Decisions

9th Cir.

In re Salamon

Nonjudicial foreclosure sale eliminated non-recourse lienholder's right of recourse against bankruptcy estate (Schroeder, J.)

No. 15-60031
Kirscher, Pappas, and Taylor, Bankruptcy Judges, Presiding Before: Mary M. Schroeder, Andre M. Davis,* and Mary H. Murguia, Circuit Judges.

9th Cir.

Porter v. Nabors Drilling USA, L.P.

Governmental unit exception to automatic bankruptcy stay did not apply to PAGA claim (Clifton, J.)

No. 15-16985
Morrison C. England, Jr., District Judge, Presiding Before: William C. Canby, Richard R. Clifton, and Michelle T. Friedland, Circuit Judges.

C.A. 2nd

In re B.M.

Butter knife wielded by assailant was "deadly weapon" (Yegan, Acting P.J.)

2d Juv. No. B277076

C.A. 3rd

People v. Superior Court (Rodas)

Probationer had no right to withdraw eight-year old no contest plea or to take advantage of intervening change in law (Hull, Acting P.J.)

No. C082363

C.A. 3rd

People v. Valdez

Inmate properly found to have been "armed" with weapon found in cell in his absence (Murray, J.)

No. C077882

C.A. 4th

People v. Wismer

"Controlled experiment" in jury room constituted juror misconduct (Dato, J.)

No. D068743

9th Cir.

United States v. Rivera-Muniz

California conviction for manslaughter qualifies as categorical crime of violence for purposes of Sentencing Guidelines (Kobayashi, J.)

No. 15-10560
Jennifer G. Zipps, District Judge, Presiding Before: Jay S. Bybee and N. Randy Smith, Circuit Judges, and Leslie E. Kobayashi,* District Judge.

C.A. 4th

Citizens for Beach Rights v. City of San Diego

City timely undertook "utilization" of site development permit by applying for necessary regulatory approval (Nares, J.)

No. D069638

9th Cir.

United States v. Harris

Writ of garnishment properly attached to trust distributions to satisfy criminal restitution order (per curiam)

No. 16-10152
Thelton E. Henderson, District Judge, Presiding Before: Richard C. Tallman and Paul J. Watford, Circuit Judges, and Louis Guirola, Jr.,* Chief District Judge.

C.A. 2nd

Baranchik v. Fizulich

Conviction for resisting an officer barred plaintiff's claim of excessive force (Kriegler, J.)

No. B268133

C.A. 1st

In re Edward B.

Gang condition not reasonably related to juvenile offender's crime of purse snatching (Miller, J.)

No. A148887

C.A. 2nd

People v. Armijo

Defendant's letter complaining of deficient representation warranted Marsden hearing (Small, J.)

No. B266687

C.A. 2nd

Tepper v. Wilkins

Adult child lacked standing to bring elder abuse claim on her mother's behalf (Perluss, P.J.)

No. B269900

C.A. 2nd

Featherstone v. Southern California Permanente Medical Group

Employer's refusal to allow employee to rescind prior resignation not adverse employment action under FEHA (Johnson, J.)

No. B275225

C.A. 4th

Gabrielle A. v. County of Orange

Parents' no contest pleas to dependency jurisdiction barred later claims of minors' wrongful detention by county social workers (Moore, J.)

No. G051784

C.A. 2nd

Broadway Victoria, LLC v. Norminton, Wiita and Fuster

Client's claim of attorneys' breach of fiduciary duty merely duplicated claim of legal malpractice (Kin, J.)

No. B266060

C.A. 2nd

Jackson v. Mayweather

Publication of sonogram depicting fetus prior to termination of pregnancy constituted cognizable basis for invasion of privacy claim (Perluss, P.J.)

No. B266466

U.S. Sup. Ct.

Manrique v. United States

Defendant must appeal from order setting restitution in deferred restitution case (Thomas, J.)

No. 15–7250

U.S. Sup. Ct.

Nelson v. Colorado

Colorado's Compensation for Certain Exonerated Persons statute violates due process (Ginsburg, J.)

No. 15–1256 No. 15–1256

C.A. 4th

In re J.S.

Parent's due process rights violated by exclusion of evidence pertaining to sibling relationship exception to termination of parental rights (McKinster, J.)

No. E067122

C.A. 4th

McDermott Will and Emery LLP v. Superior Court (Hausman)

Attorneys properly disqualified for using privileged documents inadvertently disclosed by opposing party (Aronson, J.)

No. G053623

C.A. 3rd

Quigley v. Garden Valley Fire Protection District

Statutory immunity applied to firefighter's injuries suffered when run over by vehicle at base camp (Butz, Acting P.J.)

No. C079270

U.S. Sup. Ct.

Goodyear Tire and Rubber Co. v. Haeger

Sanctions for bad faith conduct limited to innocent party's attorney fees incurred solely due to misconduct (Kagan, J.)

No. 15–1406

C.A. 4th

People v. Antonio

Prisoner to entitled to preemptive order directing Department of Corrections and Rehabilitation t do its job (Huffman, Acting P.J.)

No. D070590

C.A. 3rd

In re Marriage of Huntley

Family court retained continuing jurisdiction to divide unadjudicated community property (Hoch, J.)

No. C080534

U.S. Sup. Ct.

Coventry Health Care of Missouri, Inc. v. Nevils

Contractual subrogation and reimbursement rights of federal employees' private health insurance carriers override state laws barring subrogation and reimbursement (Ginsburg, J.)

No. 16–149

Ca. Sup. Ct.

People v. Becerrada

Evidence insufficient to support finding of lying in wait (Chin, J.)

C.A. 4th

People v. Lua

Apparently contradictory verdicts not contradictory (Hollenhorst, Acting P.J.)

No. E064038

C.A. 2nd

People v. Paz

Crime of sodomy does not require penetration into anus (Lavin, J.)

No. B265251

9th Cir.

Minto v. Sessions

Immigrant's presence in Commonwealth of Northern Mariana Islands made him "applicant for admission" (Bea, J.)

No. 12-74027
Before: Alex Kozinski, Michael Daly Hawkins, and Carlos T. Bea, Circuit Judges.

C.A. 4th

In re Marriage of Djulus

Party's ignorance of hearing officer's identity as commissioner precluded finding of "implied consent" to hearing by commissioner (Benke, J.)

No. D069757

9th Cir.

