Decisions

C.A. 2nd

Rhule v. Wavefront Technology, Inc.

Appellant's inability to produce hearing transcripts defeated claim that trial court order conflicted with prior ruling (Baker, J.)

No. B267359

9th Cir.

Bates v. Bankers Life and Casualty Company

Court of appeals lacked jurisdiction to hear appeal of district court order striking class allegations (per curiam)

No. 14-35397
Paul J. Papak II, Magistrate Judge, Presiding Before: Richard R. Clifton, Mary H. Murguia, and Jacqueline H. Nguyen, Circuit Judges.

C.A. 2nd

People v. Khamvongsa

Previously served prison term did not preclude dismissal of felony offense later redesignated as misdemeanor (Lui, J.)

No. B269998

C.A. 2nd

People v. Lopez

Victim's attempt to hold onto car as thief drove it away converted simple theft into carjacking (Flier, J.)

No. B267935 No. B277301

C.A. 5th

ONeal v. Stanislaus County Employees Retirement Association

Lawful changes in retirement association's management of funds may have breached fiduciary duty to members (Detjen, J.)

No. F070605

C.A. 4th

Finch Aerospace Corporation v. City of San Diego

Cause of action for slander of title could not rely on statement that failed to reference plaintiff (McConnell, P.J.)

No. D070000

Ca. Sup. Ct.

Perry v. Bakewell Hawthorne, LLC

Failure to timely disclose expert witnesses precludes reliance on expert declarations on motion for summary judgment (Corrigan, J.)

C.A. 2nd

People v. Cowan

Prosecutor committed egregious misconduct in stating presumption of innocence did not apply (Gilbert, P.J.)

2d Crim. No. B258587

C.A. 1st

People v. Lena

No abuse of discretion in trial court's imposition of sanctions for testifying defendant's refusal to submit to cross-examination (Streeter, J.)

No. A138474

C.A. 4th

People v. Nicolas

Instructional error improperly reduced prosecution's burden of proof as to texting while driving in vehicular manslaughter case (Moore, Acting P.J.)

No. G052512

9th Cir.

Brandon v. Maricopa County

County attorney's statements to press regarding pending case not constitutionally protected speech (Bea, J.)

No. 14-16910
Frederick J. Martone, Senior District Judge, Presiding Before: Carlos T. Bea and Sandra S. Ikuta, Circuit Judges, and Jane A. Restani,* International Trade Judge.

9th Cir.

Zetwick v. County of Yolo

Hugs not necessarily common and innocuous workplace behavior (Bennett, J.)

No. 14-17341
Troy L. Nunley, District Court Judge, Presiding Before: Susan P. Graber and Mary H. Murguia, Circuit Judges, and Mark W. Bennett,* District Judge.

C.A. 6th

Doe v. United States Youth Soccer Association, Inc.

Youth soccer leagues had duty to conduct criminal background checks on adults having contact with children in their programs (Mihara, J.)

No. H040688

C.A. 4th

Lynn v. Tatitlek Support Services, Inc.

No showing of employer's vicarious liability for car accident caused by temporary employee traveling home from three-day on-site assignment (Codrington, J.)

No. E063585

C.A. 6th

Vieira Enterprises, Inc. v. McCoy

Trial court errors of law regarding adverse possession claim did not require reversal (Rushing, P.J.)

No. H039293

U.S. Sup. Ct.

Buck v. Davis

Merits of case not at issue in deciding application for certificate of appealability (Roberts, C.J.)

No. 15–8049

C.A. 2nd

Golden Day Schools, Inc. v. Office of Administrative Hearings (California Department of Education)

Department of Education's approval of contracting agency's annual audits did not bar it from undertaking its own audit (Ashmann-Gerst, Acting P.J.)

No. B261461

U.S. Sup. Ct.

Stacy Fry v. Napoleon Community Schools

Exhaustion of the IDEA's administrative procedures unnecessary where gravamen of suit is something other than denial of free and appropriate public education (Kagan, J.)

No. 15–497

C.A. 2nd

In re Marcus C.

Dependency court abused discretion in denying leave to amend petition to conform to proof (Goodman, J.)

No. B270853

U.S. Sup. Ct.

Life Technologies Corp. v. Promega Corp.

Liability for supply of "all or substantial portion" of components of patented invention for combination abroad not triggered by supply of single component of multi-component invention (Sotomayor, J.)

No. 14–1538

C.A. 3rd

People v. Camel

Search warrant authorized search of vehicle found in suspect's front yard (Nicholson, Acting P.J.)

No. C075573

Super. Ct. (App. Div.)

People v. Mason

Driver's "deemed consent" insufficient to support warrantless blood draw (Williams, J.)

No. 1-14-AP-001674

9th Cir.

