Dhillon v. John Muir Health
Trial court order granting in part petition for writ of administrative mandate was appealable (Kruger, J.)
Trial court order granting in part petition for writ of administrative mandate was appealable (Kruger, J.)
Injunctive relief not available remedy for city's alleged violation of animal cruelty laws (Corrigan, J.)
Pending class actions toll statute of limitations on class members' own subsequently filed class actions (Fletcher, J.)
No. 15-55432
R. Gary Klausner, District Judge, Presiding Before: Stephen Reinhardt, William A. Fletcher, and Richard A. Paez, Circuit Judges.
Vehicle franchisee need not be "licensee" to sue for damages resulting from unlawful termination of franchise (Needham, J.)
No. A147954
Restitution order for conviction of flight from injury accident may not encompass losses incurred in underlying accident (Kruger, J.)
"On call" but uninterrupted rest period does not qualify as "off-duty" rest period (Miller, J.)
No. A143784
Allegations of complaint failed to support default judgment (Richman, Acting P.J.)
No. A147522
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.
Multiple factors may be considered in determining reasonable value of medical services (Lui, J.)
No. B267012
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.
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
Substantial evidence supported city council's rejection of proposed residential subdivision (McConnell, P.J.)
No. D070288
Workers' compensation insurance policy may be rescinded (Chavez, Acting P.J.)
No. B278412
Forbearance agreement did not waive usury claim (Ruvolo, P.J.)
No. A147944
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.
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.
Hague Service Convention does not prohibit service of process by mail (Alito, J.)
No. 16–254
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.
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
No clear error in district court's determination that race predominated in redrawing of North Carolina congressional districts (Kagan, J.)
No. 15–1262
"Annual bonus" provision in support agreement properly construed as limited to employers' discretionary payments (Aronson, J.)
No. G052947
"Residence" of domestic corporation for purposes of patent litigation refers only to state of incorporation (Thomas, J.)
No. 16–341
Mere arrest insufficient to support cause of action for malicious prosecution (Ramirez, P.J.)
No. E065418
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.
Right to Repair Act precludes common law claims for actual damage (Hull, J.)
No. C075611
Car passenger's probation search condition authorized search of all areas of passenger compartment within her reach (Haller, J.)
No. D069959
Party's appeal of support orders not "good cause" for ordering vocational evaluation (Miller, J.)
No. A144762
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.
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.
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.
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.
Vexatious litigant barred from filing new litigation even when represented by counsel (Chaney, J.)
No. B265267
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.
Accused's illegally obtained inconsistent statements properly used to impeach defense mental health expert during sanity phase of trial (Mihara, J.)
No. H042144
Victim's attempt to prevent car theft transformed theft into carjacking (Simons, J.)
No. A147910
Temporary staffing agency's arbitration clause encompassed employee's claims against both staffing agency and assigned employer (Ikola, J.)
No. G052872
Federal mining patents had no effect on application of state regulation of mining (Duarte, J.)
No. C079617
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.
No abuse of discretion in denying restraining order to wife who instigated violent confrontations with husband (Dato, J.)
No. D070495
Trial court erred in granting habeas petition without first issuing order to show cause (O'Leary, P.J.)
No. G052575
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.
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
Minor's substantial compliance with probation warrants both dismissal and sealing of juvenile records (Dondero, J.)
No. A148307
Juvenile adjudication not "conviction" for purposes of triggering felony sentencing for drug possession offense under Prop 47 (Peña, J.)
No. F071737
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.
Claim relating to allegedly invalid liquidated damages penalty may not be raised for first time on appeal (Walsh, J.)
No. H042740
Kentucky Supreme Court's clear-statement rule violates Federal Arbitration Act by singling out arbitration agreements for disfavored treatment (Kagan, J.)
No. 16–32
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
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.
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.
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.
Underground natural gas storage lease properly valued based on surface acreage and not storage volume (Hoch, J.)
No. C078196
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.
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.*
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.
Lawsuit under Fair Debt Collection Practices Act not appropriate remedy to correct allegedly erroneous judgment lien (Lee, J.)
No. BV 031488
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
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
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.
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.
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.
Coordination trial judge erred in denying coordination of substantially similar add-on cases (Grimes, J.)
No. B277725
Split sentence not available to defendant subject to deportation (Benke, J.)
No. D069360
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.
Minimum parole eligibility terms apply to life sentences in lieu of 10-year consecutive gang enhancements (Richman, J.)
No. A142488
Labor Code mandates one day of rest during each workweek and not during every seven-consecutive-day period (Werdegar, J.)