Davis v. United States

Government agent not entitled to qualified immunity for "prolonged and degrading" detention of elderly woman in parking lot (Thomas, J.)

No. 15-55671
Consuelo B. Marshall, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Andrew J. Kleinfeld and Jacqueline H. Nguyen, Circuit Judges.

C.A. 1st

Applied Medical Corporation v. Thomas

Lawful possession of property no bar to claim of conversion arising from failure to surrender property on demand (Simons, J.)

No. A145867

9th Cir.

Hedlund v. Ryan

Arizona Supreme Court erred in application of "causal nexus" test to capital defendant's mitigating evidence at sentencing (N.R. Smith, J.)

No. 09-99019
David G. Campbell, District Judge, Presiding Before: Kim McLane Wardlaw, Carlos T. Bea, and N. Randy Smith, Circuit Judges.

C.A. 1st

People v. Bechtol

Defendant may not move to strike prior DUI conviction based on ineffective assistance of cousnel (Simons, J.)

No. A146680

9th Cir.

Irvine Unified School District v. K. G.

Student entitled to reasonable attorney fees under IDEA for post-graduation defense of prior judgment (O'Scannlain, J.)

No. 14-56457
James V. Selna, District Judge, Presiding Before: Diarmuid F. O'Scannlain, Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges.

C.A. 4th

In re J. L.

Parent's claim of "possible" native American ancestry insufficient to trigger duty of further inquiry under ICWA (Aaron, J.)

No. D070826

C.A. 4th

Sumrall v. Modern Alloys, Inc.

Triable issue of fact as to whether employee was commuting or running errand for employer's benefit when accident occurred (Moore, Acting P.J.)

No. G052678

C.A. 3rd

People v. Douglas

Mixed motive analysis appropriate where prosecutor stated both neutral and non-neutral reasons for excusing gay jurors (Hull, J.)

No. C072881

C.A. 4th

Boling v. Public Employment Relations Board (City of San Diego)

Citizen-sponsored ballot initiative not subject to Meyers-Milias-Brown Act meet-and-confer requirements (McConnell, P.J.)

No. D069626 No. D069630

9th Cir.

Southern California Alliance of Publicly Owned Treatment Works v. U.S. Environmental Protection Agency

No jurisdiction to review EPA "objection letter" (Bybee, J.)

No. 14-74047
Before: Kim McLane Wardlaw and Jay S. Bybee, Circuit Judges, and Robert Holmes Bell,*District Judge.

Super. Ct. (App. Div.)

Epps v. Lindsey

"Successor in interest" two steps removed from residential foreclosure sale has statutory authority to terminate prior tenancy (per curiam)

Case No: ACIAS 1600004

C.A. 4th

In re Rhoades

Native American inmate failed to establish that ban on tobacco use substantially burdened his religious exercise (O'Rourke, J.)

No. D070488

C.A. 5th

POET, LLC v. State Air Resources Board

State Air Resources Board's 2015 low carbon fuel standards regulations failed to comply with CEQA (Franson, J.)

No. F073340

9th Cir.

Nasby v. McDaniel

District court erred in ruling on merits of habeas petition without reviewing state court transcripts (Reinhardt, J.)

Nos. 14-17313, 15-16264
Larry R. Hicks, District Judge, Presiding Before: Stephen Reinhardt and John B. Owens, Circuit Judges, and Salvador Mendoza, Jr.,* District Judge.

9th Cir.

United States v. Crooked Arm

Law of case barred reconsideration of issues raised and decided in prior appeal (O'Scannlain, J.)

No. 15-30277 No. 15-30280
Donald W. Molloy, District Judge, Presiding Before: Diarmuid F. O'Scannlain, Richard R. Clifton, and Jacqueline H. Nguyen, Circuit Judges.

C.A. 4th

Inland Counties Regional Center, Inc. v. Superior Court (Barajas)

Trial court lacked authority to order regional center to conduct competency assessment of criminal defendant (McKinster, Acting P.J.)

No. E067232

C.A. 2nd

People v. Sloat

Redesignation of felony theft conviction as misdemeanor petty theft not same as reduction to misdemeanor shoplifting (Turner, P.J.)

No. B270080

C.A. 1st

People v. Tovar

No connection needed be shown between gang subset and umbrella gang where all crimes directly benefited subset (Humes, P.J.)

No. A145498

9th Cir.

Boston v. Kitsap County

Filing of claim in accordance with state law did not toll statute of limitations on civil rights claim (England, J.)

No. 15-35296
Ronald B. Leighton, District Judge, Presiding Before: Richard C. Tallman and Morgan Christen, Circuit Judges, and Morrison C. England, Jr.,* District Judge.

9th Cir.

Fortson v. Los Angeles City Attorneys Office

California's 10-year ban on firearm ownership for persons convicted of misdemeanor domestic violence does not violate Second Amendment (Schroeder, J.)

No. 15-55497
Michael W. Fitzgerald, District Judge, Presiding Before: Mary M. Schroeder, Andre M. Davis,** and Mary H. Murguia, Circuit Judges.

9th Cir.

Mavrix Photographs, LLC v. LiveJournal, Inc.

Agency law applied to determination of whether website moderators acted as website's agents in permitting users to post copyrighted material (Paez, J.)

No. 14-56596
Cormac J. Carney, District Judge, Presiding Before: Harry Pregerson, Richard A. Paez, and Morgan Christen, Circuit Judges.

C.A. 4th

People v. Martinez

California law criminalizing fraud in sale of securities included fraudulent "money management" contracts (O'Rourke, J.)

No. D067052 No. D067561

C.A. 3rd

People v. Sharpe

Restitution award for damaged truck erroneously included reduced market value, repair costs, and salvage value (Nicholson, J.)

No. C076938

9th Cir.

United States v. Arriaga-Pinon

Record of prior conviction failed to show it constituted aggravated felony (Thomas, J.)

No. 16-50188
Dana M. Sabraw, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Andrew J. Kleinfeld and Jacqueline H. Nguyen, Circuit Judges.

9th Cir.

S.H. v. United States

Foreign country exception to Federal Tort Claims Act barred family's claims arising from child's premature birth at overseas military base (Lucero, J.)

No. 15-15000
Morrison C. England, Jr., District Judge, Presiding Before: Carlos F. Lucero,* Susan P. Graber, and Andrew D. Hurwitz, Circuit Judges.