San Luis and Delta-Mendota Water Authority v. Haugrud

1995 Act gave Secretary of Interior Authority to exceed scheduled Trinity River water release (N.R. Smith, J.)

No. 14-17493 No. 14-17506 No. 14-17515 No. 14-17539
Lawrence J. O'Neill, Chief Judge, Presiding Before: Alex Kozinski and N. Randy Smith, Circuit Judges, and Sharon L. Gleason,** District Judge.

C.A. 4th

Bank of New York Mellon v. Citibank, N.A.

Competing lienholder's claims stated cause of action for equitable subrogation (Epstein, P.J.)

No. B262899

C.A. 6th

Professional Collection Consultants v. Lauron

Defendant failed to show that consumer collection action was untimely (Elia, J.)

No. H042686

C.A. 4th

People v. Alsafar

MDO had right not to be compelled to testify against himself at recommitment trial (O'Leary, P.J.)

No. G052951

C.A. 6th

People v. Black

Guarantee of repayment undermined characterization of transaction as sale of securities (Premo, J.)

No. H043360

C.A. 6th

People v. Smith

Conviction for attempted possession of controlled substance triggers requirement to register as narcotics offender (Mihara, J.)

No. H042287

C.A. 4th

Southern California Sunbelt Developers, Inc. v. Banyan Limited Partnership

Trial court may exercise discretion to reallocate receivership costs (O'Leary, P.J.)

No. G051260

C.A. 4th

Doe v. State of California

State's erroneous maintenance of individual's name on sex offender database constituted protected activity for purposes of anti-SLAPP statute (Benke, Acting P.J.)

No. D069411

Ca. Sup. Ct.

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

Losing bidder on public works contract cannot state cause of action for intentional interference with prospective economic advantage against winning bidder (Corrigan, J.)

C.A. 1st

People v. Clark

Defendant may not challenge validity of underlying strike conviction in Prop 36 petition for resentencing (Kline, P.J.)

No. A143378

C.A. 2nd

People v. Diaz

Prop 47 redesignation of felony as misdemeanor does not impact enhancement previously imposed based on that felony (Willhite, J.)

No. B269048

Ca. Sup. Ct.

People v. Superior Court (Morales)

Trial court has jurisdiction to order preservation of potentially discoverable evidence for capital defendant’s future use in habeas proceedings (Werdegar, J.)

C.A. 1st

Argentieri v. Zuckerberg

Allegedly defamatory statement protected under fair and true reporting privilege (Needhman, J.)

No. A147932

C.A. 2nd

Samara v. Matar

Neither issue preclusion nor claim preclusion applied to patient's claims against allegedly negligent dentist's employer (Perluss, P.J.)

No. B265752

C.A. 2nd

Secci v. United Independent Taxi Drivers, Inc.

California law does not preclude consideration of controls imposed by public regulation in finding agency relationship (Kriegler, J.)

No. B270082

C.A. 4th

Hamilton v. Orange County Sheriff’s Department

Trial court's rejection of parties' joint stipulation to continuance resulted in injustice (Ikola, J.)

No. G051773

C.A. 2nd

People v. Superior Court (Corbett)

Later obtained warrant did not excuse prior warrantless search of suspect's home (Zelon, Acting P.J.)

No. B276937

C.A. 1st

People v. Cuiriz

Twenty-seven year sentence for 19-year old first offender's commission of attempted voluntary manslaughter constituted cruel and unusual punishment (Pollak, Acting P.J.)

No. A144351

C.A. 6th

People v. Dillard

Probation conditions did not undermine defendant's no contest plea (Grover, J.)

No. H042086

C.A. 2nd

Atkins v. City of Los Angeles

City of Los Angeles failed to reasonably accommodate police recruits injured during training (Segal, J.)

No. B257890

Super. Ct. (App. Div.)

Scott v. Kaiuum

Termination of Section 8 payments due to landlord's failure to maintain premises in habitable condition did not place tenant in breach of rental agreement (Hoff, J.)

Sup. Ct. Appeal No. 2574

C.A. 2nd

In re Breanna S.

Parent's irregular visitation history insufficient to warrant application of parent-child relationship exception to termination of parental rights (Perluss, P.J.)

No. B275340

C.A. 6th

People v. Presley

Mentally disordered offender waived any claim of error in recommitment proceedings after he absconded from outpatient treatment (Premo, J.)

No. H041651

9th Cir.

Herklotz v. Parkinson

Federal district court lacked subject matter jurisdiction over state law claims involving non-diverse parties (Zouhary, J.)

Nos. 07-56657, 07-56662
Manuel L. Real, District Judge, Presiding Before: Marsha S. Berzon and Jacqueline H. Nguyen, Circuit Judges, and Jack Zouhary,* District Judge.