Substantial evidence did not support agency's determination that changes to project required only addendum to previous negative declaration (Humes, P.J.)
No. A135892
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.
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.
Written guaranty agreement controlled over party's subjective expectations to contrary (Rushing, P.J.)
No. H042243
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.
Dependency jurisdiction not warranted absent finding of parental unfitness or neglect (Lui, J.)
No. B276745
Bank materially violated statute by misstating time limit for appealing denial of borrower's loan modification application (Robie, Acting P.J.)
No. C081487
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
University's tenure decision not protected conduct for purposes of anti-SLAPP statute (Werdegar, J.)
Newsgathering activities protected under anti-SLAPP statute (Nares, J.)
No. D069189
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
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
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
Gang condition sufficiently clear to apprise probationer of prohibited conduct (Kline, P.J.)
No. A148364
Bail conditions did not increase defendant's flight risk (Nares, J.)
No. D070060
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
Minor's excessive absences properly triggered juvenile court jurisdiction (Tangeman, J.)
2d Juv. No. B275914
Expert testimony regarding case-specific facts gleaned from investigative reports should not have been admitted at trial (Chavez, J.)
No. B264885
Drug dealer did not personally inflict great bodily injury by selling victim heroin that caused fatal overdose (Perren, J.)
2d Crim. No. B262102
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.
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.**
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
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.
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.
Subpoena for physician's disclosure of "all other data" pertaining to certain patients unenforceable as overly broad (Baker, J.)
No. B277600
City not estopped from enforcing nuisance laws against recalcitrant property owner (Stewart, J.)
No. A143684
Commitment order did not preclude medical determination of restored competency prior to treatment (Siggins, J.)
No. A147957
Minor's school record sufficed to establish that his educational and mental health needs were not being met (Aaron, J.)
No. D070611
Search and supervision conditions of probation not facially unconstitutional (Huffman, J.)
No. D071020
One-year waiver of "adequate yearly progress" testing did not create "safe harbor" for underperforming schools (Fybel, J.)
No. G052409
City may qualify as "aggrieved person" for purposes of filing suit under Fair Housing Act (Breyer, J.)
Nos. 15–1111 Nos. 15–1112
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.
Claim of expropriation must be more than "non-frivolous" to trigger expropriation exception to Foreign Sovereign Immunities Act (Breyer, J.)
No. 15–423
Foreign plaintiff's choice of California forum not entitled to deference (Elia, J.)
No. H043648
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.
Covertly recorded telephone conversations admissible at criminal trial under "Right to Truth–in–Evidence" provision of California Constitution (Goswami, J.)
No. B265937
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.
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
Emergency aid exception justified warrantless search of home (Kin, J.)
No. B269349
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.
No award of private attorney general fees against unsuccessful public interest litigant (McConnell, P.J.)
No. D070006
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.*
Evidence linking suspect to robbery merely speculative (Humes, P.J.)
No. A145156
Prop 57 applied retroactively to juvenile offender whose case was not yet final on appeal (Moore, J.)
No. G052282
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.
Redevelopment property tax trust fund could not be used to make payments due on bonds (Robie, Acting P.J.)
No. C081190
Savings clause in new legislation preserved integrity of prior court holding (Grimes, J.)
No. B270580
Tribal sovereign immunity not implicated in suit brought against tribal employee in individual capacity (Sotomayor, J.)
No. 15–1500
County's approval of erosion-control permit for new vineyard not discretionary act subject to CEQA. (Humes, P.J.)
No. A147340
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.
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.
Evidence supported finding that area of dirt, grass, and small brush qualified as "forest land" (Ramirez, P.J.)
No. E064374
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.)
Inquiry notice insufficient to defeat transferee's good faith defense to claim of fraudulent conveyance (Fybel, J.)
No. G051956
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.
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.
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.
Vexatious litigant statute's prefiling requirements do not apply to defendant appealing adverse judgment (Chin, J.)
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.
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.
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.
Butter knife wielded by assailant was "deadly weapon" (Yegan, Acting P.J.)
2d Juv. No. B277076
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
Inmate properly found to have been "armed" with weapon found in cell in his absence (Murray, J.)
No. C077882
"Controlled experiment" in jury room constituted juror misconduct (Dato, J.)
No. D068743
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.
City timely undertook "utilization" of site development permit by applying for necessary regulatory approval (Nares, J.)
No. D069638
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.
Conviction for resisting an officer barred plaintiff's claim of excessive force (Kriegler, J.)
No. B268133
Gang condition not reasonably related to juvenile offender's crime of purse snatching (Miller, J.)