Ca. Sup. Ct.

Shaw v. Superior Court (THC—Orange County, Inc.)

Health care whistleblower not entitled to jury trial on retaliation complaint (Cantil-Sakauye, C.J.)

C.A. 3rd

Manteca Unified School District v. Reclamation District No. 17

Reclamation district had authority to levy assessment on local school district (Raye, P.J.)

No. C077906

C.A. 3rd

Scholes v. Lambirth Trucking Company

Lack of detail in ordinal complaint precluded application of relation-back doctrine for subsequently filed amendment (Raye, P.J.)

No. C070770

9th Cir.

Santillan v. USA Waste of California, Inc.

Employee's alleged failure to provide proof of employment eligibility not valid basis for termination (Pregerson, J.)

No. 15-55238
Andre Birotte, Jr., District Judge, Presiding Before: Harry Pregerson, Jacqueline H. Nguyen, and John B. Owens, Circuit Judges.

C.A. 3rd

California Chamber of Commerce v. State Air Resources Board

State Air Resources Board’s "cap-and-trade" auction program not unlawful tax (Duarte, J.)

No. C075930 No. C075954

C.A. 2nd

Stein v. AXIS Insurance Company

Liability policy expressly covered company officer's criminal defense costs on appeal (Chaney, J.)

No. B265069

Ca. Sup. Ct.

McGill v. Citibank, N.A.

Party's waiver of right to seek public injunctive relief unenforceable (Chin, J.)

Ca. Sup. Ct.

DisputeSuite.com, LLC v. Scoreinc.com

Party's success in enforcing forum selection clause did not make it prevailing party for purposes of attorney fees (Werdegar, J.)

C.A. 2nd

People v. Truong

Perpetrator could not be convicted of both theft and receipt of stolen property based on possession of same stolen property (Lui, J.)

No. B263744

C.A. 2nd

In re Isabella M.

Defective notice of dependency proceedings to incarcerated father harmless error (Perluss, P.J.)

No. B277142

C.A. 1st

Pacific Gas and Electric Company v. Superior Court (Rowe)

Payment of fee for recreational use of property deprives all landowners of statutory immunity (Stewart, J.)

No. A146495

9th Cir.

United States v. Gasca-Ruiz

No abuse of discretion in sentencing court's imposition of two-level increase for "bodily injury" (Watford, J.)

Nos. 14-50342, 14-50343
Gonzalo P. Curiel, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Diarmuid F. O'Scannlain, M. Margaret McKeown, William A. Fletcher, Ronald M. Gould, Jay S. Bybee, Carlos T. Bea, N. Randy Smith, Paul J. Watford, Andrew D. Hurwitz, and Michelle T. Friedland, Circuit Judges.

9th Cir.

In re Sterba

Ohio statute of limitations governed where application of California statute would unreasonably deny claimant any opportunity to be heard (Korman, J.)

No. 14-60061
Kurtz, Dunn, and Jury, Bankruptcy Judges, Presiding Before: A. Wallace Tashima and Milan D. Smith, Jr., Circuit Judges, and Edward R. Korman,** District Judge.

9th Cir.

Maloney v. T3Media, Inc.

Copyright Act preempted former student athletes' right of publicity claims arising from sale of their photographs (M.D. Smith, J.)

No. 15-55630
Andre Birotte, Jr., District Judge, Presiding Before: MILAN D. SMITH, JR. and JOHN B. OWENS, Circuit Judges, and EDWARD R. KORMAN,* District Judge.

C.A. 2nd

People v. Billie

Use of shackles on defendant did not violate his right to represent himself (Perren, J.)

No. 2d Crim. B265958

C.A. 1st

People v. Parrott

Directing stranded motorist to step out of roadway not "detention" (Ruvolo, P.J.)

No. A146642

C.A. 2nd

People v. Scott

No. B270426

C.A. 2nd

Batze v. Safeway, Inc.

Employer claiming employees' tasks were primarily managerial not required to document each and every week (Manella, J.)

No. B258732

C.A. 1st

Danger Panda, LLC v. Launiu

Minor child not "tenant" of rent-controlled premises occupied with parents (Ruvolo, J.)

No. A149062

C.A. 4th

Young v. City of Coronado

City's findings legally sufficient to support designation of privately owned building as historic resource (Aaron, J.)

No. D070210

9th Cir.

In re Dingley

Automatic bankruptcy stay no bar to civil contempt proceedings (Clifton, J.)

No. 14-60055
Kirscher, Jury, and Taylor, Bankruptcy Judges, Presiding Before: Ronald M. Gould, Richard R. Clifton, and Paul J. Watford, Circuit Judges.

9th Cir.

United States Small Business Administration v. Bensal

California's disclaimer law did not prevent government creditor from reaching debtor's inheritance (Murguia, J.)

No. 14-17404
William Horsley Orrick, District Judge, Presiding Before: Michael Daly Hawkins, Marsha S. Berzon, and Mary H. Murguia, Circuit Judges.

C.A. 2nd

People v. Bryant

Electronic search condition not reasonably related to preventing future criminality of defendant convicted of illegal weapons possession (Rothschild, P.J.)

No. B271300

C.A. 2nd

People v. Financial Casualty and Surety, Inc.

Prosecutor's demand for fugitive's photograph or fingerprints did not impermissibly amend requirements for vacating forfeiture of bond (Hoffstadt, J.)

No. B264718

C.A. 2nd

People v. Rascon

Prop 64 does not entitle inmate to automatic reduction of sentence (Rothschild, P.J.)

No. B269000

9th Cir.

State of Arizona, ex rel. Darwin v. U.S. Environmental Protection Agency

EPA's imposition of emission-control measures on Arizona cement kilns and copper smelters neither arbitrary nor capricious (Bybee, J.)

No. 14-73368 No. 14-73384 No. 14-73386 No. 14-73394
Before: Marsha S. Berzon, Jay S. Bybee, and John B. Owens, Circuit Judges.

9th Cir.

West v. United States

Arguable defects in notice of appeal did not preclude reversal of underlying judgment (Kozinski, J.)

No. 13-16909
G. Murray Snow, District Judge, Presiding Before: Alex Kozinski, Diarmuid F. O'Scannlain and M. Margaret McKeown,* Circuit Judges.

9th Cir.

Unicolors, Inc. v. Urban Outfitters, Inc.