C.A. 6th

People v. Lowery

Actual value of forged check may be less than its face value (Rushing, P.J.)

No. H042551

C.A. 2nd

In re Grace P.

Parent should have been allowed a contested hearing on applicability of beneficial parent-child relationship exception to termination of parental rights (Goswami, J.)

No. B275689

C.A. 3rd

Mercury Casualty Company v. Jones

Insurer's advertising expenses properly disallowed as "institutional advertising" (Robie, J.)

No. C077116, C078667

C.A. 3rd

Jones v. Whisenand

Actual innocence requirement not applicable to legal malpractice action in context of SVPA proceedings (Renner, J.)

No. C079496

C.A. 1st

Geraghty v. Shalizi

Tenant who accepted landlord's buyout offer to avoid eviction could not later sue for violation of local rent ordinance (Banke, J.)

No. A144743

C.A. 1st

Leighton v. Forster

Unsigned attorney fee agreement not binding (Ruvolo, P.J.)

No. A145601

9th Cir.

Safari Club International v. Rudolph

Publishing of surreptitiously-recorded conversation supported claim of invasion of privacy (Seeborg, J.)

No. 14-56236
James V. Selna, District Judge, Presiding Before: Johnnie B. Rawlinson and Carlos T. Bea, Circuit Judges, and Richard Seeborg,*District Judge.

C.A. 1st

People v. Price

Acceptance of voluntary manslaughter pleas from co-defendants not legally or factually inconsistent with defendant's prosecution for murder (Stewart, J.)

No. A140775

C.A. 4th

People v. Watson

Sentence of life without parole not cruel and unusual punishment for juvenile murderer (Huffman, J.)

No. D069324

9th Cir.

State of Washington v. Trump

Trump executive order on immigration not "unreviewable" (per curiam)

No. 17-35105
James L. Robart, District Judge, Presiding Before: William C. Canby, Richard R. Clifton, and Michelle T. Friedland, Circuit Judges

C.A. 4th

Citizens for Odor Nuisance Abatement v. City of San Diego

Presence of sea lions on city shore not public nuisance for which city could be held liable (Huffman, Acting P.J.)

No. D068086

9th Cir.

Saleh v. Bush

Former government officials entitled to immunity under Westfall Act for decisions relating to invasion of Iraq (Graber, J.)

No. 15-15098
Jon S. Tigar, District Judge, Presiding Before: Susan P. Graber and Andrew D. Hurwitz, Circuit Judges, and Richard F. Boulware,* District Judge.

C.A. 4th

Blanchette v. Superior Court (GHA Enterprises)

Inadequate specificity in homeowner's notice of construction defects under Right to Repair Act does not relieve builder of duty to timely respond (Benke, Acting P.J.)

No. D070545

C.A. 6th

Jacobs v. Locatelli

Extrinsic evidence should have been admitted to clarify identities of parties to real estate listing agreement (Rushing, P.J.)

No. H042292

C.A. 6th

In re Marriage of Schleich

Family court erred in imposition of sanctions for spouse's nondisclosure of assets (Grover, J.)

No. H039870, H041234

C.A. 5th

People v. Cook

Crime of assault with intent to commit rape does not necessarily involve force or fear (Smith, J.)

No. F070733

C.A. 3rd

People v. Nichols

Doctrine of comparative negligence did not apply to restitution award to crime victim's parents (Murray, J.)

No. C069555

C.A. 2nd

Daniel v. Wayans

On-set comments during filming of movie constituted free speech in connection with issue of public interest (Johnson, J.)

No. B261814 Consolidated with B263950

9th Cir.

Design Data Corporation v. Unigate Enterprise, Inc.

Software copyright not shown to include output produced using copyrighted program (Hawkins, J.)

No. 14-16701 No. 14-17317
William Horsley Orrick III, District Judge, Presiding Before: Michael Daly Hawkins, Consuelo M. Callahan, and Andrew D. Hurwitz, Circuit Judges.

Ca. Sup. Ct.

People v. Hall

Probation conditions prohibiting possession of firearms and illegal drugs included implicit requirement of knowing possession (Cué éllar, J.)

C.A. 4th

People v. Martinez

Perpetrator of continuous sexual abuse of child properly ordered to pay victim restitution for noneconomic damages (McConnell, P.J.)

No. D068746

C.A. 2nd

Vasserman v. Henry Mayo Newhall Memorial Hospital

Waiver of the right to a judicial forum for statutory claims must be clear and unmistakable (Collins, J.)

No. B267975

C.A. 5th

Medina v. GEICO Indemnity Company

Insured's exclusive and unrestricted use of company vehicle precluded coverage under personal auto policy excluding coverage for non-owned vehicles "regularly used" by insured (Gomes, J.)

No. F072548

9th Cir.

