J.)

No. B262485

C.A. 2nd

Licudine v. Cedars-Sinai Medical Center

Evidence insufficient to support jury awards of past and future lost earnings (Hoffstadt, J.)

No. B268130

C.A. 2nd

Kalnel Gardens, LLC v. City of Los Angeles

Affordable housing statutes do not take precedence over California Coastal Act (Rubin, J.)

No. B264434

9th Cir.

Furnace v. Giurbino

California claim-preclusion law applied to state prisoner's §1983 action where prior unsuccessful state-court habeas petition was based on same primary right (Bybee, J.)

No. 13-17620
Lucy H. Koh, District Judge, Presiding Before: Alex Kozinski, Jay S. Bybee, and Morgan Christen, Circuit Judges.

C.A. 4th

Hall v. Superior Court (Department of Motor Vehicles)

DMV administrative hearing officer's history of taking bribes required new hearing on motorist's license revocation (Nares, J.)

No. D068516

C.A. 5th

People v. Perez

Use of truck as deadly weapon disqualified assailant from eligibility for Prop 36 resentencing (Detjen, J.)

No. F069020

C.A. 1st

M.C. v. Superior Court (Del Norte County Department Of Health And Human Services)

Dependency court lacked unfettered discretion to terminate reunification services at six-month review hearing. (Banke, J.)

No. A148627

C.A. 4th

Coe v. City of San Diego

City's delayed issuance of violation notices to owner of nude entertainment businesses was not prejudicial (McConnell, P.J.)

No. D068814

C.A. 6th

People v. Connors

Probationer's failure to challenge association condition at time of imposition resulted in waiver (Mihara, J.)

No. H042385

C.A. 4th

People v. Windfield

Murder victim's friend properly found to be standing within "kill zone" for purposes of attempted murder charge (Ramirez, P.J.)

No. E055062

C.A. 3rd

In re Marriage of Chapman

Spouse's unilateral post-dissolution judgment election to change from one type of military benefit to another could not defeat community property interest of other spouse as set forth in marital settlement agreement (Robie, J.)

No. C079615

9th Cir.

Ebner v. Fresh, Inc.

Consumer could not plausibly allege that product label was false, deceptive, or misleading (Tashima, J.)

No. 13-56644
James V. Selna, District Judge, Presiding Before: Jerome Farris, A. Wallace Tashima, and Jay S. Bybee, Circuit Judges.

C.A. 3rd

People v. Davis

Lack of ownership precluded conviction for theft of naturally flowing water (Butz, J.)

No. C080545

C.A. 1st

People v. Nassetta

Curfew not a valid probation condition for adult convicted of drug and driving-related offenses (Miller, J.)

No. A144049

9th Cir.

United States v. Zhou

Ordering restitution to victim stores in two different states was not plain error even though conviction offense addressed only one set of fraudulent credit card charges (Graber, J.)

No. 14-50288
Philip S. Gutierrez, District Judge, Presiding Before: A. Wallace Tashima, Barry G. Silverman, and Susan P. Graber, Circuit Judges.

C.A. 2nd

In re Marriage of Nassimi

Both spouses were liable for post-dissolution costs of defending litigation arising from pre-dissolution sale of community property (Manella J.)

No. B259704 c/w B260574

C.A. 5th

People v. Sauceda

Defendant convicted of vehicle theft not eligible for resentencing under Prop 47 (Kane, J.)

No. F071531

C.A. 4th

Celia S. v. Hugo H.

Trial court could not circumvent statutory presumption against joint custody by awarding visitation that effectively allowed both parents equal time with children (Aronson, J.)

No. G052124

9th Cir.

de Fontbrune v. Wofsy

District court properly considered foreign legal materials outside pleadings on motion to dismis (McKeown, J.)

No. 14-15790
Samuel Conti, Senior District Judge, Presiding Before: M. Margaret McKeown and Michelle T. Friedland, Circuit Judges and Richard F. Boulware,* District Judge.

9th Cir.

Attorneys Liability Protection Society, Inc. v. Ingaldson Fitzgerald, P.C.

Federal law preempted Alaska statute that precluded reimbursement of legal malpractice insurer's fees and costs for defense of non-covered claim against insured (Nelson, J.)