Nearly identical fabric design supported finding of copyright infringement (Orrick, J.)

No. 15-55507
S. James Otero, District Judge, Presiding Before: Richard C. Tallman and Michelle T. Friedland, Circuit Judges, and William Horsley Orrick*, District Judge.

9th Cir.

Dowers v. Nationstar Mortgage, LLC

Homeowners' stated viable claim under Fair Debt Collection Practices Act for unlawful non-judicial foreclosure attempts (Gould, J.)

No. 15-15178
James C. Mahan, District Judge, Presiding Before: Diarmuid F. O'Scannlain, Ronald M. Gould, and Milan D. Smith, Jr., Circuit Judges.

9th Cir.

In re Miller

California law governed enforcement of guaranty agreement (Korman, J.)

No. 14-16854
Neil V. Wake, District Judge, Presiding Before: A. Wallace Tashima and Milan D. Smith, Jr., Circuit Judges, and Edward R. Korman,* District Judge.

U.S. Sup. Ct.

Dean v. United States

Sentencing court may consider mandated minimum sentence for firearm offense in determining appropriate sentence for predicate offense (Roberts, C.J.)

No. 15–9260

9th Cir.

United States v. Blackwell

Mandatory Victims Restitution Act of 1996 properly applied to extend time period for collection of previously imposed fines and restitution (per curiam)

No. 16-10287
Richard Seeborg, District Judge, Presiding Before: Edward Leavy, William A. Fletcher, and John B. Owens, Circuit Judges.

U.S. Sup. Ct.

McLane Co., Inc. v. Equal Employment Opportunity Commission

District court decision enforcing or quashing EEOC subpoena subject to review for abuse of discretion only (Sotomayor, J.)

No. 15–1248

9th Cir.

Ramirez v. Brown

Alien granted temporary protected status eligible for adjustment of status (McKeown, J.)

No. 14-35633
Thomas S. Zilly, District Judge, Presiding Before: M. Margaret McKeown, Richard C. Tallman, and Morgan Christen, Circuit Judges.

9th Cir.

In re Bundy

District court did not commit clear error in denying attorney Larry Klayman pro hac vice status in Bundy criminal trial (per curiam)

No. 17-70700
Before: W. FLETCHER, GOULD, and BYBEE, Circuit Judges.

C.A. 1st

A.T. v. Superior Court (People)

Minor detained in order to pressure her into pleading guilty (by the court)

No. A149772

C.A. 6th

People v. Mendoza

Prop 57 not applicable retroactively (Grover, J.)

No. H039705

C.A. 1st

People v. Smith

Totality of circumstances rendered third party's declaration against interest unreliable (Bruiniers, J.)

No. A146648

C.A. 6th

Aptos Council v. County of Santa Cruz

Zoning ordinances did not constitute single project for purposes of CEQA (Premo, J.)

No. H042976

C.A. 1st

Oltmans Construction Co. v. Bayside Interiors, Inc.

Contractual indemnity provision did not deprive general contractor of entitlement to partial indemnity for workplace injury for which it was only partially liable (Pollak, J.)

No. A147313

C.A. 2nd

People v. Gandy

Challenge to out-of-state no contest plea unavailing (Epstein, P.J.)

No. B264452

C.A. 4th

People v. Vandiver

Value of stolen blank checks properly found to be de minimus (Slough, J.)

No. E065899

9th Cir.

Avila v. Spokane School District 81

Discovery rule and not occurrence rule determines timeliness of claims under Individuals with Disabilities Education Act (Christen, J.)

No. 14-35965
Edward F. Shea, District Judge, Presiding Before: M. Margaret McKeown, Richard C. Tallman, and Morgan Christen, Circuit Judges.

C.A. 1st

Marinwood Community Services v. Workers Compensation Appeals Board

Firefighter entitled to workers' compensation benefits from all three departments for which he worked (Stewart, J.)

No. A147582

Ca. Sup. Ct.

Banning Ranch Conservancy v. City of Newport Beach (Newport Banning Ranch LLC)

Consideration of environmentally sensitive coastal habitat areas may not be deferred until after project approval (Corrigan, J.)

U.S. Sup. Ct.

Expressions Hair Design v. Schneiderman

State statute barring credit card surcharges regulated speech as applied to merchant practice of single-sticker pricing (Roberts, C.J.)

No. 15–1391

C.A. 3rd

Melcher v. Superior Court (People)

District attorney's status as spouse of crime victim did not bar her office from prosecuting crime (Nicholson, J.)

No. C079225

C.A. 6th

People v. Hernandez

Prior conviction for robbery did not render Three Strikes offender ineligible to have theft conviction reduced to misdemeanor under Prop 47 (Bamattre-Manoukian, J.)

No. H043551

9th Cir.

United States v. Plascencia-Orozco

District court lacked authority to order defendant to stop using stolen identity (Bea, J.)

No. 15-50143 No. 15-50238
John A. Houston, District Judge, Presiding Roger T. Benitez, District Judge, Presiding Before: Consuelo M. Callahan, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.

C.A. 3rd

Ramirez v. Workers Compensation Appeals Board

Workers' Compensation Appeals Board had no jurisdiction over injured worker's claim of substantive errors in employer's medical treatment utilization review (Blease, Acting P.J.)

No. C078440

9th Cir.

Real v. City of Long Beach

Tattoo artist had standing to challenge local zoning ordinance restricting tattoo shops (M.D. Smith, J.)

No. 15-56158
Manuel L. Real, District Judge, Presiding Before: MILAN D. SMITH, JR. and JOHN B. OWENS, Circuit Judges, and ALVIN K. HELLERSTEIN,*District Judge.

C.A. 2nd

Charney v. Standard General, L.P.

Press release failed to provide grounds for defamation action (Kumar, J.)

No. B268928

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.

Copeland v. Ryan

State not obligated to reimburse habeas petitioner for costs of deposition requested by petitioner (Clifton, J.)

No. 16-15849
Paul G. Rosenblatt, Senior District Judge, Presiding Before: Marsha S. Berzon and Richard R. Clifton, Circuit Judges, and Marvin J. Garbis,* District Judge.

U.S. Sup. Ct.

Moore v. Texas

State court's assessment of defendant's intellectual disability erroneously relied on flawed precedent and nonclinical factors to exclusion of current medical standards (Ginsburg, J.)