Just Film, Inc. v. Buono

Differences between injuries suffered by class representative and other class members did not defeat typicality (Gould, J.)

No. 14-16132 No. 14-16133
Claudia Wilken, District Judge, Presiding Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and John R. Tunheim,* Chief District Judge.

9th Cir.

United States v. Loucious

Miranda warnings sufficed to advise suspect of right to consult with attorney prior to questioning (Gould, J.)

No. 16-10121
Jennifer A. Dorsey, District Judge, Presiding Before: Ronald M. Gould, Richard R. Clifton, and Paul J. Watford, Circuit Judges.

9th Cir.

United States v. Peralta-Sanchez

No due process right to counsel in expedited removal proceedings (Bybee, J.)

Nos. 14-50393, 14-50394
Larry A. Burns, District Judge, Presiding Before: Harry Pregerson, Jay S. Bybee, and N. Randy Smith, Circuit Judges.

C.A. 3rd

Cuenca v. Cohen (City of Santa Ana)

Stipulated judgments requiring city to set aside funds for low income housing did not preclude funds from being deemed unencumbered once Dissolution Law took effect (Hoch, J.)

No. C076814

9th Cir., B.A.P.

In re Tomkow

State appellate court's affirmance of judgment on any ground warranted issue preclusion as to all issues decided by trial court (Taylor, B.J.)

BAP No. CC-16-1075-TaFMc BAP No. CC-16-1076-TaFMc
Honorable Julia Wagner Brand, Bankruptcy Judge, Presiding Before: TAYLOR, FARIS, and MCKITTRICK,* Bankruptcy Judges.

C.A. 5th

People v. Frutoz

Enhancement for being armed with firearm properly applied to charge of possession of firearm by felon (Detjen, J.)

No. F069140

9th Cir.

Prather v. AT and T, Inc.

Former state attorney failed to show he was original source of claims made in qui tam action (Sessions, J.)

No. 13-17489
Charles R. Breyer, District Judge, Presiding Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and William K. Sessions III,* District Judge.

9th Cir.

Arizona Dream Act Coalition v. Brewer

Federal law preempted Arizona policy rendering DACA recipients ineligible for drivers' licenses (Pregerson, J.)

No. 15-15307
David G. Campbell, District Judge, Presiding Before: Harry Pregerson, Marsha S. Berzon, and Morgan B. Christen, Circuit Judges.

C.A. 2nd

Stella v. Asset Management Consultants, Inc.

Investor could not claim delayed discovery who had notice of alleged wrongdoing at time of investments (Perluss, P.J.)

No. B269207

9th Cir.

Poublon v. C.H. Robinson Company

Ability to sever two invalid portions of employer's dispute resolution agreement rendered agreement valid and enforceable (Ikuta, J.)

No. 15-55143
Christina A. Snyder, District Judge, Presiding Before: Consuelo M. Callahan, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.

C.A. 5th

Sanchez v. Kern Emergency Medical Transportation Corporation

Proffered expert testimony speculative and lacking in foundation (Hill, P.J.)

No. F069843
Part. pub. order February 2, 2017

9th Cir.

Mayes v. Winco Holdings, Inc.

Terminated employee offered sufficient evidence that employer's stated grounds for termination were pretextual (Christen, J.)

No. 14-35396
Edward J. Lodge, District Judge, Presiding Before: M. Margaret Mckeown, Richard C. Tallman, and Morgan Christen, Circuit Judges.

C.A. 6th

Van v. Language Line Services, Inc.

Trial court order denying application for stay of deposition did not provide basis for subsequent finding of contempt or issuance of sanctions (Rushing, P.J.)

No. H041459
Certified for publication February 1, 2017

C.A. 5th

People v. Lamb

Enhancement for rendering victim comatose may apply to assault conviction notwithstanding defendant's conviction for manslaughter in same proceeding (PeÑa, J.)

No. F069279

C.A. 5th

People v. Johnson

Prop 47 reclassification of prior felony offenses as misdemeanors did not alter fact of prior prison term based on those felony convictions (Detjen, J.)

No. F071140

C.A. 3rd

Kalnoki v. First American Trustee Servicing Solutions, LLC

Untimely assignment of deed of trust to New York securitized trust merely voidable and not void (Hull, J.)

No. C073207 No. C075062, C079144

C.A. 2nd

Western Surety Company v. La Cumbre Office Partners, LLC

Erroneous designation of signatory to agreement as limited liability company's managing member did not invalidate signature (Yegan, J.)

2d Civil No. B269276

C.A. 2nd

Ronald F. v. Department of Developmental Services (North Los Angeles Regional Center)

Neither statutory amendment nor appellate court decision constituted intervening change in law as to applicant's eligibility for services under Lanterman Act (Chavez, J.)

