Decisions

C.A. 1st

Grappo v. McMills

Allegations of complaint failed to support default judgment (Richman, Acting P.J.)

No. A147522

9th Cir.

Santopietro v. Howell

Officers lacked probable cause to arrest street performer (Berzon, J.)

No. 14-16324
James C. Mahan, District Judge, Presiding Before: Marsha S. Berzon, and N. Randy Smith, Circuit Judges, and Dana L. Christensen,* Chief District Judge.

C.A. 2nd

Sanjiv Goel, M.D., Inc. v. Regal Medical Group, Inc.

Multiple factors may be considered in determining reasonable value of medical services (Lui, J.)

No. B267012

9th Cir.

Equal Employment Opportunity Commission v. McLane Company, Inc.

EEOC did not overreach in seeking identifying information for employees potentially affected by employer's alleged sex discrimination (Watford, J.)

No. 13-15126
Before: J. Clifford Wallace, Milan D. Smith, Jr., and Paul J. Watford, Circuit Judges.

C.A. 4th

In re Marriage of Janes

Spouse's entitlement to fixed dollar share of retirement account also entitled her to all earnings and losses on that amount (Miller, J.)

No. E065668

C.A. 4th

Kutzke v. City of San Diego

Substantial evidence supported city council's rejection of proposed residential subdivision (McConnell, P.J.)

No. D070288

C.A. 2nd

Southern Insurance Company v. Workers Compensation Appeals Board

Workers' compensation insurance policy may be rescinded (Chavez, Acting P.J.)

No. B278412

C.A. 1st

Hardwick v. Wilcox

Forbearance agreement did not waive usury claim (Ruvolo, P.J.)

No. A147944

9th Cir.

In re Big Thorne Project and 2008 Tongass Forest Plan

National Forest Management Act required protection of "viable" population only (Kozinski, J.)

No. 15-35232 No. 15-35233 No. 15-35244
Ralph R. Beistline, Senior District Judge, Presiding Before: Alex Kozinski, Diarmuid F. O'Scannlain and Ronald M. Gould, Circuit Judges.

9th Cir.

Demetrius v. Transport Workers Union of America, AFL-CIO

Union did not violate duty of fair representation in distributing proceeds of bankruptcy settlement to its members unevenly (O'Scannlain, J.)

No. 15-15229 No. 15-15529
Vince G. Chhabria, District Judge, Presiding Before: Diarmuid F. O'Scannlain, Ronald M. Gould, and Milan D. Smith, Jr., Circuit Judges.

U.S. Sup. Ct.

Water Splash, Inc. v. Menon

Hague Service Convention does not prohibit service of process by mail (Alito, J.)

No. 16–254

9th Cir.

Ho v. ReconTrust Company, NA

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

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

C.A. 5th

People v. Fernandez

Penal Code §667(d)(3) criteria must be considered in determining whether juvenile adjudication for sex offense renders offender ineligible for Prop 47 relief (Gomes, Acting P.J.)

No. F071338

U.S. Sup. Ct.

Cooper v. Harris

No clear error in district court's determination that race predominated in redrawing of North Carolina congressional districts (Kagan, J.)

No. 15–1262

C.A. 4th

In re Marriage of Minkin

"Annual bonus" provision in support agreement properly construed as limited to employers' discretionary payments (Aronson, J.)

No. G052947

U.S. Sup. Ct.

TC Heartland LLC v. Kraft Foods Group Brands LLC

"Residence" of domestic corporation for purposes of patent litigation refers only to state of incorporation (Thomas, J.)

No. 16–341

C.A. 4th

Van Audenhove v. Perry

Mere arrest insufficient to support cause of action for malicious prosecution (Ramirez, P.J.)

No. E065418

9th Cir.

Olivas v. State of Nevada

Prison Litigation Reform Act screening procedures not applicable to complaint filed by released inmate (per curiam)

No. 15-17123
James C. Mahan, District Judge, Presiding Before: Richard R. Clifton and Michelle T. Friedland, Circuit Judges, and Thomas O. Rice,**Chief District Judge.

C.A. 3rd

Gillotti v. Stewart

Right to Repair Act precludes common law claims for actual damage (Hull, J.)