No. 15–797

C.A. 4th

Quiles v. Parent

No bond required to stay enforcement of judgment for fees and costs only pending resolution of appeal (by the court)

No. G054353

9th Cir.

M.C. v. Antelope Valley Union High School District

School district's procedural violations of IDEA prevented meaningful review of its substantive compliance (Kozinski, J.)

No. 14-56344
Dolly M. Gee, District Judge, Presiding Before: REINHARDT, KOZINSKI, and WARDLAW, Circuit Judges.

9th Cir.

In re Gugliuzza

No appellate jurisdiction over order remanding adversary action to bankruptcy court for further fact finding. (Ikuta, J.)

No. 15-55510
Cormac J. Carney, District Judge, Presiding Before: Consuelo M. Callahan, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.

C.A. 4th

Lindsey v. Conteh

Referee's imposition of sanctions was directly appealable order (Moore, Acting P.J.)

No. G052016

C.A. 4th

People v. Van Orden

Unlawful taking of $700 car qualified as petty theft under Prop 47 (Slough, J.)

No. E066432

9th Cir.

Williams v. Yamaha Motor Co. Ltd.

Purchasers of Yamaha products failed to establish basis for either general or specific jurisdiction over Japanese parent company (M.D. Smith, J.)

No. 15-55924
Beverly Reid O'Connell, District Judge, Presiding Before: MILAN D. SMITH, JR. and JOHN B. OWENS, Circuit Judges, and ALVIN K. HELLERSTEIN, District Judge.*

C.A. 1st

Farrar v. Direct Commerce, Inc.

Offending portion of arbitration agreement was readily severable (Banke, J.)

No. A146944

9th Cir.

Eleri v. Sessions

Aggravated felony bar to waiver of inadmissibility applied to conditional permanent resident alien (Korman, J.)

No. 13-73455
Before: Jacqueline H. Nguyen and John B. Owens, Circuit Judges, and Edward R. Korman,*District Judge.

C.A. 5th

People v. Bunyard

Breaking into coin-operated machine and stealing coins constituted shoplifting under Prop 47 (Detjen, J.)

No. F071846

Ca. Sup. Ct.

People v. Gonzales

Theft by false pretenses constitutes "shoplifting" under Prop 47 (Corrigan, J.)

C.A. 4th

People v. Riddles

Amount of unpaid premiums properly awarded as restitution for crime of workers' compensation insurance fraud (Benke, Acting P.J.)

No. D069419

C.A. 1st

Fiduciary Trust International of California v. Klein

Trustee must take "affirmative steps" to preserve attorney-client privilege as to trustee's personal communications with counsel (Jenkins, J.)

No. A144558

Ca. Sup. Ct.

Carmack v. Reynolds

Bankruptcy estate's interest in debtor's distributions of principal from spendthrift trust not limited to 25 percent (Liu, J.)

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

People v. Angel

Defense counsel not deficient for relying on prosecutor to subpoena all witnesses on prosecution witness list (Miller, J.)

No. E064000

C.A. 2nd

People v. Chestra

Instruction on lesser offense of voluntary manslaughter not supported by evidence (Turner, P.J.)

No. B264462

Ca. Sup. Ct.

People v. Garcia

Convicted sex offender's waiver of privilege against self-incrimination while on probation does not violate Fifth Amendment (Cuéllar, J.)

Ca. Sup. Ct.

People v. Merritt

Failure to instruct jury on elements of charged offense was harmless error (Chin, J.)

C.A. 4th

People v. Russell

Juror's failure to respond reasonably construed as objection to disclosure of identifying information to counsel (Codrington, J.)

No. E064121

9th Cir.

The Hopi Tribe v. U.S. Environmental Protection Agency

EPA included Hopi in discussions regarding proposed closure of Navajo Generating Station (Schroeder, J.)

No. 14-73055
Before: Mary M. Schroeder, Stephen S. Trott, and John B. Owens, Circuit Judges.

9th Cir.

Yazzie v. U.S. Environmental Protection Agency

Record supported EPA's promulgation of "better than BART" alternative for reduction of emissions from Navajo Generating Station (Owens, J.)

No. 14-73100 No. 14-73101 No. 14-73102
Before: Mary M. Schroeder, Stephen S. Trott, and John B. Owens, Circuit Judges.

C.A. 1st

In re Matthew C.

Infant's mistreatment justified orders temporarily denying visitation (Reardon, J.)

No. A147877 & A149683 No. A147877 & A149683

C.A. 5th

Phillips v. Honeywell International Inc.

No error in admission of letter previously deemed prejudicial in lawsuits in Illinois and Florida (Franson, J.)

No. F070761

C.A. 4th

People v. Mejia

Crimes of torture, spousal rape, and corporal injury all committed with single objective of inflicting pain and suffering (McKinster, J.)

No. E062962

C.A. 4th

People v. Stapleton

Conditions of probation did not violate probation's constitution rights to travel or of freedom of association (Ramirez, P.J.)

No. E064824

C.A. 2nd

Jason P. v. Danielle S.

Father's conduct towards son supported finding of presumed parent status (Willhite, J.)

No. B268319

C.A. 4th

People v. Phung

Trial court properly considered 17-year old offender's youth in imposing 40-year-to-life prison term (Ikola, J.)

No. G051876

C.A. 5th

Ramirez v. Tulare County District Attorneys Office

Three-year statute of limitations applied to demand for return of property allegedly subject to unlawful forfeiture (Kane, J.)

No. F071223, F071324, F071872 No. F071223, F071324, F071872 No. F071223, F071324, F071872

C.A. 2nd

ECC Capital Corporation v. Manatt, Phelps and Phillips, LLP

Arbitrator did not violate mandatory disclosure rules by failing to disclose uncontested domain name dispute of which he kept no record (Segal, J.)

No. B265760

C.A. 4th

Residents Against Specific Plan 380 v. County of Riverside (Hanna Marital Trust)

County did not improperly allow substantial changes to project following final approval (Slough, J.)

No. E063292

C.A. 2nd

Y.R. v. A.F.

Family court erred in placing burden on child support obligee to justify imposition of guideline support award (Manella, J.)

No. B266621

C.A. 2nd

Schoshinski v. City of Los Angeles

Plaintiffs' prior receipt of relief deprived them of standing to litigate class action (Bigelow, P.J.)

No. B269431

C.A. 2nd

In re Kyle T.

City's standardized cost list insufficient to show $400 in damages from graffiti (Small, J.)