No. B267819

C.A. 2nd

In re M.R.

Parents' steadfast denial of responsibility for drunk driving incident warrant dependency jurisdiction (Baker, J.)

No. B271027

9th Cir.

Center for Biological Diversity v. U.S. Environmental Protection Agency

Panel Reversed in Part Dismissal of Suit Alleging EPA violated Endangered Species Act

No. 14-16977
Center for Biological Diversity v. U.S. Environmental Protection Agency

9th Cir.

Sharemaster v. U.S. Securities & Exchange Commission

Fine imposed against broker by FINRA constituted "live" sanction subject to review by SEC (Callahan, J.)

No. 13-73199
Before: Consuelo M. Callahan, and N. Randy Smith, Circuit Judges, and Jed S. Rakoff,* District Judge.

9th Cir.

Dixon v. Baker

State inmate's federal habeas petition should have been stayed to permit exhaustion of claims (Gilman, J.)

No. 14-16644
Robert Clive Jones, District Judge, Presiding Before: Alex Kozinski, Ronald Lee Gilman,* and Michelle T. Friedland, Circuit Judges.

C.A. 4th

Orange County Water District v. Public Employment Relations Board (Orange County Water District Employees Association)

Agency shop need not include all members of bargaining unit (Fybel, J.)

No. G052725

C.A. 4th

OC Interior Services, LLC v. Nationstar Mortgage, LLC

Purported bona fide purchaser for value could not claim title based on void judgment (O'Rourke, J.)

No. D070680

C.A. 4th

Hensley v. San Diego Gas & Electric Company

Property owners could present evidence of emotional distress on trespass and nuisance claims as recoverable annoyance and discomfort damages (O'Rourke, J.)

No. D070259

C.A. 1st

Rincon EV Realty, LLC v. CP III Rincon Towers, Inc.

California had materially greater interest than New York in deciding enforceability of contractual jurytrial waiver (Streeter, J.)

No. A138463

C.A. 2nd

Fulle v. Kanani

Annoyance and discomfort damages were subject to statutory damage multiplier for trespass to trees (Epstein, P. J.)

No. B271240

C.A. 2nd

People v. Bichara

Counsel erred prejudicially in failing to object to confession obtained in violation of Miranda rights (Kriegler, Acting P.J.)

No. B270653

9th Cir.

United States v. Niebla-Torres

Evidence corroborated defendant's confessed participation in drug smuggling operation (Christen, J.)

No. 15-10261
Raner C. Collins, Chief Judge, Presiding Before: William A. Fletcher, Morgan B. Christen, and Michelle T. Friedland, Circuit Judges.

C.A. 2nd

Williamson v. Brooks

Trustees' alleged breach of fiduciary duty resulted in no compensable damages (Perren, J.)

2d Civil No. B265745

9th Cir.

Manley v. Rowley

District court judge's comments reflected inability to preside fairly over case on remand (M.D. Smith, J.)

No. 15-15320
Robert C. Jones, District Judge, Presiding Before: DIARMUID F. O'SCANNLAIN, RONALD M. GOULD, and MILAN D. SMITH, JR., Circuit Judges.

9th Cir.

Van Patten v. Vertical Fitness Group, LLC

Scope of consumer's consent to being contacted by phone depends on context in which consent is given (Gould, J.)

No. 14-55980
Larry A. Burns, District Judge, Presiding Before: William A. Fletcher and Ronald M. Gould, Circuit Judges, and Ivan L.R. Lemelle,* District Judge.

C.A. 6th

In re Q.R.

Probation condition for warrantless search of all electronic devices was not overbroad for offense of cell-phone child-pornography possession (Grover, J.)

No. H043075

C.A. 1st

McGinnis v. Superior Court (People)

Defendant's indigency should not bar access to postconviction discovery (Pollack, Acting P.J.)

No. A149006

9th Cir.

United States v. Laursen

Evidence of consensual nude "selfies" with sixteen-year-old supported defendant's conviction for production and possession of child pornography (Rawlinson, J.)

No. 14-30244
Robert J. Bryan, Senior District Judge, Presiding Before: Michael Daly Hawkins, Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges.

C.A. 4th

In re Mallard

Prop 47 reduction of drug possession offense from felony to misdemeanor did not impact statutory limitation on conduct credit for violent felon (Huffman, Acting P.J.)

No. D071345

C.A. 1st

People v. Brown

Misdemeanor shoplifting under Prop 47 did not include defendant's use of forged prescription to obtain drugs (Margulies, J.)

No. A147671

C.A. 2nd

C.M. v. M.C.

Surrogate mother's challenges to validity of surrogacy agreement lacked merit (Lui, J.)

No. B270525

9th Cir.

Sandoval v. Yates

Oregon conviction for delivery of controlled substance not categorical aggravated felony for removal purposes (Fisher, J.)