No. A148887
Defendant's letter complaining of deficient representation warranted Marsden hearing (Small, J.)
No. B266687
Adult child lacked standing to bring elder abuse claim on her mother's behalf (Perluss, P.J.)
No. B269900
Employer's refusal to allow employee to rescind prior resignation not adverse employment action under FEHA (Johnson, J.)
No. B275225
Parents' no contest pleas to dependency jurisdiction barred later claims of minors' wrongful detention by county social workers (Moore, J.)
No. G051784
Client's claim of attorneys' breach of fiduciary duty merely duplicated claim of legal malpractice (Kin, J.)
No. B266060
Publication of sonogram depicting fetus prior to termination of pregnancy constituted cognizable basis for invasion of privacy claim (Perluss, P.J.)
No. B266466
Defendant must appeal from order setting restitution in deferred restitution case (Thomas, J.)
No. 15–7250
Colorado's Compensation for Certain Exonerated Persons statute violates due process (Ginsburg, J.)
No. 15–1256 No. 15–1256
Parent's due process rights violated by exclusion of evidence pertaining to sibling relationship exception to termination of parental rights (McKinster, J.)
No. E067122
Attorneys properly disqualified for using privileged documents inadvertently disclosed by opposing party (Aronson, J.)
No. G053623
Statutory immunity applied to firefighter's injuries suffered when run over by vehicle at base camp (Butz, Acting P.J.)
No. C079270
Sanctions for bad faith conduct limited to innocent party's attorney fees incurred solely due to misconduct (Kagan, J.)
No. 15–1406
Prisoner to entitled to preemptive order directing Department of Corrections and Rehabilitation t do its job (Huffman, Acting P.J.)
No. D070590
Family court retained continuing jurisdiction to divide unadjudicated community property (Hoch, J.)
No. C080534
Contractual subrogation and reimbursement rights of federal employees' private health insurance carriers override state laws barring subrogation and reimbursement (Ginsburg, J.)
No. 16–149
Evidence insufficient to support finding of lying in wait (Chin, J.)
Apparently contradictory verdicts not contradictory (Hollenhorst, Acting P.J.)
No. E064038
Crime of sodomy does not require penetration into anus (Lavin, J.)
No. B265251
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.
Party's ignorance of hearing officer's identity as commissioner precluded finding of "implied consent" to hearing by commissioner (Benke, J.)
No. D069757
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.
Lawful possession of property no bar to claim of conversion arising from failure to surrender property on demand (Simons, J.)
No. A145867
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.
Defendant may not move to strike prior DUI conviction based on ineffective assistance of cousnel (Simons, J.)
No. A146680
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.
Parent's claim of "possible" native American ancestry insufficient to trigger duty of further inquiry under ICWA (Aaron, J.)
No. D070826
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
Mixed motive analysis appropriate where prosecutor stated both neutral and non-neutral reasons for excusing gay jurors (Hull, J.)
No. C072881
Citizen-sponsored ballot initiative not subject to Meyers-Milias-Brown Act meet-and-confer requirements (McConnell, P.J.)
No. D069626 No. D069630
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.
"Successor in interest" two steps removed from residential foreclosure sale has statutory authority to terminate prior tenancy (per curiam)
Case No: ACIAS 1600004
Native American inmate failed to establish that ban on tobacco use substantially burdened his religious exercise (O'Rourke, J.)
No. D070488
State Air Resources Board's 2015 low carbon fuel standards regulations failed to comply with CEQA (Franson, J.)
No. F073340
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.
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.
Trial court lacked authority to order regional center to conduct competency assessment of criminal defendant (McKinster, Acting P.J.)
No. E067232
Redesignation of felony theft conviction as misdemeanor petty theft not same as reduction to misdemeanor shoplifting (Turner, P.J.)
No. B270080
No connection needed be shown between gang subset and umbrella gang where all crimes directly benefited subset (Humes, P.J.)
No. A145498
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.
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.
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.
California law criminalizing fraud in sale of securities included fraudulent "money management" contracts (O'Rourke, J.)
No. D067052 No. D067561
Restitution award for damaged truck erroneously included reduced market value, repair costs, and salvage value (Nicholson, J.)
No. C076938
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.
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.
Health care whistleblower not entitled to jury trial on retaliation complaint (Cantil-Sakauye, C.J.)
Reclamation district had authority to levy assessment on local school district (Raye, P.J.)
No. C077906
Lack of detail in ordinal complaint precluded application of relation-back doctrine for subsequently filed amendment (Raye, P.J.)
No. C070770
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.