No. C075611

C.A. 4th

People v. Cervantes

Car passenger's probation search condition authorized search of all areas of passenger compartment within her reach (Haller, J.)

No. D069959

C.A. 1st

In re Marriage of Stupp and Schilders

Party's appeal of support orders not "good cause" for ordering vocational evaluation (Miller, J.)

No. A144762

9th Cir.

Nordstrom v. Ryan

Arizona Department of Corrections' outgoing legal mail policy violated inmate's Sixth and First Amendment rights (M.D. Smith, J.)

No. 16-15277
David G. Campbell, District Judge, Presiding Before: RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges, and RALPH R. ERICKSON,*District Judge.

9th Cir.

Spencer v. Peters

Direct evidence of detective's deliberate fabrication of evidence relieves plaintiff of proving detective's knowledge of his innocence (Graber, J.)

Nos. 14-35689, 14-35737
Benjamin H. Settle, District Judge, Presiding Before: Susan P. Graber, Sandra S. Ikuta, and Andrew D. Hurwitz, Circuit Judges.

9th Cir.

Broadway Grill, Inc. v. Visa Inc.

Plaintiff may not amend class following removal in order to defeat diversity (Schroeder, J.)

No. 17-15499
Phyllis J. Hamilton, Chief Judge, Presiding Before: Mary M. Schroeder and Johnnie B. Rawlinson, Circuit Judges, and Steven Paul Logan,* District Judge.

9th Cir.

Defenders of Wildlife v. Zinke

Bureau of Land Management's Biological Opinion regarding solar project's impacts on desert tortoise neither legally nor factually flawed (M.D. Smith, J.)

No. 15-55806
Michael W. Fitzgerald, District Judge, Presiding Before: MILAN D. SMITH, JR. and JOHN B. OWENS, Circuit Judges, and EDWARD R. KORMAN,**District Judge.

C.A. 2nd

Kinney v. Clark

Vexatious litigant barred from filing new litigation even when represented by counsel (Chaney, J.)

No. B265267

9th Cir.

Davies v. Benov

Waiver provision in plea agreement precluded collateral attack on sentence (Gould, J.)

No. 15-17256
Michael J. Seng, Magistrate Judge, Presiding Before: Kim McLane Wardlaw, Ronald M. Gould, and Consuelo M. Callahan, Circuit Judges.

C.A. 6th

People v. Edwards

Accused's illegally obtained inconsistent statements properly used to impeach defense mental health expert during sanity phase of trial (Mihara, J.)

No. H042144

C.A. 1st

People v. Hudson

Victim's attempt to prevent car theft transformed theft into carjacking (Simons, J.)

No. A147910

C.A. 5th

People v. Marquez

Prop 57 does not apply retroactively (Peña, J.)

No. F070609

C.A. 4th

Garcia v. Pexco, LLC

Temporary staffing agency's arbitration clause encompassed employee's claims against both staffing agency and assigned employer (Ikola, J.)

No. G052872

C.A. 3rd

Hardesty v. State Mining and Geology Board

Federal mining patents had no effect on application of state regulation of mining (Duarte, J.)

No. C079617

9th Cir.

Alliance for the Wild Rockies v. Bradford

Closure of roads by berms or barriers sufficed to prevent them from counting towards linear miles of total roads permitted under forest plan (Fletcher, J.)

No. 14-35786
Dana L. Christensen, Chief Judge, Presiding Before: William A. Fletcher, Raymond C. Fisher, and N. Randy Smith, Circuit Judges.

C.A. 4th

In re Marriage of Grissom

No abuse of discretion in denying restraining order to wife who instigated violent confrontations with husband (Dato, J.)

No. D070495

C.A. 4th

In re Campbell

Trial court erred in granting habeas petition without first issuing order to show cause (O'Leary, P.J.)

No. G052575

9th Cir.

Elliott v. Google, Inc.

GOOGLE trademark not victim of genericide (Tallman, J.)

No. 15-15809
Stephen M. McNamee, District Judge, Presiding Before: Richard C. Tallman and Paul J. Watford, Circuit Judges, and Louis Guirola, Jr.,*Chief District Judge.

