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Name Category Published
U.S. v. Paixao
Recipient of Veterans Affairs federal assistance need not be primary beneficiary to be convicted under federal statute forbidding misuse of 'benefits' derived from federal assistance program. 		Criminal Law and Procedure 9th Mar. 23, 2018
Lawrence v. Superior Court
Seizure and holding by CHP of antique car valued at one million dollars violate due process of person in possession of the car, where suspicion of theft not supported by preponderance of evidence. 		Civil Procedure 1DCA/1 Mar. 22, 2018
People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense. 		Criminal Law and Procedure 5DCA Mar. 22, 2018
Marinello v. U.S.
Nexus must exist between defendant's breach of tax law and particular IRS administrative action before defendant may be convicted of felony statutes forbidding interference with 'due administration' of Internal Revenue Code. 		Tax USSC Mar. 22, 2018
Ayestas v. Davis
Court misinterprets 18 U.S.C. Section 3599(f) where it interprets the section as requiring funding applicant to show ‘substantial need’ to obtain funds provided by section. 		Criminal Law and Procedure USSC Mar. 22, 2018
Delzer v. Berryhill
Order 		9th Mar. 22, 2018
Glazing Health & Welfare Fund v. Lamek
Unpaid contributions to employee benefit funds are not plan assets; employers contractually committed to make such payments are not fiduciaries under ERISA. 		probate_and_trusts 9th Mar. 22, 2018
Williams v. Gaye
Jury instruction as to scienter requirement in copyright case does not warrant new trial, particular where instructions, as a whole, make plain the applicable law. 		Copyright 9th Mar. 22, 2018
Cyan, Inc. v. Beaver County Employees Retirement Fund
Securities Litigation Uniform Standards Act of 1998 does not strip state courts of their jurisdiction over class actions claiming only 1933 Act violations. 		statutory_interpretation USSC Mar. 21, 2018
People v. Arredondo et al.
Prosecutor repeatedly referring to defendants as cockroaches amounts to misconduct, requires reversal of jury's gang findings. 		Attorneys 1DCA/4 Mar. 21, 2018
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. 		Environmental Law 9th Mar. 21, 2018
People v. Tran
Case remanded where juvenile sentencing hearing precedes decision that affords such offenders right to present evidence for possibility of future parole. 		Criminal Law and Procedure 4DCA/3 Mar. 21, 2018
Nielsen v. Preap
Order 		USSC Mar. 20, 2018
People v. Aguirre
Total amount of counterfeit currency possessed by defendant properly determines whether defendant qualifies for Prop 47 resentencing based on $950 benchmark. 		Criminal Law and Procedure 1DCA/1 Mar. 20, 2018
Quanta Computer Inc. v. Japan Communications Inc.
Court does not abuse its discretion in declining to exercise jurisdiction pursuant to its finding of no connection between dispute and state, an alternative forum, and no public interest in state. 		Civil Procedure 2DCA/5 Mar. 20, 2018
Modification: Redfearn v. Trader Joe's Company
Intentional interference of contractual relations tort may be successfully brought even against nonparty whose performance is contemplated in sued-over contract. 		Torts 2DCA/7 Mar. 20, 2018
West Coast Air Conditioning Co. v. California Department of Corrections and Rehabilitation
Promissory estoppel damages properly awarded to firm for firm's bid preparation costs, where court deemed firm should have received project as 'lowest responsible bidder.' 		Remedies 4DCA/1 Mar. 20, 2018
People v. Cabrera
Revisiting and vacating a sentencing court's conclusions that defendant's prior convictions were serious felonies under relevant statutes is beyond the scope of Section 1170.126 of the Three Strikes Reform Act. 		Criminal Law and Procedure 3DCA Mar. 20, 2018
Sali v. Corona Regional Medical Center
Rule of Civil Procedure 37(a) allows court to issue order compelling deposition of nonparty expert witness and impose sanctions upon non-compliant party if witness fails to appear where sanctions are reasonable. 		Attorneys 9th Mar. 20, 2018
J. Arthur Properties, II, LLC v. City of San Jose
City properly deems marijuana collective does not qualify as 'medical office,' under municipal code definition; cannot qualify as legal nonconforming use. 		Municipal Law 6DCA Mar. 20, 2018
Modification: In re I.F.
Age of juvenile defendant must be considered under the totality of the circumstances when determining if he is in custody. 		Juveniles 3DCA Mar. 20, 2018
Don't Cell Our Parks v. City of San Diego
Denial of petition challenging city’s authorization of construction in public park affirmed where city charter gives city discretion to determine whether project constitutes change requiring vote. 		Municipal Law 4DCA/1 Mar. 19, 2018
People v. Jordan
To promote judicial economy, Penal Code Section 1237.2 requires defendant to bring minor ministerial contention in original appeal that includes other, more substantial contentions. 		Criminal Law and Procedure 3DCA Mar. 19, 2018
People v. Almanza
Though statutory amendment allows trial court retroactive discretion to strike previously-mandatory enhancement, no purpose to remand where trial court had evinced 'no desire to be lenient' with first degree murder defendant. 		Criminal Law and Procedure 2DCA/6 Mar. 19, 2018
Petrolink, Inc. v. Lantel Enterprises
Judgment denying request to subtract value of rents paid to lessor after lessee validly exercises purchase option from property's purchase price reversed where rent obligation terminates upon exercise of option. 		Contracts 4DCA/1 Mar. 19, 2018
Corley v. San Bernardino County Fire Protection District
Trial court does not err by refusing to offer jury instruction pertaining to lead fire chiefs, where plaintiff in age discrimination suit was a division chief. 		Civil Procedure 4DCA/1 Mar. 19, 2018
Big Oak Flat-Groveland Unified School District v. Superior Court of Tuolumne
Petition granted where Government Code Section 935 allows local entity to implement its own government claim presentation requirement for claims that are exempted by presentation requirements in Section 905(m). 		statutory_interpretation 5DCA Mar. 19, 2018
Byrd v. Phoenix Police Deptartment
Courts have an obligation to construe pro se filings liberally, particularly in civil rights cases. 		Civil Rights 9th Mar. 19, 2018

Opinion 		Attorneys Mar. 19, 2018
Saheli v. White Memorial Medical Center
Arbitration agreement exception for sections 'not arbitrable' under state law does not prevent arbitration where state law is preempted by FAA. 		statutory_interpretation 2DCA/8 Mar. 16, 2018
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