State Air Resources Board’s "cap-and-trade" auction program not unlawful tax (Duarte, J.)
No. C075930 No. C075954
Liability policy expressly covered company officer's criminal defense costs on appeal (Chaney, J.)
No. B265069
Party's waiver of right to seek public injunctive relief unenforceable (Chin, J.)
Party's success in enforcing forum selection clause did not make it prevailing party for purposes of attorney fees (Werdegar, J.)
Perpetrator could not be convicted of both theft and receipt of stolen property based on possession of same stolen property (Lui, J.)
No. B263744
Defective notice of dependency proceedings to incarcerated father harmless error (Perluss, P.J.)
No. B277142
Payment of fee for recreational use of property deprives all landowners of statutory immunity (Stewart, J.)
No. A146495
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.
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.
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.
Use of shackles on defendant did not violate his right to represent himself (Perren, J.)
No. 2d Crim. B265958
Directing stranded motorist to step out of roadway not "detention" (Ruvolo, P.J.)
No. A146642
No. B270426
Employer claiming employees' tasks were primarily managerial not required to document each and every week (Manella, J.)
No. B258732
Minor child not "tenant" of rent-controlled premises occupied with parents (Ruvolo, J.)
No. A149062
City's findings legally sufficient to support designation of privately owned building as historic resource (Aaron, J.)
No. D070210
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.
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.
Electronic search condition not reasonably related to preventing future criminality of defendant convicted of illegal weapons possession (Rothschild, P.J.)
No. B271300
Prosecutor's demand for fugitive's photograph or fingerprints did not impermissibly amend requirements for vacating forfeiture of bond (Hoffstadt, J.)
No. B264718
Prop 64 does not entitle inmate to automatic reduction of sentence (Rothschild, P.J.)
No. B269000
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.
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.
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.
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.
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.
Sentencing court may consider mandated minimum sentence for firearm offense in determining appropriate sentence for predicate offense (Roberts, C.J.)
No. 15–9260
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.
District court decision enforcing or quashing EEOC subpoena subject to review for abuse of discretion only (Sotomayor, J.)
No. 15–1248
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.
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.
Minor detained in order to pressure her into pleading guilty (by the court)
No. A149772
Totality of circumstances rendered third party's declaration against interest unreliable (Bruiniers, J.)
No. A146648
Zoning ordinances did not constitute single project for purposes of CEQA (Premo, J.)
No. H042976
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
Challenge to out-of-state no contest plea unavailing (Epstein, P.J.)
No. B264452
Value of stolen blank checks properly found to be de minimus (Slough, J.)
No. E065899
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.
Firefighter entitled to workers' compensation benefits from all three departments for which he worked (Stewart, J.)
No. A147582
Consideration of environmentally sensitive coastal habitat areas may not be deferred until after project approval (Corrigan, J.)
State statute barring credit card surcharges regulated speech as applied to merchant practice of single-sticker pricing (Roberts, C.J.)
No. 15–1391
District attorney's status as spouse of crime victim did not bar her office from prosecuting crime (Nicholson, J.)
No. C079225
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
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.
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
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.
Press release failed to provide grounds for defamation action (Kumar, J.)
No. B268928
Party need not instigate litigation against a trust in order to be held liable for fees and costs (Nicholson, Acting P.J.)
No. C077594
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.
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
No bond required to stay enforcement of judgment for fees and costs only pending resolution of appeal (by the court)
No. G054353
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.
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.
Referee's imposition of sanctions was directly appealable order (Moore, Acting P.J.)
No. G052016
Unlawful taking of $700 car qualified as petty theft under Prop 47 (Slough, J.)
No. E066432
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.*
Offending portion of arbitration agreement was readily severable (Banke, J.)
No. A146944
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.
Breaking into coin-operated machine and stealing coins constituted shoplifting under Prop 47 (Detjen, J.)
No. F071846
Theft by false pretenses constitutes "shoplifting" under Prop 47 (Corrigan, J.)
Amount of unpaid premiums properly awarded as restitution for crime of workers' compensation insurance fraud (Benke, Acting P.J.)
No. D069419
Trustee must take "affirmative steps" to preserve attorney-client privilege as to trustee's personal communications with counsel (Jenkins, J.)
No. A144558
Bankruptcy estate's interest in debtor's distributions of principal from spendthrift trust not limited to 25 percent (Liu, J.)
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.
Defense counsel not deficient for relying on prosecutor to subpoena all witnesses on prosecution witness list (Miller, J.)
No. E064000
Instruction on lesser offense of voluntary manslaughter not supported by evidence (Turner, P.J.)
