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Name Category Published
Clifton Capital Group, LLC v. Sharp
Unsecured creditor's alleged injury was too conjectural to object to trustee's compensation enhancement where the debtor's bankruptcy plan proposed to pay allowed claims in full. 		Bankruptcy 9th May 9, 2023
People v. Montanez
Petitioner who actively participated in underlying robbery and sex crimes with knowledge of cohort's violent disposition without trying to mitigate that danger was a major participant for felony murder purposes. 		Criminal Law and Procedure 4DCA/1 May 9, 2023
In re E.W.
Welfare agency reliably answered the question of whether dependent child had Native American ancestry in light of declarations by both parents and interviews with extended family members. 		Dependency 1DCA/2 May 9, 2023
Dua v. Stillwater Insurance Company
Because dog bite lawsuit against insured was potentially covered, insurance company was required to investigate and negate all facts leading to coverage before denying coverage. 		Insurance 2DCA/2 May 8, 2023
Stack v. City of Lemoore
Jury verdict finding city liable for injury caused by uneven sidewalk was appropriate because the sidewalk defects could not be deemed "trivial" as a matter of law, despite plaintiff's familiarity with the area. 		Government 5DCA May 5, 2023
Mendoza v. Superior Court (People)
Case was remanded to prove that alleged gang shooting was committed for the gang's benefit since the non-reputational benefit evidence was minor compared to the other preliminary hearing evidence. 		Criminal Law and Procedure 5DCA May 5, 2023
Young v. Midland Funding LLC
Under the Rosenthal Fair Debt Collection Practices Act, a consumer needed only to make a prima facie showing that the debt collectors made a false representation and need not show that it was made knowingly. 		Consumer Law 1DCA/4 May 5, 2023
In re F.M.
Juvenile court failed to comply with its express declaration requirement for wobbler allegations since it did not discuss its discretion in the hearing transcript. 		Juveniles CASC May 5, 2023
Kennedy Jr. v. Warren
Senator's letter requesting Amazon review and adjust its algorithm so it would not promote COVID-19 misinformation published by third parties was not a coercive violation of the First Amendment. 		Constitutional Law 9th May 5, 2023
Smith v. Agdeppa
Order 		9th May 5, 2023
In re: Simon Vernon Rodriguez and Marilyn Kay Schipull
Summary judgment was appropriate where there were no genuine issues of material fact regarding whether state court judgment against debtor was for violation of securities laws. 		Bankruptcy BAP May 4, 2023
Crestwood Behavioral Health, Inc. v. Baass
Because the Reimbursement Act does not impose a mandatory, specific method to audit Medi-Cal supplemental payments, courts may not issue writs to exact such payments. 		Administrative Agencies 3DCA May 3, 2023
Starlight Cinemas, Inc. v. Massachusetts Bay Insurance Company
Business interruption policy that covered physical loss and damages precluded coverage for losses resulting from government-ordered suspension of operations during COVID-19 pandemic. 		Insurance 2DCA/7 May 3, 2023
Hernandez v. City of Stockton
Plaintiff failed to comply with government claim requirements when he identified an uplifted sidewalk as the dangerous condition in his claim, but an empty tree well as the dangerous condition in the civil action. 		Torts 3DCA May 2, 2023
Atkins v. St. Cecilia Catholic School
Summary judgment was improper where triable issues of fact existed regarding the ministerial exception's application to plaintiff, an office administrator and art teacher at defendant Catholic school. 		Constitutional Law 2DCA/8 May 2, 2023
West Pueblo Partners, LLC v. Stone Brewing Co., LLC
Stone Brewing could not withhold paying rent for new brewpub under lease's force majeure provision since COVID-19 restrictions did not delay, interrupt, or prevent timely payment. 		Contracts 1DCA/2 May 2, 2023
Glassman v. Safeco Insurance Company of America
Prejudgment interest was denied where the arbitration award did not make clear whether defendant could have readily ascertained the amount owed. 		Civil Procedure 6DCA May 2, 2023
Naranjo v. Doctors Medical Center of Modesto, Inc.
Emergency room patient's Consumer Legal Remedies Act claim war properly pleaded since he adequately alleged that medical center failed to provide material information about its evaluation and management services fee. 		Consumer Law 5DCA May 2, 2023
Upper Skagit v. Sauk-Suiattle
Language used in judicial opinion clearly and unambiguously established that district court did not intend to include the Skagit River in the Sauk-Suiattle Indian Tribe's usual and accustomed fishing grounds. 		Native American Affairs 9th May 2, 2023
Modification: County of Butte v. Dept. of Water Resources
California's environmental impact report for licensed hydropower facilities was sufficient because whether climate change necessitated project operation changes was too uncertain to evaluate. 		Environmental Law 3DCA May 2, 2023
Santa Ynez Band of Chumash v. Lexington Insurance Co.
Summary judgment for insurer on property damage claim was appropriate where insured provided no evidence of what specific covered property had been damaged. 		Insurance 2DCA/6 May 1, 2023
People v. Werntz
Mother's aiding and abetting second degree murder charge was valid even after changes to felony murder liability where she failed to protect her daughter from her husband who she knew was dangerous. 		Criminal Law and Procedure 4DCA/1 May 1, 2023
Wellsfry v. Ocean Colony Partners
Summary judgment was appropriate where golfer was injured by stepping on tree root because he assumed the risks inherent in interacting with the natural terrain of an outdoor golf course. 		Torts 1DCA/3 May 1, 2023
Bidari v. Kelk
Plaintiffs' malicious prosecution claim failed because complaint based the claim on acts--including arrest, warrant proceedings, and bail--that did not involve judicial proceedings nor would terminate in their favor. 		Torts 2DCA/1 May 1, 2023
State of California ex rel. Edelweiss Fund v. JPMorgan Chase & Co.
California False Claims Act's particularity requirement was met when complaint detailed financial institutions' "robo-setting" scheme to allegedly defraud investors. 		Banking 1DCA/4 May 1, 2023
Cruz v. City of Spokane
Order 		9th May 1, 2023
Optional Capital Inc. v. DAS Corporation
Order 		9th May 1, 2023
Berry v. Frazier
Demurrer inappropriate where complaint incorrectly designated statutory remedy as cause of action but alleged facts sufficient to support causes of action that could serve as a basis for such recovery. 		Torts 1DCA/3 May 1, 2023
People v. Bocanegra
Possession of an assault weapon charge did not violate defendant's Second Amendment right because an AR-15 rifle is not a weapon typically possessed by law-abiding citizens for lawful purposes. 		Constitutional Law 3DCA May 1, 2023
Modification: Barron v. Superior Court (People)
Merced District Attorney's third criminal complaint was dismissed under the two-dismissal rule where the second complaint was dismissed pursuant to an enumerated statute. 		Criminal Law and Procedure 5DCA Apr. 28, 2023
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