Nos. 13-35115, 13-35172
Sharon L. Gleason, District Judge, Presiding Before: Jerome Farris, Dorothy W. Nelson, and Jacqueline H. Nguyen, Circuit Judges.

C.A. 4th

City of San Diego v. San Diegans for Open Government

No prevailing party attorney fees to corporation that filed answer in validation act when it was suspended and not revived until deadline to appear in action had passed (Huffman, Acting P.J.)

No. D068939, D069890

C.A. 4th

People v. Perez

Restrictions on sentencing of juvenile offenders not applicable to 20-year old (O'Leary, P.J.)

No. G050927

9th Cir.

Arizona Green Party v. Reagan

Arizona Green party failed to show significant burden on right of ballot access absent evidence of obstacles imposed by deadline for party's petition for recognition (McKeown, J.)

No. 14-15976
Neil V. Wake, District Judge, Presiding Before: M. Margaret McKeown and Michelle T. Friedland, Circuit Judges, and Joan Lefkow,*District Judge.

C.A. 2nd

Dang v. Maruichi American Corporation

Supervisory employee's claim of wrongful termination for union activities not preempted by NLRA (Boren, P.J.)

No. B269005

C.A. 4th

Regalado v. Callaghan

Hirer's negligent exercise of retained control over contractor was not necessarily limited to affirmative acts (Huffman, Acting P.J.)

No. D069647

C.A. 2nd

616 Croft Ave., LLC v. City of West Hollywood

Developer bore burden of establishing unreasonableness of in-lieu affordable housing fees charged by city (Lui, J.)

No. B266660

C.A. 5th

Esparza v. Kaweah Delta District Hospital

Plaintiff who alleged compliance with applicable claims statute in form complaint adequately alleged compliance with Government Claims Act (Franson, J.)

No. F071761

C.A. 4th

People v. Huerta

Trial court properly held evidentiary hearing to determine defendant's eligibility for resentencing under Prop 47 (Slough, J.)

No. E065365

C.A. 1st

In re J.E.

County's failure to properly evaluate or treat dependent minor warranted extension of reunification services to 24 months (Pollak, Acting P.J.)

No. A147724

C.A. 1st

In re J.G.

Juvenile offender's failure to pay restitution did not bar entry of order finding successful completion of probation (Pollak, J.)

No. A147463

9th Cir.

United States v. Diaz

Prop 47 reclassification of California felony conviction as misdemeanor had no retroactive impact on federal sentence enhancement (Bybee, J.)

No. 10-50029 No. 10-50052 No. 10-50058 No. 10-50059 No. 10-50062 No. 10-50064 No. 10-50072 No. 10-50076 No. 10-50113 No. 10-50115
David O. Carter, District Judge, Presiding Before: Jerome Farris, Jay S. Bybee, and N. Randy Smith, Circuit Judges.

9th Cir.

United Cook Inlet Drift Association v. National Marine Fisheries Service

State's oversight of federal fishery did not render fishery management plan unnecessary (Hurwitz, J.)

No. 14-35928
Timothy M. Burgess, Chief Judge, Presiding Before: Raymond C. Fisher, Richard A. Paez, and Andrew D. Hurwitz, Circuit Judges.

9th Cir.

Budiono v. Lynch

Government must proffer threshold evidence on each element to invoke terrorist bar to withholding of removal (Tashima, J.)

No. 12-71804
Before: Harry Pregerson, A. Wallace Tashima, and Consuelo M. Callahan, Circuit Judges.

C.A. 3rd

Mills v. AAA Northern California, Nevada and Utah Insurance Exchange

Auto policy lawfully cancelled after insured failed to respond to insurer's request for additional information (Nicholson, Acting P.J.)

No. C072644

C.A. 4th

In re Ilasa

Inmate was entitled to judicial review of state prison board's denial of parole under review procedure implemented by federal court order (Irion, J.)

No. D069629

9th Cir.

United States v. Williams

Suspect's flight from officers conducting investigatory stop constituted unlawful obstruction and provided probable cause for arrest (Wallace, J.)