No. B264462
Convicted sex offender's waiver of privilege against self-incrimination while on probation does not violate Fifth Amendment (Cuéllar, J.)
Failure to instruct jury on elements of charged offense was harmless error (Chin, J.)
Juror's failure to respond reasonably construed as objection to disclosure of identifying information to counsel (Codrington, J.)
No. E064121
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.
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.
Infant's mistreatment justified orders temporarily denying visitation (Reardon, J.)
No. A147877 & A149683 No. A147877 & A149683
No error in admission of letter previously deemed prejudicial in lawsuits in Illinois and Florida (Franson, J.)
No. F070761
Crimes of torture, spousal rape, and corporal injury all committed with single objective of inflicting pain and suffering (McKinster, J.)
No. E062962
Conditions of probation did not violate probation's constitution rights to travel or of freedom of association (Ramirez, P.J.)
No. E064824
Father's conduct towards son supported finding of presumed parent status (Willhite, J.)
No. B268319
Trial court properly considered 17-year old offender's youth in imposing 40-year-to-life prison term (Ikola, J.)
No. G051876
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
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
County did not improperly allow substantial changes to project following final approval (Slough, J.)
No. E063292
Family court erred in placing burden on child support obligee to justify imposition of guideline support award (Manella, J.)
No. B266621
Plaintiffs' prior receipt of relief deprived them of standing to litigate class action (Bigelow, P.J.)
No. B269431
City's standardized cost list insufficient to show $400 in damages from graffiti (Small, J.)
No. B267722
Reduction of prior convictions to misdemeanors prior to sentencing on new crimes barred their use to enhance sentence (Detjen, J.)
No. F071500
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
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.
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.
Victim restitution order for crime of domestic violence may not include home security measures (Haller, J.)
No. D070569
Attorney-client communications with public relations consultant not privileged (Segal, J.)
No. B272225
Nursing home facility's commitment of 382 violations of patient's rights supported finding of punitive damages (Moore, J.)
No. G051086
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.
Borrower's prior breach of contract action did not bar claims of TILA and UCL violations (Perluss, J.)
No. B271035
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.
Lodestar methodology properly applied to determine reasonable fee award in teacher's successful appeal of termination of employment (Zelon, J.)
No. B266265
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.
Customers could not compel pharmacies to seek refunds of tax monies remitted for items exempt from sales tax (Hoffstadt, J.)
No. B265011 & B265029
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.
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.
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
Comparative fault instructions appropriate in attorney malpractice action (Goodman, J.)
No. B260762
Employer failed to show that former employee's public statements violated nondisclosure agreement (Rushing, P.J.)
No. H042824
Arbuckle not applicable to juvenile restitution hearing (Rushing, P.J.)
No. H043104
Prop 57 not applicable retroactively for juvenile already tried and convicted as adult (Streeter, J.)
No. A140464
Admission of gang affiliation during booking admissible as to subsequent crime (Murray, J.)
No. C073188
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.
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
Juror improperly dismissed without adequate investigation of complaints against her (Perren, J.)
2d Civ. B268459
Failure to designate civil case as limited resulted in compulsory classification as unlimited (Collins, J.)
No. B270826
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.
Indigent defendant facing retrial entitled to complete transcript of prior trial including counsel's arguments (Cuéllar, J.)
Charter school organization not "other municipal corporation" for purposes of exemption from Labor Code waiting time penalties (Butz, J.)
No. C078677
Dependency court erred harmlessly in failing to hear mother's petition alleging changed circumstances (Chavez, J.)
No. B275728
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.
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
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.
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.
Felony-murder instructions rendered Chiu error harmless (Dondero, J.)
No. A137121
PAGA claims not subject to prior agreement to arbitrate (Miller, J.)
No. E064326
Purchaser at foreclosure sale not required to record title prior to serving occupants with notice to quit (Tangeman, J.)
2d Civil No. B266931
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.
Expert testimony sufficed to link gang subsets to larger gang (Baker, J.)
No. B266889
No abuse of discretion in evidentiary rulings pertaining to prior violent acts (Nicholson, Acting P.J.)
No. C078041
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.
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.
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.
Federal Sentencing Guidelines not subject to vagueness challenges under Due Process Clause (Thomas, J.)
No. 15–8544
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.
Evidence insufficient to support first degree murder conviction (Hoch, J.)
No. C072355
Evidence failed to support finding of reasonable reunification services (Simons, Acting P.J.)
No. A148171
Injured minor had only six months to challenge public entity's denial of application to file late claim (Corrigan, J.)