U.S. Sup. Ct.

Midland Funding, LLC v. Johnson

Filing of obviously time-barred proof of claim not false, deceptive, misleading, unfair, or unconscionable debt collection practice under Fair Debt Collection Practices Act (Breyer, J.)

No. 16–348

C.A. 1st

In re A.V.

Minor's substantial compliance with probation warrants both dismissal and sealing of juvenile records (Dondero, J.)

No. A148307

C.A. 5th

People v. Zamora

Juvenile adjudication not "conviction" for purposes of triggering felony sentencing for drug possession offense under Prop 47 (Peña, J.)

No. F071737

9th Cir.

United States v. Olson

Crime of misprision of felony requires proof of defendant's awareness that underlying wrongful conduct constituted felony (Fisher, J.)

No. 15-30022
Timothy M. Burgess, Chief Judge, Presiding Before: Raymond C. Fisher, Richard A. Paez and Andrew D. Hurwitz, Circuit Judges.

C.A. 6th

Krechuniak v. Noorzoy

Claim relating to allegedly invalid liquidated damages penalty may not be raised for first time on appeal (Walsh, J.)

No. H042740

U.S. Sup. Ct.

Kindred Nursing Centers Limited Partnership v. Clark

Kentucky Supreme Court's clear-statement rule violates Federal Arbitration Act by singling out arbitration agreements for disfavored treatment (Kagan, J.)

No. 16–32

U.S. Sup. Ct.

Howell v. Howell

Veteran's divorced spouse not entitled to indemnification for reduced share of retirement pay caused by veteran's waiver of retirement pay to receive service-related disability benefits (Breyer, J.)

No. 15–1031

9th Cir.

Washington Mutual, Inc. v. United States

District court did not erroneously require taxpayer to prove valuation with "precision" (England, J.)

No. 14-35289
Barbara Jacobs Rothstein, District Judge, Presiding Before: Richard C. Tallman and Morgan Christen, Circuit Judges, and Morrison C. England, Jr.,* District Judge.

9th Cir.

Amphastar Pharmaceuticals Inc. v. Aventis Pharma SA

Qui tam litigant failed to show independent knowledge of flaw in competitor’s patent application (O'Scannlain, J.)

Nos. 14-56382, 15-56209 No. 15-56122
Marvin J. Garbis, District Judge, Presiding by Designation Before: Diarmuid F. O'Scannlain and Johnnie B. Rawlinson, Circuit Judges, and Rosemary Marquez,* District Judge.

9th Cir.

S.B. v. County Of San Diego

Deputy entitled to qualified immunity for fatal shooting of emotionally disturbed individual (Owens, J.)

No. 15-56848
John A. Houston, District Judge, Presiding Before: Milan D. Smith, Jr. and John B. Owens, Circuit Judges, and Edward R. Korman,*District Judge.

C.A. 3rd

Central Valley Gas Storage LLC v. Southam

Underground natural gas storage lease properly valued based on surface acreage and not storage volume (Hoch, J.)

No. C078196

9th Cir.

Talana Orzechowski v. The Boeing Company Non-Union Long-Term Disability Plan, Plan Number 625

De novo review applied to employer disability plan's denial of benefits (Bybee, J.)

No. 14-55919
Cormac J. Carney, District Judge, Presiding Before: Alex Kozinski and Jay S. Bybee, Circuit Judges, and Donald E. Walter,* District Judge.

9th Cir.

United States v. Brugnara

Pro se defendant's outrageous behavior did not warrant termination of self-representation (Wallace, J.)

No. 15-10509
William H. Alsup, District Judge, Presiding Before: J. Clifford Wallace and Milan D. Smith, Jr., Circuit Judges, and Ralph R. Erickson, District Judge.*

9th Cir.

Greenway v. Ryan

Capital defendant's claims of ineffective assistance of counsel without merit (Schoeder, J.)

No. 14-15309
Raner C. Collins, Chief District Judge, Presiding Before: Mary M. Schroeder, Johnnie B. Rawlinson, and Carlos T. Bea, Circuit Judges.