No. 15-10008
Richard F. Boulware, District Judge, Presiding Before: J. Clifford Wallace and Alex Kozinski, Circuit Judges and Robert H. Whaley,* Senior District Judge.

C.A. 2nd

In re Korbin Z.

Any visitation granted to father whose whereabouts were unknown for more than six months had to be in minor son's best interest (Willhite, Acting P.J.)

No. B269429

9th Cir.

J.E. F.M. v. Lynch

District court lacked statutory jurisdiction over immigrant minors' claims alleging right to appointed counsel (McKeown, J.)

Nos. 15-35738, 15-35739
Thomas S. Zilly, District Judge, Presiding Before: Andrew J. Kleinfeld, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges.

C.A. 1st

San Francisco Apartment Association v. City and County of San Francisco

San Francisco's imposition of 10-year waiting period on owner's merger of units withdrawn from rental market contravened Ellis Act (Jenkins, J.)

No. A144702

C.A. 2nd

Rothstein v. Superior Court (Rothstein)

Transfer of matter to new judge based on party's timely §170.6 challenge did not compel transfer of earlier filed and related case (Baker, J.)

No. B275603

C.A. 2nd

People v. White

Defendant's frotteuristic disorder created future risk of sexual battery rising to level of sexually violent criminal behavior (Kriegler, J.)

No. B267529

C.A. 2nd

People v. Woods

Evidence that prisoner pleaded guilty to use of force and violence allegations supported commitment determination under Mentally Disordered Offender Act (Perren, J.)

2d Crim. No. B269253

C.A. 2nd

Perez v. U-Haul Co. of California

Employees who filed class wages and hours class action against employer under Private Attorneys General Act did not first have to individually arbitrate their standing to pursue PAGA claims (Zelon, Acting P. J.)

No. B262029

Ca. Sup. Ct.

Friends of the College of San Mateo Gardens v. San Mateo County Community College District

Lead agency, not courts, must decide whether change to previously approved project triggers need for further environmental review (Kruger, J.)

No. S214061

9th Cir.

A. K. H. v. City of Tustin

Police officer used excessive force on noncompliant but unarmed suspect in reported domestic-violence episode (W. Fletcher, J.)

No. 14-55184
Josephine L. Staton, District Judge, Presiding Before: William A. Fletcher, Mary H. Murguia, and John B. Owens, Circuit Judges.

C.A. 4th

People v. Varner

Defendant's felony conviction for receipt of stolen motorcycle under Penal Code §496d was not eligible for Prop 47 resentencing (Miller, J.)

No. E063389

9th Cir.

Tarango v. McDaniel

Nevada Supreme Court failed to consider whether juror's vote was prejudiced by potentially-intimidating police contact (Murguia, J.)

No. 13-17071
Robert Clive Jones, District Judge, Presiding Before: Raymond C. Fisher, Johnnie B. Rawlinson, and Mary H. Murguia, Circuit Judges.

9th Cir.

United States v. Soto-Zuniga

Border control checkpoint arrestee entitled to discovery to dispute government's contention that checkpoint's primary purpose was not routine law enforcement (Gould, J.)

No. 14-50529
Anthony J. Battaglia, District Judge, Presiding Before: Alex Kozinski, William A. Fletcher, and Ronald M. Gould, Circuit Judges.

C.A. 2nd

People ex rel. Allstate Insurance Company v. Dahan

Defendant in qui tam action lacked standing to challenge allocation of civil penalties between state and relator (Aldrich, J.)

No. B259799

C.A. 1st

Jorge v. Culinary Institute of America

No respondeat superior tort liability absent evidence that employer required employee to use personal vehicle to get back and forth to work (Richman, Acting P.J.)

No. A143545

C.A. 1st

T-Mobile West LLC v. City and County of San Francisco

State law does not limit local government's authority to consider aesthetics in deciding applications for siting of wireless telephone equipment (Bruiniers, J.)

No. A144252

C.A. 5th

Freitas v. Shiomoto

Laboratory's improper use of equipment used to assess blood alcohol concentration rendered test results invalid (Smith, J.)

No. F071533

C.A. 1st

In re Brigham

First degree premeditated murder conviction could not survive where there was doubt as to whether jury's conclusion was based on direct aider and abettor finding (Miller, J.)