Law firm's unopposed motion to withdraw put client on notice that representation had ended (Duarte, J.)
No. C079790
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.
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.
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 .
Civil Discovery Act applies to actions brought under the California Public Records Act (Zelon, Acting P.J.)
No. B269525
Property owner's payment of taxes did not extend one-year time limit for filing of refund claim (Detjen, J.)
No. F072324
Mere possibility of exposure to asbestos from defendants' products insufficient to defeat summary judgment (Bruiniers, J.)
No. A131975
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.
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
Civil Discovery Act provides no authority to compel plaintiff in personal injury case to undergo vocational rehabilitation examination (Bamattre-Manoukian, J.)
No. H043345
Prejudgment interest not owed on retirement disability benefits prior to date of administrative determination of eligibility (Cantil-Sakauye, C.J.)
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.
City officials' communications on private electronic devices may be subject to disclosure under California Public Records Act (Elia, J.)
Dispute regarding homeowners association's tree-trimming covenant was matter of public interest for purposes of anti-SLAPP statute (Collins, J.)
No. B270396
Denial of fees to three of four attorneys who represented plaintiff exceeded bounds of trial court's sound discretion (Rushing, P.J.)
No. H041997
"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.
Substantial evidence supported chiropractor's conviction for sexual penetration by fraudulent misrepresentation of professional purpose (Bruiniers, J.)
No. A141917
Value of stolen blank checks properly found to be de minimus (Slough, J.)
No. E065899
Arbitrator exceeded authority in issuing award without notice to defendant (Haller, J.)
No. D070579
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
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
Employer failed to separately compensate commissioned sales associates for rest periods (Segal, J.)
No. B269657
No abuse of discretion in transfer of Marsden motion to different judge for hearing (Bedsworth, Acting P.J.)
No. G051606
Trial court should have ruled on defendant's objections to conditions of mandatory supervision (Huffman, Acting P.J.)
No. D069858
No right to bifurcation of misdemeanor charges that alleged prior DUI convictions (Bruiniers, J.)
No. A147278
Permanent injunction properly issued to enjoin nuisance created by criminal street gang (Hull, J.)
No. C068868
Unsuccessful candidate in general election had 30 days to contest results (Nicholson, Acting P.J.)
No. C082963
Report of alleged nurse misconduct to California Board of Registered Nursing absolutely privileged (Hoch, J.)
No. C078983
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
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.
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.
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.
Presence of security officers during defendant's meetings with counsel did not violate attorney-client privilege (Corrigan, J.)
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.
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.
Delisting petition may be used to challenge endangered species listing based on new evidence (Chin, J.)
Appellant's inability to produce hearing transcripts defeated claim that trial court order conflicted with prior ruling (Baker, J.)
No. B267359
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.
Previously served prison term did not preclude dismissal of felony offense later redesignated as misdemeanor (Lui, J.)
No. B269998
Victim's attempt to hold onto car as thief drove it away converted simple theft into carjacking (Flier, J.)
No. B267935 No. B277301
Lawful changes in retirement association's management of funds may have breached fiduciary duty to members (Detjen, J.)
No. F070605
Cause of action for slander of title could not rely on statement that failed to reference plaintiff (McConnell, P.J.)
No. D070000
Failure to timely disclose expert witnesses precludes reliance on expert declarations on motion for summary judgment (Corrigan, J.)
Prosecutor committed egregious misconduct in stating presumption of innocence did not apply (Gilbert, P.J.)
2d Crim. No. B258587
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
Instructional error improperly reduced prosecution's burden of proof as to texting while driving in vehicular manslaughter case (Moore, Acting P.J.)
No. G052512
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.
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.
Youth soccer leagues had duty to conduct criminal background checks on adults having contact with children in their programs (Mihara, J.)
No. H040688
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
Trial court errors of law regarding adverse possession claim did not require reversal (Rushing, P.J.)
No. H039293
Merits of case not at issue in deciding application for certificate of appealability (Roberts, C.J.)
No. 15–8049
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
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
Dependency court abused discretion in denying leave to amend petition to conform to proof (Goodman, J.)
No. B270853
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
Search warrant authorized search of vehicle found in suspect's front yard (Nicholson, Acting P.J.)
No. C075573
Driver's "deemed consent" insufficient to support warrantless blood draw (Williams, J.)
No. 1-14-AP-001674
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.
Competing lienholder's claims stated cause of action for equitable subrogation (Epstein, P.J.)
No. B262899
Defendant failed to show that consumer collection action was untimely (Elia, J.)
No. H042686
MDO had right not to be compelled to testify against himself at recommitment trial (O'Leary, P.J.)