No. B267722

C.A. 5th

People v. Call

Reduction of prior convictions to misdemeanors prior to sentencing on new crimes barred their use to enhance sentence (Detjen, J.)

No. F071500

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

9th Cir.

United States v. Job

Government offered no lawful basis for search of suspect's person and vehicle (Friedman, J.)

No. 14-50472
Roger T. Benitez, District Judge, Presiding Before: A. Wallace Tashima and Richard A. Paez, Circuit Judges, and Paul L. Friedman,*District Judge.

9th Cir.

United States v. Rodriguez

Reviewing court required to conduct de novo review of sufficiency of grounds for issuance of wiretap prior to reviewing for abuse of discretion (Friedman, J.)

No. 15-50096
Roger T. Benitez, District Judge, Presiding Before: A. Wallace Tashima and Richard A. Paez, Circuit Judges, and Paul L. Friedman,*District Judge.

C.A. 4th

People v. Salas

Victim restitution order for crime of domestic violence may not include home security measures (Haller, J.)

No. D070569

C.A. 2nd

Behunin v. Superior Court (Schwab)

Attorney-client communications with public relations consultant not privileged (Segal, J.)

No. B272225

C.A. 4th

Jarman v. HCR ManorCare, Inc.

Nursing home facility's commitment of 382 violations of patient's rights supported finding of punitive damages (Moore, J.)

No. G051086

9th Cir.

Park v. Thompson

Police detective's actions in convincing witness not to testify in criminal proceeding supported accused's claims of civil rights violations (Reinhardt, J.)

No. 14-56655
S. James Otero, District Judge, Presiding Before: Stephen Reinhardt, Ferdinand F. Fernandez, and John B. Owens, Circuit Judges.

C.A. 2nd

Ivanoff v. Bank of America, N.A.

Borrower's prior breach of contract action did not bar claims of TILA and UCL violations (Perluss, J.)

No. B271035

9th Cir.

Oskoui v. J.P. Morgan Chase Bank, N.A.

Lender's misrepresentations regarding loan modification supported causes of action for breach of contract and violation of California's Unfair Competition Law (Trott, J.)

No. 15-55457
Fernando M. Olguin, District Judge, Presiding Before: Stephen S. Trott, M. Margaret McKeown, and Paul J. Watford, Circuit Judges.

C.A. 2nd

Walent v. Commission on Professional Competence of the LAUSD (Los Angeles Unified School District)

Lodestar methodology properly applied to determine reasonable fee award in teacher's successful appeal of termination of employment (Zelon, J.)

No. B266265

9th Cir.

Tavares v. Whitehouse

Tribal members' temporary exclusion from tribal lands did not constitute "detention" under Indian Civil Rights Act (McKeown, J.)

No. 14-15814
Troy L. Nunley, District Judge, Presiding Before: M. Margaret McKeown, Kim McLane Wardlaw, and Richard C. Tallman, Circuit Judges.

C.A. 2nd

McClain v. Sav-On Drugs

Customers could not compel pharmacies to seek refunds of tax monies remitted for items exempt from sales tax (Hoffstadt, J.)

No. B265011 & B265029

9th Cir.

Omidi v. United States

60-day notice of seizure of property not required in judicial forfeiture proceedings (Watford, J.)

No. 15-55667
Otis D. Wright II, District Judge, Presiding Before: Alex Kozinski and Paul J. Watford, Circuit Judges, and Mark W. Bennett,* District Judge.

9th Cir.

United States v. Perkins

Federal agent acted with reckless disregard for truth in omitting material information from warrant affidavit (Tashima, J.)

No. 15-30035
Ricardo S. Martinez, Chief District Judge, Presiding Before: Andrew J. Kleinfeld, A. Wallace Tashima, and Mary H. Murguia, Circuit Judges.

C.A. 5th

In re Hannah D.

Dependency court's failure to orally advise parent of writ requirement did not excuse parent's failure to file writ petition (Poochigian, J.)

No. F074143

C.A. 2nd

Yale v. Bowne

Comparative fault instructions appropriate in attorney malpractice action (Goodman, J.)

No. B260762

C.A. 6th

Glassdoor, Inc. v. Superior Court (Machine Zone, Inc.)

Employer failed to show that former employee's public statements violated nondisclosure agreement (Rushing, P.J.)

No. H042824

C.A. 6th

In re Cristian S.

Arbuckle not applicable to juvenile restitution hearing (Rushing, P.J.)

No. H043104

C.A. 1st

People v. Cervantes

Prop 57 not applicable retroactively for juvenile already tried and convicted as adult (Streeter, J.)

No. A140464

C.A. 3rd

People v. Villa-Gomez

Admission of gang affiliation during booking admissible as to subsequent crime (Murray, J.)

No. C073188

9th Cir.

United States v. Martinez

District court erred prejudicially in responding to jury's query during deliberations without consulting cousnel (Wardlaw, J.)

No. 15-50205
Roger T. Benitez, District Judge, Presiding Before: Stephen Reinhardt and Kim McLane Wardlaw, Circuit Judges, and Ronald M. Whyte,* District Judge.

C.A. 1st

Johnny W. v. Superior Court (E.R.)

Dependency court's findings at initial dependency hearing did not resolve contested issues of fact so as to render subsequent motion to disqualify untimely (by the court)

No. A150579

C.A. 2nd

Shanks v. Department of Transportation

Juror improperly dismissed without adequate investigation of complaints against her (Perren, J.)

2d Civ. B268459

C.A. 2nd

Beck v. Stratton

Failure to designate civil case as limited resulted in compulsory classification as unlimited (Collins, J.)

No. B270826

9th Cir.

Zanowick v. Baxter Healthcare Corporation

Dismissal for failure timely to substitute in new plaintiff following plaintiff's death may be either with or without prejudice (Owens, J.)

No. 15-56034 No. 15-56047
William G. Young,* District Judge, Presiding Before: Milan D. Smith, Jr. and John B. Owens, Circuit Judges, and Edward R. Korman,*** District Judge.

Ca. Sup. Ct.

People v. Reese

Indigent defendant facing retrial entitled to complete transcript of prior trial including counsel's arguments (Cuéllar, J.)

C.A. 3rd

Gateway Community Charters v. Spiess

Charter school organization not "other municipal corporation" for purposes of exemption from Labor Code waiting time penalties (Butz, J.)