No. 13-71784
Michael J. McShane, District Judge, Presiding Before: M. Margaret McKeown, William A. Fletcher and Raymond C. Fisher, Circuit Judges.

C.A. 4th

Simmons v. Superior Court (City of San Diego)

Officers' body camera video did not conclusively establish that they did not conduct unauthorized roadside body cavity search (Haller, Acting P.J.)

No. D070734

C.A. 4th

Hudson v. Superior Court (People)

Evidence sufficient to support charges of willful failure to timely file tax returns with intent to evade paying tax (Moore, Acting P.J.)

No. G052324

C.A. 2nd

People v. Forrest

Prosecutor's misleading argument statements regarding voluntary intoxication were harmless (Lui, J.)

No. B261130

C.A. 4th

People v. Sledge

Probation report properly admitted to document juvenile adjudication for Prop 47 petitioner's disqualifying "super strike offense" (Thompson, J.)

No. G052780

Ca. Sup. Ct.

People v. Winbush

Comparative juror analysis did not reveal racial bias (Corrigan, J.)

9th Cir.

Reynaga v. Roseburg Forest Products

Fact issues precluded summary judgment on Hispanic worker's hostile work environment, disparate treatment, and retaliatory termination claims (Pregerson, J.)

No. 14-35028
Michael J. McShane, District Judge, Presiding Before: Harry Pregerson, Carlos T. Bea, and John B. Owens, Circuit Judges.

C.A. 3rd

Central San Joaquin Water Conservation District v. Stockton East Water District

Water district could not charge pro rata rate as fair compensation for wheeling water to agricultural supplier (Raye, P. J.)

No. C072218

C.A. 4th

Acqua Vista Homeowners Association v. MWI, Inc.

Statutory claim for material supplier's violation of building standards requires proof of negligence or breach of contract (Aaron, J.)

No. D068406

C.A. 4th

Leyva v. Crockett and Company, Inc.

Statutory public trail immunity protected grantor of trail easement from hiker's personal injury claims (MCConnell, P.J.)

No. D069756

C.A. 2nd

De La Torre v. California Horse Racing Board

California Horse Racing Board's regulatory authority to suspend drug's use in race horses for 12 months did not give it authority to extend suspension for additional 12-month periods (Liu, J.)

No. B268289

9th Cir.

Koby v. ARS National Services, Inc.

Class settlement unreasonable that gave worthless relief to all class members other than named plaintiffs (Watford, J.)

No. 13-56964
Karen S. Crawford, Magistrate Judge, Presiding Before: Paul J. Watford and Michelle T. Friedland, Circuit Judges, and J. Frederick Motz,* District Judge.

C.A. 4th

Hudson v. Superior Court (People)

Williamson rule barred felony prosecution of official who failed to include assets on public disclosure form (Miller, J.)

No. E065645

C.A. 6th

San Jose Unified School District v. Santa Clara County Office of Education (Rocketship Education)

County board of education lacked authority to issue zoning ordinance exemption for charter school property (Elia, J.)

No. H041088

C.A. 1st

In re Carl H.

No statutory basis for dismissal of dependency petition as to endangered minor child (Siggins, J.)

No. A147220 No. A147335

C.A. 2nd

In re Yolanda L.

Danger to children required removal from father who possessed drugs and stored loaded gun in accessible location (Rubin, J.)

No. B271130

9th Cir.

Alaska Airlines Inc. v. Schurke

Railway Labor Act preempted flight attendant's assertion of state-law right to use vacation leave for care of sick child (Kleinfeld, J.)

No. 13-35574
James L. Robart, District Judge, Presiding Before: J. Clifford Wallace, Andrew J. Kleinfeld, and Morgan Christen, Circuit Judges.

C.A. 2nd

Gillies v. JPMorgan Chase Bank, N.A.

Res judicata barred residential borrower's sequential lawsuits challenging foreclosure (Yegan, Acting P. J.)

2d Civil No. B272427

C.A. 3rd

In re J.G.

Satisfactory completion of deferred entry of judgment program does not relieve minor of obligation to pay court-ordered restitution (Mauro, J.)

No. C077056

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. 5th

Merced Irrigation District v. Superior Court (Hart High-Voltage Apparatus Repair and Testing Co., Inc.)

Irrigation district not "municipal corporation" under statute authorizing recovery for equipment damage (Franson, J.)

No. F072704

9th Cir.

In re Khan

Conversion of stock shares by company founders did not involve "purchase or sale" of securities for purposes of subordinating claims (Fernandez, J.)