Super. Ct. (App. Div.)

O'Neil-Rosales v. Citibank (South Dakota) N.A.

Lawsuit under Fair Debt Collection Practices Act not appropriate remedy to correct allegedly erroneous judgment lien (Lee, J.)

No. BV 031488

C.A. 6th

People v. Figueroa

Reinstatement of proceedings trigger's defendant's right to preliminary examination within 60 days only if arraignment or plea hearing preceded suspension of proceedings (Rushing, P.J.)

No. H043204

C.A. 2nd

Higgins v. Higgins

Repudiation of promise to hold funds in trust warranted imposition of constructive trust to prevent trustee's unjust enrichment (Kriegler, Acting P.J.)

No. B265865

9th Cir.

Decker v. Berryhill

Commissioner substantially justified in arguing against remand of disability claim on basis of raw test results (Clifton, J.)

No. 14-35373
Michael W. Mosman, Chief Judge, Presiding Before: Richard R. Clifton, Mary H. Murguia, and Jacqueline H. Nguyen, Circuit Judges.

9th Cir.

Gardner v. Berryhill

Commissioner not substantially justified in arguing against remand on basis of physician's final medical report (Nguyen, J.)

No. 14-35164
Michael W. Mosman, Chief Judge, Presiding Before: Richard R. Clifton, Mary H. Murguia, and Jacqueline H. Nguyen, Circuit Judges.

9th Cir.

Recycle for Change v. City of Oakland

Regulation of unattended donation collection boxes did not violate First Amendment (Gould, J.)

No. 16-15295
William Horsley Orrick III, District Judge, Presiding Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and John R. Tunheim,* Chief District Judge.

C.A. 2nd

Ford Motor Warranty Cases

Coordination trial judge erred in denying coordination of substantially similar add-on cases (Grimes, J.)

No. B277725

C.A. 4th

People v. Arce

Split sentence not available to defendant subject to deportation (Benke, J.)

No. D069360

9th Cir.

City of Dearborn Heights Act 345 Police and Fire Retirement System v. Align Technology, Inc.

Omnicare standards for pleading falsity of opinion statements applied to shareholder claims under §10(b) and Rule 10b-5 (M.D. Smith, J.)

No. 14-16814
Beth Labson Freeman, District Judge, Presiding Before: ANDREW J. KLEINFELD and MILAN D. SMITH, JR., Circuit Judges, and JOHN A. KRONSTADT,*District Judge.

C.A. 1st

People v. Salvador

Minimum parole eligibility terms apply to life sentences in lieu of 10-year consecutive gang enhancements (Richman, J.)

No. A142488

Ca. Sup. Ct.

Mendoza v. Nordstrom, Inc.

Labor Code mandates one day of rest during each workweek and not during every seven-consecutive-day period (Werdegar, J.)

C.A. 1st

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

Substantial evidence did not support agency's determination that changes to project required only addendum to previous negative declaration (Humes, P.J.)

No. A135892

9th Cir.

Cameranesi v. United States Department of Defense

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

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

9th Cir.

Fisher v. Kealoha

Paucity of restoration mechanisms under Hawaii law did not undermine federal prohibition on firearm possession by persons convicted of misdemeanor domestic violence (per curiam)

No. 14-16514
Alan C. Kay, Senior District Judge, Presiding Before: Alex Kozinski, Michael Daly Hawkins, and Carlos T. Bea, Circuit Judges.

C.A. 6th

G and W Warrens, Inc. v. Dabney

Written guaranty agreement controlled over party's subjective expectations to contrary (Rushing, P.J.)

No. H042243

9th Cir.

United States v. Liew

Defendant's warning to employee not to disclose certain information to investigators did not constitute witness tampering (Owens, J.)

No. 14-10367 Nos. 14-10384
Jeffrey S. White, District Judge, Presiding Before: Mary M. Schroeder, Kim McLane Wardlaw, and John B. Owens, Circuit Judges.

C.A. 2nd

In re Priscilla A.

Dependency jurisdiction not warranted absent finding of parental unfitness or neglect (Lui, J.)

No. B276745

C.A. 3rd

Berman v. HSBC Bank USA, N.A.