No. C078677

C.A. 2nd

In re Alayah J.

Dependency court erred harmlessly in failing to hear mother's petition alleging changed circumstances (Chavez, J.)

No. B275728

9th Cir.

Bringas-Rodriguez v. Sessions

Mexican government's adoption of policies recognizing gay rights may not be equated with reduction of violence against gays and lesbians (Wardlaw, J.)

No. 13-72682
Before: Sidney R. Thomas, Chief Judge, and Diarmuid F. O'Scannlain, Barry G. Silverman, Kim McLane Wardlaw, William A. Fletcher, Richard R. Clifton, Carlos T. Bea, Milan D. Smith, Jr., Morgan B. Christen, John B. Owens and Michelle T. Friedland, Circuit Judges.

C.A. 1st

City of Crescent City v. Reddy

No abuse of discretion in appointment of receiver to oversee property owner's compliance with directives to cure building code violations (Reardon, P.J.)

No. A143640

9th Cir.

In re Tenderloin Health

Courts may consider hypothetical preference action within context of hypothetical chapter 7 liquidation (M.D. Smith, J.)

No. 14-17090
Jeffrey S. White, District Judge, Presiding Before: A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges, and EDWARD R. KORMAN,*District Judge.

9th Cir.

United States v. Pollard

Forfeiture authorized for commission of bank fraud as predicate offense of aggravated identity theft (Gould, J.)

No. 15-10246
James C. Mahan, District Judge, Presiding Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and John R. Tunheim,* Chief District Judge.

C.A. 1st

People v. Vega-Robles

Felony-murder instructions rendered Chiu error harmless (Dondero, J.)

No. A137121

C.A. 4th

Betancourt v. Prudential Overall Supply

PAGA claims not subject to prior agreement to arbitrate (Miller, J.)

No. E064326

C.A. 2nd

Dr. Leevil, LLC v. Westlake Health Care Center

Purchaser at foreclosure sale not required to record title prior to serving occupants with notice to quit (Tangeman, J.)

2d Civil No. B266931

9th Cir.

Somers v. Digital Realty Trust Inc.

Internal disclosures of possible securities law violations sufficient to trigger Dodd-Frank Act's anti-retaliation protections (Schroeder, J.)

No. 15-17352
Edward M. Chen, District Judge, Presiding Before: Mary M. Schroeder, Kim McLane Wardlaw, and John B. Owens, Circuit Judges.

C.A. 2nd

People v. Garcia

Expert testimony sufficed to link gang subsets to larger gang (Baker, J.)

No. B266889

C.A. 3rd

People v. Shorts

No abuse of discretion in evidentiary rulings pertaining to prior violent acts (Nicholson, Acting P.J.)

No. C078041

9th Cir.

United States v. Sims

Condition barring use of "synthetic cannabinoid" during supervised release not unconstitutionally vague (Watford, J.)

No. 15-10450
J. Michael Seabright, Chief Judge, Presiding Before: J. Clifford Wallace, Jerome Farris, and Paul J. Watford, Circuit Judges.

9th Cir.

Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District

Tribe's reserved rights include groundwater (Tallman, J.)

No. 15-55896
Jesus G. Bernal, District Judge, Presiding Before: Richard C. Tallman and Morgan B. Christen, Circuit Judges, and Matthew F. Kennelly,*District Judge.

9th Cir.

Desert Water Agency v. United States Department of the Interior

New federal regulation did not prevent local water agency from assessing fees for delivery of water to non-Indians leasing Indian lands (O'Scannlain, J.)

No. 14-55461
Dolly M. Gee, District Judge, Presiding Before: Diarmuid F. O'Scannlain, Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges.

U.S. Sup. Ct.

Beckles v. United States

Federal Sentencing Guidelines not subject to vagueness challenges under Due Process Clause (Thomas, J.)

No. 15–8544

U.S. Sup. Ct.

Pena-Rodriguez v. Colorado

No-impeachment rule did not bar trial court's consideration of juror's clear statement indicating reliance on racial stereotypes to convict (Kennedy, J.)

No. 15–606.

C.A. 3rd

People v. Lara

Evidence insufficient to support first degree murder conviction (Hoch, J.)

No. C072355

C.A. 1st

In re T.W.

Evidence failed to support finding of reasonable reunification services (Simons, Acting P.J.)

No. A148171

Ca. Sup. Ct.

J.M. v. Huntington Beach Union High School District

Injured minor had only six months to challenge public entity's denial of application to file late claim (Corrigan, J.)

C.A. 3rd

Flake v. Neumiller and Beardslee

Law firm's unopposed motion to withdraw put client on notice that representation had ended (Duarte, J.)

No. C079790

9th Cir.

Hayes v. Idaho Correctional Center

Opening of inmate's incoming mail outside inmate's presence violates First Amendment rights (Paez, J.)

No. 14-35078
Edward J. Lodge, District Judge, Presiding Before: Richard A. Paez, and Jay S. Bybee, Circuit Judges, and Jon S. Tigar,* District Judge.

9th Cir.

Mangiaracina v. Penzone

Opening of inmate's legal mail outside inmate's presence violates Sixth Amendment rights (Paez, J.)

No. 14-15271
Neil V. Wake, District Judge, Presiding Before: Richard A. Paez and Jay S. Bybee, Circuit Judges and Jon S. Tigar,* District Judge.

9th Cir.

United States v. Vazquez-Hernandez

District court's failure to properly instruct jury on elements of attempted illegal reentry resulted in manifest injustice (Sessions, J.)

No. 15-10009
Raner C. Collins, Chief District Judge, Presiding Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and William K. Sessions, III,*District Judge .

C.A. 2nd

City of Los Angeles v. Superior Court (Anderson-Barker)

Civil Discovery Act applies to actions brought under the California Public Records Act (Zelon, Acting P.J.)

No. B269525

C.A. 5th

California State University, Fresno Association, Inc. v. County of Fresno

Property owner's payment of taxes did not extend one-year time limit for filing of refund claim (Detjen, J.)

No. F072324

C.A. 1st

Johnson v. ArvinMeritor

Mere possibility of exposure to asbestos from defendants' products insufficient to defeat summary judgment (Bruiniers, J.)

No. A131975

9th Cir.

Robertson v. Pichon

Request for counsel during blood alcohol testing did not necessarily constitute invocation of right to counsel during subsequent questioning (Ikuta, J.)