No. A144572

C.A. 4th

People v. Cortez

Resentencing under Prop 47 may encompass entirety of previously imposed sentence (Ikola, J.)

No. G052158

C.A. 3rd

In re A.F.

Evidence of mother's continued use of alcohol while on methadone supported dependency termination (Butz, J.)

No. C079918
Certified for Publication September 13, 2016

9th Cir.

Wood v. Burwell

Health cafe recipients who obtained remand based on government agency's violation of Administrative Procedure Act were "prevailing party" for purposes of attorney fees under Equal Access to Justice Act (McKeown, J.)

No. 14-15356
David G. Campbell, District Judge, Presiding Before: M. Margaret McKeown, Kim McLane Wardlaw, and Richard C. Tallman, Circuit Judges.

9th Cir.

Fuentes v. Lynch

Immigrant's receipt of authorization to work in U.S. did not admission to U.S. for purposes of establishing continuous residency (per curiam)

No. 13-74056
Before: Barry G. Silverman, Raymond C. Fisher and Paul J. Watford, Circuit Judges.

9th Cir.

Herrera v. Command Security Corporation

Equitable tolling principles applied to union's unlawful interference and coercion claim under Railway Labor Act (Pregerson, J.)

No. 14-55525
Stephen V. Wilson, District Judge, Presiding Before: Harry Pregerson, Richard A. Paez, and Jacqueline H. Nguyen, Circuit Judges.

C.A. 4th

Mendez v. Rancho Valencia Resort Partners, LLC

Noise emanating from a resort's outdoor events not actionable by neighboring property owners (Aaron, J.)

No. D067899
Certified for Publication September 13, 2016

C.A. 5th

Citizens for Ceres v. City of Ceres (Wal-Mart Stores, Inc.)

Prevailing developer in CEQA dispute was entitled to recover costs advanced to agency for preparation of administrative record (Smith, J.)

No. F070988 No. F071600

9th Cir.

Mendiola-Martinez v. Arpaio

Shackling during labor and postpartum recovery may have violated female inmate's constitutional rights (Tallman, J.)

No. 14-15189
David G. Campbell, District Judge, Presiding Before: Barry G. Silverman, Raymond C. Fisher, and Richard C. Tallman, Circuit Judges.

9th Cir.

Kimzey v. Yelp! Inc.

Computer-interactive services provider not liable under Communications Decency Act for content where evidence did not suggest provider created or developed any content (McKeown, J.)

Nos. 14-35487, 14-35494
Richard A. Jones, District Judge, Presiding Before: Michael Daly Hawkins, M. Margaret McKeown, and Andre M. Davis,** Circuit Judges.

9th Cir.

Bahr v. U.S. Environmental Protection Agency

Contingency measures included in air pollution reduction plan had to be measures not yet implemented (Ikuta, J.)

No. 14-72327
Before: Richard R. Clifton and Sandra S. Ikuta, Circuit Judges, and William Q. Hayes,* District Judge.

C.A. 2nd

In re Michael V.

County agency failed to make any affirmative effort to investigate parent's claim of Indian ancestry (Perluss, P.J.)

No. B268149

C.A. 2nd

Penilla v. Westmont Corporation

Arbitration provision in mobilehome park rental agreements was unenforceable (Manella, J.)

No. B262097

9th Cir.

Aerotec International, Inc. v. Honeywell International, Inc.

Antitrust plaintiff failed to show unlawful tying absent evidence of conditions linking manufacturer's sales of tying and tied products (McKeown, J.)

No. 14-15562
John W. Sedwick, District Judge, Presiding Before: M. Margaret McKeown, Kim McLane Wardlaw, and Richard C. Tallman, Circuit Judges.

9th Cir.

United States v. Kaplan

Physician's treatment of paying patient with single-use medical device qualified as "sale" of device (Tallman, J.)

No. 15-10241
Philip M. Pro, District Judge, and Gloria M. Navarro, Chief District Judge, Presiding Before: Susan P. Graber and Richard C. Tallman, Circuit Judges, and Nancy G. Edmunds,* Senior District Judge.

9th Cir.