Bank materially violated statute by misstating time limit for appealing denial of borrower's loan modification application (Robie, Acting P.J.)

No. C081487

C.A. 2nd

Yolandas, Inc. v. Kahl and Goveia Commercial Real Estate

Scope of questions asked in third party judgment debtor examination may include location of assets no longer in third party's possession (Gilbert, P.J.)

2d Civil No.B271408

Ca. Sup. Ct.

Park v. Board of Trustees of the California State University

University's tenure decision not protected conduct for purposes of anti-SLAPP statute (Werdegar, J.)

C.A. 4th

San Diegans for Open Government v. San Diego State University Research Foundation (Investigative Newsource)

Newsgathering activities protected under anti-SLAPP statute (Nares, J.)

No. D069189

C.A. 2nd

Garcia v. American Golf Corporation

Trail immunity did not apply to injuries sustained by persons on pedestrian walkway adjacent to public golf course (Ashmann-Gerst, Acting P.J.)

No. B267613

C.A. 2nd

Hinrichs v. Melton

No abuse of discretion in trial court's balancing of hardships in granting of easements to landlocked property (Gilbert, P.J.)

2d Civil No.B267505

C.A. 2nd

Julian v. Mission Community Hospital

Lanterman-Petris-Short Act does not create private right of action for police officers' alleged duplicitous role in subject's detention (Segal, J.)

No. B263563

C.A. 1st

In re Oswaldo R.

Gang condition sufficiently clear to apprise probationer of prohibited conduct (Kline, P.J.)

No. A148364

C.A. 4th

People v. International Fidelity Insurance Co.

Bail conditions did not increase defendant's flight risk (Nares, J.)

No. D070060

C.A. 1st

People v. Lee

Thief's disposal of stolen funds using personal checks made payable to specific persons or entities did not qualify as money laundering (Jones, P.J.)

No. A145038

C.A. 2nd

In re A.N.

Minor's excessive absences properly triggered juvenile court jurisdiction (Tangeman, J.)

2d Juv. No. B275914

C.A. 2nd

People v. Roa

Expert testimony regarding case-specific facts gleaned from investigative reports should not have been admitted at trial (Chavez, J.)

No. B264885

C.A. 2nd

People v. Slough

Drug dealer did not personally inflict great bodily injury by selling victim heroin that caused fatal overdose (Perren, J.)

2d Crim. No. B262102

9th Cir.

Friedman v. AARP, Inc.

Plaintiff adequately stated claim based on AARP's alleged unlicensed sale of Medigap insurance in California (Parker, J.)

No. 14-56765
Dean D. Pregerson, District Judge, Presiding Before: Richard C. Tallman, Barrington D. Parker, Jr.* and Morgan Christen, Circuit Judges.

9th Cir.

Hickcox-Huffman v. US Airways, Inc.

Airline passenger may sue airline for refund of fees paid for baggage not delivered upon arrival (Kleinfeld, J.)

No. 11-16305
Howard R. Lloyd, Magistrate Judge, Presiding Before: Andrew J. Kleinfeld and Marsha S. Berzon, Circuit Judges, and Roger T. Benitez, District Judge.**

C.A. 4th

People v. Brown

Prosecutor's election of one of two alternate acts to support charged offense barred appellate consideration of sufficiency of evidence with respect to other act (Ramirez, P.J.)

No. E059735

9th Cir.

United States v. Rodriguez-Soriano

Defendant not entitled to sentence reduction based on amendment to guideline that played no role in original sentencing (McKeown, J.)

No. 15-30039
Donald W. Molloy, District Judge, Presiding Before: M. Margaret McKeown, Richard C. Tallman, and Morgan B. Christen, Circuit Judges.

9th Cir.

United States v. Velazquez

District court abused discretion in refusing to hear evidence on defendant's motions to substitute counsel (Friedland, J.)

No. 14-10311
James A. Teilborg, Senior District Judge, Presiding Before: Alex Kozinski, Ronald Lee Gilman,*and Michelle T. Friedland, Circuit Judges.