No. 15-60002 No. 15-60003 No. 15-60004 No. 15-60005 No. 15-60006 No. 15-60007
Taylor, Dunn, and Kirscher, Bankruptcy Judges, Presiding Before: Diarmuid F. O'Scannlain, Ferdinand F. Fernandez, and Johnnie B. Rawlinson, Circuit Judges.

9th Cir.

Perfect 10, Inc. v. Giganews, Inc.

Copyright holder failed to demonstrate infringement where images appeared on defendant's Usenet servers (D.W. Nelson, J.)

No. 15-55500 No. 15-55523 No. 15-56026
Andre Birotte, Jr., District Judge, Presiding Before: Harry Pregerson, Dorothy W. Nelson, and John B. Owens, Circuit Judges.

C.A. 3rd

People v. Garrett

Youthful offenders serving life terms were entitled to remand to assess adequacy of opportunity afforded them to present information relevant to eventual youth offender parole hearings (Hoch, J.)

No. C067436 No. C069886

C.A. 4th

In re M.R.

Incarceration of minors' father not sufficient basis for exercise of dependency jurisdiction (Hollenhorst, Acting P.J.)

No. E064621

Ca. Sup. Ct.

Association of California Insurance Companies v. Jones

Insurance Commissioner acted within statutory authority in promulgating regulation requiring insurers to take steps to verify property's replacement cost prior to issuing overage (Cuéllar, J.)

9th Cir.

Labertew v. Langemeier

Arizona garnishers' failure to object did not discharge garnishees who answered after removing proceedings to federal district court (Kleinfeld, J.)

No. 14-15879
David G. Campbell, District Judge, Presiding Before: Andrew J. Kleinfeld, Sandra S. Ikuta, and Paul J. Watford, Circuit Judges.

9th Cir.

Yagman v. Garcetti

City of Los Angeles's implementation of Vehicle Code procedure for contesting parking citations does not violate due process (Zouhary, J.)

No. 14-56223
George H. King, District Judge, Presiding Before: Marsha S. Berzon and Jacqueline H. Nguyen, Circuit Judges, and Jack Zouhary, District Judge.

9th Cir.

Syed v. M-I, LLC

Prospective employer violated Fair Credit Reporting Act by including liability waiver in mandatory disclosure before obtaining applicant's consumer report (Wardlaw, J.)

No. 14-17186
William B. Shubb, District Judge, Presiding Before: Mary M. Schroeder, Kim McLane Wardlaw, and John B. Owens, Circuit Judges.

C.A. 4th

In re Miles

Armed robbers' credible confessions warranted issuance of writ of habeas corpus for man wrongly imprisoned for almost 20 years (Moore, Acting P.J.)

No. G046534

C.A. 2nd

People v. Jones

Legislative enactments mooted youthful offender's constitutional challenge to sentence as functional equivalent of life without parole (Zelon, J.)

No. B263800

9th Cir.

Duran Escobar v. Lynch

Immigrant's conviction under state witness-tampering statute was not for categorical crime involving moral turpitude (Christen, J.)

No. 12-70930
Before: Marsha S. Berzon, Morgan B. Christen, and Jacqueline H. Nguyen, Circuit Judges.

Super. Ct. (App. Div.)

People v. Onesra Enterprises, Inc.

Medical marijuana business that could not prove tax registration was not immune from prosecution for operating prohibited business (B. Johnson, J.)

No. BR 052596

9th Cir.

Consumer Financial Protection Bureau v. Great Plains Lending, LLC

Consumer Financial Protection Act of 2010 enforceable against for-profit lending companies operated by Native American tribes (Rawlinson, J.)

No. 14-55900
Michael W. Fitzgerald, District Judge, Presiding Before: Ferdinand F. Fernandez, Johnnie B. Rawlinson, and Carlos T. Bea, Circuit Judges.

C.A. 2nd

Chen v. L.A. Truck Centers, LLC

Trial court erred in failing to reconsider choice of law determination following dismissal of out-of-state defendant (Rubin, Acting P. J.)

No. B265304

Ca. Sup. Ct.

Kabran v. Sharp Memorial Hospital

Trial court had jurisdiction to consider plaintiff's untimely new trial motion affidavits where defendant failed to object (Liu, J.)

C.A. 4th

In re Joshua R.

Ongoing firearm prohibition did not preclude sealing juvenile's record upon completion of probation (Moore, Acting P.J.)

No. G052965

C.A. 4th

People v. Superior Court (Lara)

Juvenile entitled to Prop 57 fitness hearing in action filed in criminal court prior to Prop 57's effective date (Ramirez, P. J.)

No. E067296

Ca. Sup. Ct.

People v. White

Perpetrator may properly be convicted of two crimes based on rape of person who is both unconscious and intoxicated (Chin, J.)

9th Cir.

United States v. Joey

Longer sentence for sexual contact with minor properly imposed on repeat dangerous sex offender (Ikuta. J.)