United States Postal Service v. Ester

Property owners' conduct belied claim that lease agreement had lapsed decades earlier (M.D. Smith, J.)

No. 14-35100
Marsha J. Pechman, District Judge, Presiding Before: A. WALLACE TASHIMA, M. MARGARET McKEOWN, and MILAN D. SMITH, JR., Circuit Judges.

Ca. A.G.

Opinion of Kamala D. Harris (15-801)

Under the weighted voting system used by the Board of Directors of the Metropolitan Water District of Southern California, the votes of some constituent public agencies are shared among two or more representative directors who are present when a vote is taken; accordingly, if such a director is legally disqualified and required to recuse himself or herself from participating in a given board vote, the votes allocated to that agency are to be shared equally among the agency's other qualified representatives who are present when the vote is taken.

No. 15-801

Ca. A.G.

Opinion of Kamala D. Harris (15-1101)

Leave to sue in quo warranto denied because proposed relator's allegations regarding eligibility of particular individual to serve on the Rialto city council did not present a substantial issue of fact or law requiring judicial resolution, and because allowing this lawsuit to proceed would not be in the public interest.

No. 15-1101

Ca. A.G.

Opinion of Kamala D. Harris (15-1103)

A member of a city's redevelopment successor-agency board may not purchase commercial property located within a former redevelopment area pursuant to a right of first refusal contained in a lease that the member entered into before taking office.

No. 15-1103

9th Cir.

In re Tracht Gut, LLC

Price obtained at tax sale conducted in accordance with state law conclusively established "reasonably equivalent value" (Clifton, J.)

No. 14-60007
Pappas, Dunn, and Taylor, Bankruptcy Judges, Presiding Before: Jerome Farris, Richard R. Clifton, and Carlos T. Bea, Circuit Judges.

9th Cir.

Deocampo v. Potts

City's Chapter 9 bankruptcy did not discharge federal civil rights judgment against individual police officers (Wardlaw, J.)

No. 14-16192
William B. Shubb, Senior District Judge, Presiding Before: John T. Noonan, Kim McLane Wardlaw, and Richard A. Paez, Circuit Judges.

9th Cir.

Pauluk v. Savage

Case law rendered viability of state-created danger doctrine unclear where danger arose from physical condition in government workplace (Fletcher, J.)

No. 14-15027
Philip M. Pro, Senior District Judge, Presiding Before: John T. Noonan, William A. Fletcher, and Mary H. Murguia, Circuit Judges.

C.A. 2nd

Lucioni v. Bank of America, N.A.

Homeowners' Bill of Rights does not provide injunctive relief based on entity's alleged lack of standing to foreclose (Raphael, J.)

No. B265722

C.A. 1st

People v. Blackwell

Jury finding of "irreparable corruption" not required for imposition of LWOP sentence on juvenile offender convicted of special circumstances murder (Bruiniers, J.)

No. A144424

Ca. Sup. Ct.

People v. Covarrubias

Prospective juror's stated opposition to death penalty did not justify dismissal without oral voir dire (Cantil-Sakauye, C.J.)

No. S075136

C.A. 1st

People v. Holm

"Commercial establishment" for purposes of Prop 47 includes private golf and country club (Banke, J.)

No. A143873

C.A. 1st

People v. Sibrian

No error in admission of expert testimony on police officers' use of force (Banke, J.)

No. A143369

9th Cir.

MPS Merchant Services, Inc. v. Federal Energy Regulatory Commission

Federal Energy Regulatory Commission reasonably interpreted California tariff to preclude energy companies' market abuses (Thomas, C. J.)

No. 15-73803 No. 15-73818 No. 15-73905 No. 15-73912 No. 16-70004 No. 16-70524 No. 16-70525 No. 16-70868
Before: Sidney R. Thomas, Chief Judge, and M. Margaret McKeown and Richard R. Clifton, Circuit Judges.

9th Cir.

NewGen, LLC v. Safe Cig, LLC

Plaintiff properly permitted to amend defective complaint to establish diversity jurisdiction after entry of default judgment (McKeown, J.)

Nos. 13-56157, 14-57015 No. 13-56225
R. Gary Klausner, District Judge, Presiding Before: M. Margaret McKeown and Sandra S. Ikuta, Circuit Judges, and Robert W. Pratt,* District Judge.