No. 15-16463
Edward J. Davila, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Carlos T. Bea and Sandra S. Ikuta, Circuit Judges.

C.A. 1st

People v. S.M.

No abuse of discretion in trial court's dismissal of four-year old criminal charges based on alleged fraudulent insurance claim that resulted in no loss (Ruvolo, P.J.)

No. A147596

C.A. 6th

Haniff v. Superior Court (Hohman)

Civil Discovery Act provides no authority to compel plaintiff in personal injury case to undergo vocational rehabilitation examination (Bamattre-Manoukian, J.)

No. H043345

Ca. Sup. Ct.

Flethez v. San Bernardino County Employees Retirement Association

Prejudgment interest not owed on retirement disability benefits prior to date of administrative determination of eligibility (Cantil-Sakauye, C.J.)

9th Cir.

United States v. State of Washington

State of Washington's installation of drainage culverts violated treaties (Fletcher, J.)

No. 13-35474
Ricardo S. Martinez, Chief District Judge, Presiding Before: William A. Fletcher and Ronald M. Gould, Circuit Judges, and David A. Ezra,* District Judge.

Ca. Sup. Ct.

City of San Jose v. Superior Court (Smith)

City officials' communications on private electronic devices may be subject to disclosure under California Public Records Act (Elia, J.)

C.A. 2nd

Colyear v. Rolling Hills Community Association of Rancho Palos Verdes

Dispute regarding homeowners association's tree-trimming covenant was matter of public interest for purposes of anti-SLAPP statute (Collins, J.)

No. B270396

C.A. 6th

Gonzalez v. Santa Clara County Department of Social Services

Denial of fees to three of four attorneys who represented plaintiff exceeded bounds of trial court's sound discretion (Rushing, P.J.)

No. H041997

9th Cir.

Mahrt v. Beard

"Emergency aid" exception provided plausible basis for warrantless search (W. Fletcher, J.)

No. 15-16404
Nandor J. Vadas, Magistrate Judge, Presiding Before: William A. Fletcher, Morgan B. Christen, and Michelle T. Friedland, Circuit Judges.

C.A. 1st

People v. Icke

Substantial evidence supported chiropractor's conviction for sexual penetration by fraudulent misrepresentation of professional purpose (Bruiniers, J.)

No. A141917

C.A. 4th

People v. Vandiver

Value of stolen blank checks properly found to be de minimus (Slough, J.)

No. E065899

C.A. 4th

Emerald Aero, LLC v. Kaplan

Arbitrator exceeded authority in issuing award without notice to defendant (Haller, J.)

No. D070579

U.S. Sup. Ct.

Bethune-Hill v. Virginia State Board of Elections

Proposed initiative measure's failure to provide full text of policy with which it would compel compliance rendered it invalid (Pollack, Acting P.J.)

No. 15–680

C.A. 1st

Wilson v. County of Napa

Proposed initiative measure's failure to provide full text of policy with which it would compel compliance rendered it invalid (Pollack, Acting P.J.)

No. A149153

C.A. 2nd

Vaquero v. Stoneledge Furniture LLC

Employer failed to separately compensate commissioned sales associates for rest periods (Segal, J.)

No. B269657

C.A. 4th

People v. Jackson

No abuse of discretion in transfer of Marsden motion to different judge for hearing (Bedsworth, Acting P.J.)

No. G051606

C.A. 4th

People v. Malago

Trial court should have ruled on defendant's objections to conditions of mandatory supervision (Huffman, Acting P.J.)

No. D069858

C.A. 1st

People v. Profitt

No right to bifurcation of misdemeanor charges that alleged prior DUI convictions (Bruiniers, J.)

No. A147278

C.A. 3rd

People ex rel. Reisig v. Acuna

Permanent injunction properly issued to enjoin nuisance created by criminal street gang (Hull, J.)

No. C068868

C.A. 3rd

Pini v. Fenley

Unsuccessful candidate in general election had 30 days to contest results (Nicholson, Acting P.J.)

No. C082963

C.A. 3rd

Lemke v. Sutter Roseville Medical Center

Report of alleged nurse misconduct to California Board of Registered Nursing absolutely privileged (Hoch, J.)

No. C078983

C.A. 2nd

Melamed v. Cedars-Sinai Medical Center

Surgeon's complaints to third parties regarding alleged safety issue did not constitute report to hospital for purposes of proving retaliation claim (Johnson, J.)

No. B263095

9th Cir.

Ramsey v. Muna

Commonwealth of Northern Mariana Islands retained sovereign immunity as to claims brought under Commonwealth law (Watford, J.)

No. 15-16309
Heather L. Kennedy, Magistrate Judge, Presiding Before: J. Clifford Wallace, Jerome Farris, and Paul J. Watford, Circuit Judges.

9th Cir.

Compassion Over Killing v. U.S. Food and Drug Administration

Federal agencies properly denied petitions seeking to mandate labeling of eggs as caged or cage-free (Murguia, J.)

No. 15-15107
Vince G. Chhabria, District Judge, Presiding Before: Michael Daly Hawkins, Marsha S. Berzon, and Mary H. Murguia, Circuit Judges.

9th Cir.

S and H Packing and Sales Co., Inc. v. Tanimura Distributing, Inc.

Transfer-of-risk test not applicable in determining validity of factoring agreement (per curiam)

No. 14-56059 No. 14-56078
The Honorable George H. Wu, District Judge Before: Ronald M. Gould, Michael J. Melloy,* and Andrew D. Hurwitz, Circuit Judges.

Ca. Sup. Ct.

People v. Delgado

Presence of security officers during defendant's meetings with counsel did not violate attorney-client privilege (Corrigan, J.)

9th Cir.

United States v. Lindsey

Lenders' negligent or intentional disregard of false statements in loan applications not admissible in prosecution for mortgage fraud (Gould, J.)

No. 14-10004
Lloyd D. George, Senior District Judge, Presiding Before: Susan P. Graber,* Ronald M. Gould, and Michelle T. Friedland, Circuit Judges.

9th Cir.

L. J. v. Pittsburg Unified School District

School district required to formulate IEP for student requiring special education services (Schroeder, J.)

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

Ca. Sup. Ct.

Central Coast Forest Association v. Fish and Game Commission

Delisting petition may be used to challenge endangered species listing based on new evidence (Chin, J.)

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.