No. G052951
Guarantee of repayment undermined characterization of transaction as sale of securities (Premo, J.)
No. H043360
Conviction for attempted possession of controlled substance triggers requirement to register as narcotics offender (Mihara, J.)
No. H042287
Trial court may exercise discretion to reallocate receivership costs (O'Leary, P.J.)
No. G051260
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
Losing bidder on public works contract cannot state cause of action for intentional interference with prospective economic advantage against winning bidder (Corrigan, J.)
Defendant may not challenge validity of underlying strike conviction in Prop 36 petition for resentencing (Kline, P.J.)
No. A143378
Prop 47 redesignation of felony as misdemeanor does not impact enhancement previously imposed based on that felony (Willhite, J.)
No. B269048
Trial court has jurisdiction to order preservation of potentially discoverable evidence for capital defendant’s future use in habeas proceedings (Werdegar, J.)
Allegedly defamatory statement protected under fair and true reporting privilege (Needhman, J.)
No. A147932
Neither issue preclusion nor claim preclusion applied to patient's claims against allegedly negligent dentist's employer (Perluss, P.J.)
No. B265752
California law does not preclude consideration of controls imposed by public regulation in finding agency relationship (Kriegler, J.)
No. B270082
Trial court's rejection of parties' joint stipulation to continuance resulted in injustice (Ikola, J.)
No. G051773
Later obtained warrant did not excuse prior warrantless search of suspect's home (Zelon, Acting P.J.)
No. B276937
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
Probation conditions did not undermine defendant's no contest plea (Grover, J.)
No. H042086
City of Los Angeles failed to reasonably accommodate police recruits injured during training (Segal, J.)
No. B257890
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
Parent's irregular visitation history insufficient to warrant application of parent-child relationship exception to termination of parental rights (Perluss, P.J.)
No. B275340
Mentally disordered offender waived any claim of error in recommitment proceedings after he absconded from outpatient treatment (Premo, J.)
No. H041651
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.
Actual value of forged check may be less than its face value (Rushing, P.J.)
No. H042551
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
Insurer's advertising expenses properly disallowed as "institutional advertising" (Robie, J.)
No. C077116, C078667
Actual innocence requirement not applicable to legal malpractice action in context of SVPA proceedings (Renner, J.)
No. C079496
Tenant who accepted landlord's buyout offer to avoid eviction could not later sue for violation of local rent ordinance (Banke, J.)
No. A144743
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.
Acceptance of voluntary manslaughter pleas from co-defendants not legally or factually inconsistent with defendant's prosecution for murder (Stewart, J.)
No. A140775
Sentence of life without parole not cruel and unusual punishment for juvenile murderer (Huffman, J.)
No. D069324
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
Presence of sea lions on city shore not public nuisance for which city could be held liable (Huffman, Acting P.J.)
No. D068086
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.
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
Extrinsic evidence should have been admitted to clarify identities of parties to real estate listing agreement (Rushing, P.J.)
No. H042292
Family court erred in imposition of sanctions for spouse's nondisclosure of assets (Grover, J.)
No. H039870, H041234
Crime of assault with intent to commit rape does not necessarily involve force or fear (Smith, J.)
No. F070733
Doctrine of comparative negligence did not apply to restitution award to crime victim's parents (Murray, J.)
No. C069555
On-set comments during filming of movie constituted free speech in connection with issue of public interest (Johnson, J.)
No. B261814 Consolidated with B263950
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.
Probation conditions prohibiting possession of firearms and illegal drugs included implicit requirement of knowing possession (Cué éllar, J.)
Perpetrator of continuous sexual abuse of child properly ordered to pay victim restitution for noneconomic damages (McConnell, P.J.)
No. D068746
Waiver of the right to a judicial forum for statutory claims must be clear and unmistakable (Collins, J.)
No. B267975
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
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.
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.
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.
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
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.
Enhancement for being armed with firearm properly applied to charge of possession of firearm by felon (Detjen, J.)
No. F069140
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.
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.
Investor could not claim delayed discovery who had notice of alleged wrongdoing at time of investments (Perluss, P.J.)
No. B269207
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.
Proffered expert testimony speculative and lacking in foundation (Hill, P.J.)
No. F069843
Part. pub. order February 2, 2017
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.
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
Enhancement for rendering victim comatose may apply to assault conviction notwithstanding defendant's conviction for manslaughter in same proceeding (PeÑa, J.)
No. F069279
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
Untimely assignment of deed of trust to New York securitized trust merely voidable and not void (Hull, J.)