9th Cir.

Draper v. Rosario

Prohibition against improper vouching based on evidence outside record extends to civil trials (Paez, J.)

No. 14-16340
Kimberly J. Mueller, District Judge, Presiding Before: Kim McLane Wardlaw, Richard A. Paez, and Carlos T. Bea, Circuit Judges.

9th Cir.

United States v. Carey

Unclear record failed to support denial of motion to suppress wiretap evidence (Gould, J.)

No. 14-50222
William Q. Hayes, District Judge, Presiding Before: Alex Kozinski, William A. Fletcher, and Ronald M. Gould, Circuit Judges.

9th Cir.

Mohamed v. Uber Technologies, Inc.

Uber driver agreements delegated to arbitrator issue of whether arbitration provisions were enforceable (Clifton, J.)

No. 15-16178 No. 15-16181 No. 15-16250
Edward M. Chen, District Judge, Presiding Before: Richard C. Tallman, Richard R. Clifton, and Sandra S. Ikuta, Circuit Judges.

C.A. 5th

Hott v. College of the Sequoias Community College District

School district's administrative handbook did not take precedence over parties' collective bargaining agreement (Gomes, J.)

No. F070802

C.A. 3rd

Adoption of Reed H.

Appeal from order dispensing with father's right to consent to minor child's adoption must be filed within 60 days of service of family court's written ruling. (Butz, Acting P.J.)

No. C081426

C.A. 2nd

Suarez v. Trigg Laboratories, Inc.

Litigant's purportedly wrongful concealment of information in order to obtain more favorable settlement was protected petitioning activity (Epstein, P.J.)

No. B264511

C.A. 4th

Pratt v. Ferguson

Mother's share of trust estate could be used to satisfy final child support orders obtained by father (Fybel, J.)

No. G052385

9th Cir.

Direct Technologies, LLC v. Electronic Arts, Inc.

District court erred in deeming USB flash drive design not subject to copyright protection as matter of law (Gould, J.)

Nos. 14-56266, 14-56745
Andrew J. Guilford, District Judge, Presiding Before: Alex Kozinski, Ronald M. Gould, and Andrew D. Hurwitz, Circuit Judges.

9th Cir.

In re Castellino Villas, A.K.F. LLC

Creditor's attorney fees incurred in litigation after confirmation of debtor's plan were discharged in bankruptcy (Ikuta, J.)

No. 12-57186
John F. Walter, District Judge, Presiding Before: Michael J. Melloy,* Jay S. Bybee, and Sandra S. Ikuta, Circuit Judges.

C.A. 2nd

Local TV, LLC v. Superior Court (Knutsson)

Television reporter failed to prove lack of consent to distribution and use of TV segments (Raphael, J.)

No. B271883

C.A. 3rd

People v. Cornejo

Expert testimony failed to establish requisite organizational or associational connection between criminal street gang subsets (Hoch, J.)

No. C072053

9th Cir.

Kerr v. Jewell

Plaintiff required to present Whistleblower Protection Act claim to Merit Systems Protection Board before pursuing relief in district court (Fisher, J.)

No. 14-36000
Ralph R. Beistline, District Judge, Presiding Before: Raymond C. Fisher, Richard A. Paez and Andrew D. Hurwitz, Circuit Judges.

9th Cir.

Hiken v. Department of Defense

District court improperly disregarded substantial evidence of market rates in deciding prevailing party's entitlement to attorney fees (Parker, J.)

No. 13-17073
Yvonne Gonzalez Rogers, District Judge, Presiding Before: William A. Fletcher, Johnnie B. Rawlinson, and Barrington D. Parker, Jr.*

C.A. 1st

Minick v. City of Petaluma

Counsel's impairment due to illness and medication entitled party to relief from adverse judgment (Streeter, J.)

No. A143187

C.A. 1st

California Public Utilities Commission v. Superior Court (Aguirre)

Superior court lacked jurisdiction over Public Records Act complaint against California Public Utilities Commission (Miller, J.)

No. A147570

9th Cir.