No. 15-10096
Steven Paul Logan, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Carlos T. Bea and Sandra S. Ikuta, Circuit Judges.

9th Cir.

Norcia v. Samsung Telecommunications America, LLC

Mobile phone buyer not bound by arbitration provision in phone's warranty brochure (Ikuta, J.)

No. 14-16994
James Donato, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Carlos T. Bea and Sandra S. Ikuta, Circuit Judges.

9th Cir.

Retail Wholesale and Department Store Union Local 338 Retirement Fund v. Hewlett-Packard Co.

Conflict between CEO's behavior and corporation's ethical standards insufficient to support claim of securities fraud (Christensen, C.J.)

No. 14-16433
Jon S. Tigar, District Judge, Presiding Before: Marsha S. Berzon and N. Randy Smith, Circuit Judges and Dana L. Christensen,* Chief District Judge.

C.A. 3rd

Pizarro v. Reynoso (Reynoso)

Party need not instigate litigation against a trust in order to be held liable for fees and costs (Nicholson, Acting P.J.)

No. C077594

9th Cir.

Slep-Tone Entertainment Corporation v. Wired for Sound Karaoke and DJ Services, LLC

Use of copy of karaoke track from original CD-G did not constitute trademark infringement (per curiam)

No. 14-17229
Neil V. Wake, District Judge, Presiding Before: Susan P. Graber and Andrew D. Hurwitz, Circuit Judges, and Richard F. Boulware,* District Judge.

C.A. 1st

N.S. v. Superior Court (Alameda County Social Services Agency)

Nondependent minor's response to county's direct question regarding her eligibility for services could not be construed as putting her mental health at issue (Rivera, J.)

No. A148694

9th Cir.

Barajas-Romero v. Lynch

Political beliefs need not be "one central reason" for persecution in order for victim to qualify for withholding of removal (Kleinfeld, J.)

No. 13-70520
Before: Andrew J. Kleinfeld, Jacqueline H. Nguyen, and Paul J. Watford, Circuit Judges.

C.A. 2nd

People v. Williams

Robbery victims' movement from retail area to back of store insufficient to support perpetrators' convictions for kidnapping (Johnson, J.)

No. B259659

C.A. 1st

People v. Ochoa

Gang expert's testimony did not prejudicially violate Confrontation Clause or hearsay rule (Simons, J.)

No. A137763

C.A. 4th

People v. Goodrich

Reclassification of underlying felony offense under Prop 47 did not preclude recommitment of mentally disordered offender (Aaron, J.)

No. D069515

C.A. 3rd

People v. Bradley

Confidential informant's ability to corroborate incidental facts insufficient to warrant disclosure of his identity (Nicholson, J.)

No. C075294

C.A. 4th

Stueve v. Buchalter Nemer

Jury was "impaneled and sworn" for purposes of five-year dismissal statute upon commencement of voir dire (Moore, Acting P.J.)

No. G052779

9th Cir.

Safari Club International v. Rudolph

Invasion of privacy plaintiffs demonstrated reasonable probability of prevailing where defendant published surreptitiously-recorded conversation (Seeborg, J.)

No. 14-56236
James V. Selna, District Judge, Presiding Before: Johnnie B. Rawlinson and Carlos T. Bea, Circuit Judges, and Richard Seeborg,*District Judge.

U.S. Sup. Ct.

Lightfoot v. Cendant Mortgage Corp.

Fannie Mae's sue-and-be-sued clause does not grant federal courts jurisdiction over all cases involving Fannie Mae (Sotomayor, J.)

No. 14–1055

9th Cir.

Schwern v. Plunkett

Amendment to Oregon's anti-SLAPP statute gave rise to jurisdiction to hear immediate appeal (McKeown. J.)

No. 14-35576
Marco A. Hernandez, District Judge, Presiding Before: M. Margaret McKeown, William A. Fletcher, and Raymond C. Fisher, Circuit Judges.

9th Cir.

Ames v. King County

Deputy sheriffs entitled to qualified immunity from excessive force and unlawful search claims incident to emergency drug overdose response (Tallman, J.)

No. 14-36035
Ricardo S. Martinez, Chief Judge, Presiding Before: M. Margaret McKeown, Richard C. Tallman, and Morgan B. Christen, Circuit Judges.

C.A. 1st

People v. Bastidas

Probationer was "serving a sentence" for Prop 47 purposes (Simons, J.)

No. A146431

C.A. 4th

Bareno v. San Diego Community College District

Employer's conduct belied claim it did not receive notice of employee's need for medical leave (Aaron, J.)

No. D069381

C.A. 3rd

Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Garfield Beach CVS, LLC)

Underage decoy required to reply only to store clerk's specific question about his or her age (Hoch, J.)

No. C078574

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.

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