No. C073207 No. C075062, C079144
Erroneous designation of signatory to agreement as limited liability company's managing member did not invalidate signature (Yegan, J.)
2d Civil No. B269276
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
Parents' steadfast denial of responsibility for drunk driving incident warrant dependency jurisdiction (Baker, J.)
No. B271027
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
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.
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.
Agency shop need not include all members of bargaining unit (Fybel, J.)
No. G052725
Purported bona fide purchaser for value could not claim title based on void judgment (O'Rourke, J.)
No. D070680
Property owners could present evidence of emotional distress on trespass and nuisance claims as recoverable annoyance and discomfort damages (O'Rourke, J.)
No. D070259
California had materially greater interest than New York in deciding enforceability of contractual jurytrial waiver (Streeter, J.)
No. A138463
Annoyance and discomfort damages were subject to statutory damage multiplier for trespass to trees (Epstein, P. J.)
No. B271240
Counsel erred prejudicially in failing to object to confession obtained in violation of Miranda rights (Kriegler, Acting P.J.)
No. B270653
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.
Trustees' alleged breach of fiduciary duty resulted in no compensable damages (Perren, J.)
2d Civil No. B265745
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.
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.
Probation condition for warrantless search of all electronic devices was not overbroad for offense of cell-phone child-pornography possession (Grover, J.)
No. H043075
Defendant's indigency should not bar access to postconviction discovery (Pollack, Acting P.J.)
No. A149006
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.
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
Misdemeanor shoplifting under Prop 47 did not include defendant's use of forged prescription to obtain drugs (Margulies, J.)
No. A147671
Surrogate mother's challenges to validity of surrogacy agreement lacked merit (Lui, J.)
No. B270525
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.
Officers' body camera video did not conclusively establish that they did not conduct unauthorized roadside body cavity search (Haller, Acting P.J.)
No. D070734
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
Prosecutor's misleading argument statements regarding voluntary intoxication were harmless (Lui, J.)
No. B261130
Probation report properly admitted to document juvenile adjudication for Prop 47 petitioner's disqualifying "super strike offense" (Thompson, J.)
No. G052780
Comparative juror analysis did not reveal racial bias (Corrigan, J.)
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.
Water district could not charge pro rata rate as fair compensation for wheeling water to agricultural supplier (Raye, P. J.)
No. C072218
Statutory claim for material supplier's violation of building standards requires proof of negligence or breach of contract (Aaron, J.)
No. D068406
Statutory public trail immunity protected grantor of trail easement from hiker's personal injury claims (MCConnell, P.J.)
No. D069756
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
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.
Williamson rule barred felony prosecution of official who failed to include assets on public disclosure form (Miller, J.)
No. E065645
County board of education lacked authority to issue zoning ordinance exemption for charter school property (Elia, J.)
No. H041088
No statutory basis for dismissal of dependency petition as to endangered minor child (Siggins, J.)
No. A147220 No. A147335
Danger to children required removal from father who possessed drugs and stored loaded gun in accessible location (Rubin, J.)
No. B271130
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.
Res judicata barred residential borrower's sequential lawsuits challenging foreclosure (Yegan, Acting P. J.)
2d Civil No. B272427
Satisfactory completion of deferred entry of judgment program does not relieve minor of obligation to pay court-ordered restitution (Mauro, J.)
No. C077056
Lengthy sentence not cruel or unusual punishment where youthful offender purposefully shot robbery victim in head (Ramirez, P.J.)
No. E059452
Irrigation district not "municipal corporation" under statute authorizing recovery for equipment damage (Franson, J.)
No. F072704
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.
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.
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
Incarceration of minors' father not sufficient basis for exercise of dependency jurisdiction (Hollenhorst, Acting P.J.)
No. E064621
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.)
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.
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.
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.
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
Legislative enactments mooted youthful offender's constitutional challenge to sentence as functional equivalent of life without parole (Zelon, J.)
No. B263800
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.
Medical marijuana business that could not prove tax registration was not immune from prosecution for operating prohibited business (B. Johnson, J.)
No. BR 052596
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.
Trial court erred in failing to reconsider choice of law determination following dismissal of out-of-state defendant (Rubin, Acting P. J.)
No. B265304
Trial court had jurisdiction to consider plaintiff's untimely new trial motion affidavits where defendant failed to object (Liu, J.)
Ongoing firearm prohibition did not preclude sealing juvenile's record upon completion of probation (Moore, Acting P.J.)
No. G052965
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
Perpetrator may properly be convicted of two crimes based on rape of person who is both unconscious and intoxicated (Chin, J.)