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Name Category Published
Alejandro Toledo Manrique v. Mark Kolc
Order 		9th Apr. 6, 2023
Duke v. Gastelo
Federal abstention was inappropriate where petitioner had no opportunity to raise constitutional challenges in state court proceeding and requested the federal petition be stayed pending resolution of the state proceeding. 		Criminal Law and Procedure 9th Apr. 6, 2023
Soni v. Cartograph, Inc.
In a suit between attorney and client, trial court properly found client was prevailing party under Mandatory Fee Arbitration Act for purposes of attorney fees award, because client obtained judgment confirming the award. 		Arbitration 2DCA/5 Apr. 6, 2023
Earnest v. Commission on Teacher Credentialing
Teacher that had his credentials revoked by the Commission on Teacher Credentials was excused from exhausting his administrative remedies where the Commission's Committee acted in excess of its jurisdiction. 		Education 3DCA Apr. 6, 2023
Reliant Life Shares, LLC v. Cooper
In a bifurcated trial, the trial court's factual findings in the bench trial on equitable issues were within the scope of issues to be tried and were properly binding upon the jury trial on legal issues. 		Civil Procedure 2DCA/8 Apr. 6, 2023
GRFCO, Inc. v. Superior Court (Dept. Industrial Relations)
Contracting companies were properly debarred from acting as public works contractors because they knowingly violated apprenticeship requirements by failing to follow the regulations printed on the apprenticeship forms. 		Commercial Law 4DCA/2 Apr. 5, 2023
Ayanian v. Garland
Using the Ninth Circuit's mediation program to hold proceedings in abeyance while awaiting discretionary relief that may never come rather than resolve a dispute would be an abuse of process. 		Immigration 9th Apr. 5, 2023
Fellowship of Christian Athletes v. San Jose Unified School District Board of Education
Order 		9th Apr. 5, 2023
Brown v. Louisiana
Order 		USSC Apr. 4, 2023
Bolden-Hardge v. California State Controller
California State Controller's Office could not use the excuse of undue hardship when employee requested an addendum to oath of government allegiance to accommodate her religious beliefs. 		Employment Discrimination 9th Apr. 4, 2023
In re Lopez
Gang-murder special circumstance, standing alone, did not necessarily show that jury instruction on the natural and probable consequences theory of aiding and abetting first degree murder was harmless beyond a reasonable doubt. 		Criminal Law and Procedure CASC Apr. 4, 2023
Bernuy v. Bridge Property Management Co.
Property management company did not justifiably rely on settled law where there was an extant disagreement between the Courts of Appeal about the constitutionality of a consumer protection measure. 		Consumer Law 1DCA/3 Apr. 3, 2023
In re S.S.
It was reasonably probable the juvenile court would not have ordered minor's transfer to a court of criminal jurisdiction under the current version of Welfare and Institutions Code Section 707. 		Juveniles 3DCA Apr. 3, 2023
People v. Cooks
Alleged invalid waiver of right to appear at restitution hearings was not ripe for review where no hearings had been held. 		Criminal Law and Procedure 4DCA/1 Apr. 3, 2023
Seifu v. Lyft, Inc.
Lyft driver retained standing to bring non-individual Private Attorneys General Act claims because he was an "aggrieved" employee with at least one alleged Labor Code violation committed against him. 		Arbitration 2DCA/4 Apr. 3, 2023
Santa Clara Valley Water Dist. v. Century Indemnity Co.
Water district's act of unilaterally agreeing to Consent Decree in regards to mercury contamination claim barred it from seeking indemnification under third-party insurance contract's No Voluntary Payment provision. 		Insurance 6DCA Apr. 3, 2023
Shenson v. County of Contra Costa
Property owners' inverse condemnation claim was denied because the county exerted no direct control over the defective drainage system when it approved its construction. 		Real Property 1DCA/2 Apr. 3, 2023
East Oakland Stadium Alliance, LLC v. City of Oakland
Environmental impact report's assumption that displaced overnight truck parking could relocate from Howard Terminal to nearby lots within the Port of Oakland was supported by substantial evidence. 		Environmental Law 1DCA/4 Apr. 3, 2023
Modification: River's Side at Washington Squate Homeowners Assn. v. Superior Court (River's Side LLC)
A homeowners association had standing to bring claims for damages to residential units that sounded in contract or fraud if it met the requirements for bringing a representative action pursuant to Code of Civil Procedure Section 382. 		Real Property 3DCA Apr. 3, 2023
K.R. v. Superior Court (People)
Although Welfare & Institutions Code Section 709 establishes a maximum period of one year of remediation, the juvenile court's jurisdiction continued for a reasonable period afterward to resolve the minor's competency. 		Juveniles 2DCA/1 Apr. 3, 2023
Sitrick Group v. Vivera Pharmaceuticals
Arbitrator's disclosure of facts he was not required to disclose could not serve as the basis for vacating his arbitration award. 		Arbitration 2DCA/2 Apr. 3, 2023
People v. Marquez
Whether the accused is "not a caretaker" is not an essential element required to be proven by the prosecution for felony elder theft under Penal Code Section 368(d). 		Criminal Law and Procedure 4DCA/3 Apr. 3, 2023
In re Kerins
Despite the 14-year delay, the trial court acted within its discretion in determining petitioner's speedy trial rights were not violated where the delay was primarily due to petitioner's continuance requests. 		Criminal Law and Procedure 1DCA/4 Apr. 3, 2023
People v. Vaca
Granting a motion under Penal Code Section 1473.7 for failure to understand immigration consequences of a plea does not require dismissal of the underlying criminal complaint. 		Criminal Law and Procedure 1DCA/4 Apr. 3, 2023
Gropen v. Superior Court (Shabrang)
PTSD-afflicted plaintiff's request for the presence of his wife, who was also a witness, at his deposition was deemed timely as the request was made five days before deposition's occurrence. 		Disability Discrimination 4DCA/1 Apr. 3, 2023
People v. Wilson
Prosecutor's statement that jury could "presume" from evidence of uncharged sexual offense that defendant committed a crime was not misconduct because jury would have understood "presume" in its colloquial sense. 		Criminal Law and Procedure 4DCA/1 Mar. 31, 2023
Rivera v. Hillard
Under the Domestic Violence Prevention Act's Family Code Section 6342, ex-husband was allowed restitution for the value of the property ex-wife confiscated or destroyed. 		Family Law 1DCA/4 Mar. 31, 2023
Peterson v. Thompson
In allocating the costs of a court-appointed child custody evaluator, the trial court must consider the parties' ability to pay. 		Family Law 1DCA/2 Mar. 31, 2023
Khalulyan v. Garland
Alien was eligible for removal due to his involvement in a fraudulent criminal conspiracy that resulted in total loss greater than $10,000 regardless of the actual amount of loss he caused. 		Immigration 9th Mar. 31, 2023
Alfred v. Garland
Alien convicted of robbery was eligible for removal for committing an aggravated felony because state statute for accomplice liability was categorical match with the federal generic definition of accomplice liability. 		Immigration 9th Mar. 31, 2023
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