C.A. 2nd

Cross v. Superior Court (Kidane)

Subpoena for physician's disclosure of "all other data" pertaining to certain patients unenforceable as overly broad (Baker, J.)

No. B277600

C.A. 1st

Clary v. City of Crescent City

City not estopped from enforcing nuisance laws against recalcitrant property owner (Stewart, J.)

No. A143684

C.A. 1st

Carr v. Superior Court (The Department of Developmental Services)

Commitment order did not preclude medical determination of restored competency prior to treatment (Siggins, J.)

No. A147957

C.A. 4th

In re I.V.

Minor's school record sufficed to establish that his educational and mental health needs were not being met (Aaron, J.)

No. D070611

C.A. 4th

In re R.S.

Search and supervision conditions of probation not facially unconstitutional (Huffman, J.)

No. D071020

C.A. 4th

Ochoa v. Anaheim City School District

One-year waiver of "adequate yearly progress" testing did not create "safe harbor" for underperforming schools (Fybel, J.)

No. G052409

U.S. Sup. Ct.

Bank of America Corporation v. City of Miami

City may qualify as "aggrieved person" for purposes of filing suit under Fair Housing Act (Breyer, J.)

Nos. 15–1111 Nos. 15–1112

9th Cir.

Ayala v. Sessions

Court of appeals has jurisdiction over petition for review of adverse reasonable fear determination (Reinhardt, J.)

No. 13-72250
Before: Stephen Reinhardt and Kim McLane Wardlaw, Circuit Judges, and Edward R. Korman,* District Judge.

U.S. Sup. Ct.

Bolivarian Republic of Venezuela v. Helmerich and Payne International Drilling Co.

Claim of expropriation must be more than "non-frivolous" to trigger expropriation exception to Foreign Sovereign Immunities Act (Breyer, J.)

No. 15–423

C.A. 6th

Fox Factory, Inc. v. Superior Court (Isherwood)

Foreign plaintiff's choice of California forum not entitled to deference (Elia, J.)

No. H043648

9th Cir.

United States v. Sprint Communications, Inc.

Unsuccessful qui tam litigant had no right to intervene in government's action (Berzon, J.)

No. 14-17434
Charles R. Breyer, District Judge, Presiding Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and William K. Sessions III,* District Judge.

C.A. 2nd

People v. Guzman

Covertly recorded telephone conversations admissible at criminal trial under "Right to Truth–in–Evidence" provision of California Constitution (Goswami, J.)

No. B265937

9th Cir.

Wildwest Institute v. Kurth

Species "listing priority number" not sole factor to be considered in determining whether or not to list it as endangered (Gould, J.)

No. 14-35431
Dana L. Christensen, Chief Judge, Presiding Before: William A. Fletcher, Ronald M. Gould, and N. Randy Smith, Circuit Judges.

C.A. 1st

Cuevas v. Contra Costa County

Future ACA benefits not so speculative as to preclude evidence of such benefits on the issue of future medical damages (Dondero, J.)

No. A143440 & A144041

C.A. 2nd

People v. Pou

Emergency aid exception justified warrantless search of home (Kin, J.)

No. B269349

9th Cir.

Rizo v. Yovino

Use of female employee's most recent prior salary to determine salary not inherently discriminatory (Adelman, J)

No. 16-15372
Michael J. Seng, Magistrate Judge, Presiding Before: A. Wallace Tashima and Andrew D. Hurwitz, Circuit Judges, and Lynn S. Adelman,*District Judge.

C.A. 4th

Save Our Heritage Organisation v. City of San Diego (Plaza De Panama Committee)

No award of private attorney general fees against unsuccessful public interest litigant (McConnell, P.J.)

No. D070006

9th Cir.

City of Los Angeles v. AECOM Services, Inc.

No federal preemption of claims for contribution against contractors who breached duties to construct handicapped-accessible facility (M.D. Smith, J.)

No. 15-56606
S. James Otero, District Judge, Presiding Before: MILAN D. SMITH, JR. and N.R. SMITH, Circuit Judges, and GARY FEINERMAN, District Judge.*

C.A. 1st

People v. Sanford

Evidence linking suspect to robbery merely speculative (Humes, P.J.)