Singh v. Lynch

Board of Immigration Appeals order both affirming and remanding was final order of removal (per curiam)

No. 12-74163
Before: Alex Kozinski, Diarmuid F. O'Scannlain, and Ronald M. Gould, Circuit Judges.

C.A. 2nd

Vishva Dev, M.D., Inc. v. Blue Shield of California Life and Health Insurance Company

Medical provider's voluntary engagement in insurer's internal appeals process did not toll statute of limitations on quantum meruit claim (Roth-schild, P.J.)

No. B270094

9th Cir.

In re TFT-LCD (Flat Panel) Antitrust Litigation

Federal privilege law governed admission of evidence in suit to enforce mediated settlement of federal and state claims (Graber, J.)

No. 14-15916
Before: J. Clifford Wallace and Susan P. Graber, Circuit Judges, and Barbara M. G. Lynn,* Chief District Judge.

C.A. 1st

Coastal Hills Rural Preservation v. County of Sonoma (Petranker)

County complied with general plan and state environmental law in approving rural religious retreat's expansion project (Dondero, J.)

No. A145573

C.A. 6th

Bay Area Clean Environment, Inc. v. Santa Clara County (Lehigh Southwest Cement Company)

Quarry reclamation plan did not violate either Surface Mining and Reclamation Act or CEQA (Rushing, P.J.)

No. H040789

9th Cir.

L. J. v. Pittsburg Unified School District

Disabled student was entitled to Individualized Education Plan where academic performance required special services unavailable in general education (Schroeder, J.)

No. 14-16139
Jacqueline Scott Corley, Magistrate Judge, Presiding Before: Mary M. Schroeder, A. Wallace Tashima, and John B. Owens, Circuit Judges.

9th Cir.

United States v. JP Morgan Chase Bank

Parties claiming bank funds seized by government as illicit drug proceeds raised material factual issues as to their possessory interests (M. Smith, J.)

No. 14-16070
Michelle H. Burns, Magistrate Judge, Presiding Before: RAYMOND C. FISHER, MILAN D. SMITH, JR., and JACQUELINE H. NGUYEN, Circuit Judges.

9th Cir.

United States v. Alvarez

Restitution may be imposed as condition of supervised release (Clifton, J.)

Nos. 14-50506, 15-50047
Gonzalo P. Curiel, District Judge, Presiding Before: Richard R. Clifton, Consuelo M. Callahan, and Sandra S. Ikuta, Circuit Judges.

C.A. 2nd

People v. Ochoa

Shooting of one victim to intimidate another did not make shooting victim also victim of attempted extortion (Rothschild, P.J.)

No. B264450

C.A. 5th

People v. Cruz

Preponderance of evidence standard not applicable to assessment of other charged crimes for purposes of showing propensity (Smith, J.)

No. F069940

C.A. 4th

People v. Adelmann

Defendant could file Prop 47 petition in whichever court had current jurisdiction (Codrington, J.)

No. E064099

C.A. 3rd

Galzinski v. Somers (Seyffert)

Police failed to follow departmental procedure in responding to citizen's complaint relating to taking of biological samples following arrest (Robie, J.)

No. C079513

9th Cir.

C.R. v. Eugene School District 4J

School district had authority to discipline student for off-campus, sexually harassing speech (Tashima, J.)

No. 13-35856
Thomas M. Coffin, Magistrate Judge, Presiding Before: A. Wallace Tashima and Carlos T. Bea, Circuit Judges and Larry A. Burns,* District Judge.

9th Cir.

Ibrahim v. U.S. Department Of Homeland Security

District court failed to make single substantial justification determination when awarding Equal Access to Justice Act attorney’s fees (Lamberth, J.)

Nos. 14-16161, 14-17272
William Alsup, District Judge, Presiding Before: Richard R. Clifton and Sandra S. Ikuta, Circuit Judges, and Royce C. Lamberth,**Senior District Judge .

9th Cir.

Alvarez v. Tracy

Indian tribe denied tribal member his right to jury trial by failing to inform him he had to request jury trial (Kozinski, J.)

No. 12-15788
David G. Campbell, District Judge, Presiding Before: Alex Kozinski, Diarmuid F. O'Scannlain, and N. Randy Smith, Circuit Judges.