No. A145156

C.A. 4th

People v. Vela

Prop 57 applied retroactively to juvenile offender whose case was not yet final on appeal (Moore, J.)

No. G052282

9th Cir.

Weeden v. Johnson

Trial counsel rendered ineffective assistance in failing to obtain psychological evaluation of 14-year old accused of murder (Hurwitz, J.)

No. 14-17366
James K. Singleton, District Judge, Presiding Before: Consuelo M. Callahan and Andrew D. Hurwitz, Circuit Judges, and Donald W. Molloy,* District Judge.

C.A. 3rd

City of Santa Maria v. Cohen

Redevelopment property tax trust fund could not be used to make payments due on bonds (Robie, Acting P.J.)

No. C081190

C.A. 2nd

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Savings clause in new legislation preserved integrity of prior court holding (Grimes, J.)

No. B270580

U.S. Sup. Ct.

Lewis v. Clarke

Tribal sovereign immunity not implicated in suit brought against tribal employee in individual capacity (Sotomayor, J.)

No. 15–1500

C.A. 1st

Sierra Club v. County of Sonoma (Ohlson)

County's approval of erosion-control permit for new vineyard not discretionary act subject to CEQA. (Humes, P.J.)

No. A147340

9th Cir.

United States v. Johnson

Restitution for wire fraud scheme not limited to acts for which defendant was convicted Callahan, J.)

No. 15-30350
Dana L. Christensen, Chief Judge, Presiding Before: Richard A. Paez and Consuelo M. Callahan, Circuit Judges, and Morrison C. England, Jr.,* District Judge.

9th Cir.

United States v. Fryberg

Admission of officer's statement in return of service did not violate either hearsay rule or Confrontation Clause (Graber, J.)

No. 16-30013
James L. Robart, District Judge, Presiding Before: Susan P. Graber, Sandra S. Ikuta, and Andrew D. Hurwitz, Circuit Judges.

C.A. 4th

People v. Costella

Evidence supported finding that area of dirt, grass, and small brush qualified as "forest land" (Ramirez, P.J.)

No. E064374

Ca. Sup. Ct.

In re Kirchner

Juvenile offender's statutory right to petition for recall and resentencing after serving 15 years of LWOP sentence does not satisfy Eighth Amendment (Cantil-Sakauye, C.J.)

C.A. 4th

Nautilus, Inc. v. Yang

Inquiry notice insufficient to defeat transferee's good faith defense to claim of fraudulent conveyance (Fybel, J.)

No. G051956

9th Cir.

Kwan v. SanMedica International

Allegations of unsubstantiated advertising claims insufficient to state causes of action under California's unfair competition and consumer protection laws (Erickson, J.)

No. 15-15496
Maria-Elena James, Magistrate Judge, Presiding Before: J. Clifford Wallace and Milan D. Smith, Jr., Circuit Judges, and Ralph R. Erickson,* District Judge.

9th Cir.

CTIA - The Wireless Association v. City of Berkeley

Cell phone retailers not entitled to injunction staying enforcement of city ordinance compelling posting of warning to consumers regarding potential hazard of radiofrequency exposure (Fletcher, J.)

No. 16-15141
Edward M. Chen, District Judge, Presiding Before: William A. Fletcher, Morgan B. Christen, and Michelle T. Friedland, Circuit Judges.

9th Cir.

Andres v. Marshall

Prison officials' failure to respond to inmate grievance rendered administrative remedies unavailable (per curiam)

No. 15-56057
Dana M. Sabraw, District Judge, Presiding Before: J. Clifford Wallace, Edward Leavy, and Raymond C. Fisher, Circuit Judges.

Ca. Sup. Ct.

John v. Superior Court (Chan)

Vexatious litigant statute's prefiling requirements do not apply to defendant appealing adverse judgment (Chin, J.)

9th Cir.

California Public Utilities Commission v. Federal Energy Regulatory Commission

Shortfall in settlement clearing account needed to be allocated among all market participants (Thomas, C.J.)

No. 01-71934
Before: Sidney R. Thomas, Chief Judge, and M. Margaret McKeown and Richard R. Clifton, Circuit Judges.

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