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Name Category Published
People v. Burke
Penal Code Section 1385(c) is only applicable to enhancements and therefore could not be used to remove defendant's prior strike conviction. 		Criminal Law and Procedure 3DCA Mar. 15, 2023
Carrillo v. County of Santa Clara
Allegations in plaintiff's medical negligence complaint did not support a delayed discovery exception to the one-year statute of limitations. 		Torts 2DCA/4 Mar. 15, 2023
Malear v. State of California
Prisoner's prematurely filed claim against public entities for negligent COVID-19 response under the Government Claims Act was superseded by compliant amended complaint. 		Government 1DCA/3 Mar. 15, 2023
State of Alaska Department of Fish and Game v. Federal Subsistence Board, et al
Plaintiff's claim that the Alaska National Interest Lands Conservation Act does not authorize the federal government to open emergency hunting seasons was excepted from mootness doctrine. 		Constitutional Law 9th Mar. 15, 2023
Green v. Miss United States of America LLC
Order 		9th Mar. 15, 2023
Castellanos v. State of California (Protect App-Based Drivers and Services)
Provisions defining what constituted an amendment to an initiative statute were unconstitutional as they intruded on both the Legislature's power as well as the Judiciary's authority to interpret the law. 		Constitutional Law 1DCA/4 Mar. 15, 2023
Murguia v. Langdon
Where state actors left 10-month old twins in a more dangerous situation than the one in which they found them, the state-created danger exception applied. 		Civil Rights 9th Mar. 15, 2023
People v. Tice
Testimony by victim and witness constituted substantial evidence upon which trial court could rely to conclude substance defendant sprayed on county employee was bodily fluid within the meaning of Penal Code Section 243.9(b). 		Criminal Law and Procedure 4DCA/2 Mar. 15, 2023
Ruegg & Ellsworth v. City of Berkeley
Trial court did not exceed scope of Court of Appeal's remand instructions to grant petition for writ of mandate by addressing undecided Housing Accountability Act issues. 		Civil Procedure 1DCA/2 Mar. 15, 2023
Katie Van v. LLR, Inc., et al
Class certification vacated because retailer defendant invoked an individualized issue--that retailer discounts left some class members uninjured--and provided evidence that at least some class members lacked meritorious claims. 		Civil Procedure 9th Mar. 14, 2023
Forbes Media LLC et al. v. USA
The First Amendment did not provide journalist access to sealed All Writs Act technical assistance materials relating to an ongoing criminal investigation involving a fugitive. 		Constitutional Law 9th Mar. 14, 2023
Omar Gay v. Amy Parsons
Psychologists not entitled to quasi-judicial immunity because psychologists' assessments to determine inmate plaintiff's parole review were not binding nor did psychologists function in a judicial decision-making capacity. 		Immunity 9th Mar. 14, 2023
People v. Ngo
*Franklin* hearings, allowing the preservation of youth-related mitigating factors for a future hearing, do not violate equal protection principles, despite being unavailable to those sentenced to life without parole. 		Criminal Law and Procedure 4DCA/2 Mar. 14, 2023
Radu v. Shon
Law-of-the-case doctrine did not prevent district court from reviewing its grave-risk determination in international child custody case under the Hague Convention because there was updated evidence of German custody procedures. 		International Law 9th Mar. 14, 2023
People v. Oliva
Court did not need to bifurcate trial under newly enacted Penal Code Section 1109 because the gang evidence was relevant for defendant's murder charge and was not highly prejudicial. 		Criminal Law and Procedure 4DCA/2 Mar. 13, 2023
Center for Environmental Health v. Perrigo Co.
Generic drug manufacturers could not give Proposition 65 warnings without violating the federal duty of sameness because public advertising containing such warnings would qualify as "labeling" under Food, Drug, and Cosmetic Act. 		Consumer Law 1DCA/1 Mar. 13, 2023
People v. Arreguin
Where conviction involving special circumstance findings made before *Banks* and *Clark*, an evidentiary hearing for Penal Code Section 1172.6 petition for resentencing was required. 		Criminal Law and Procedure 2DCA/6 Mar. 13, 2023
Modification: People v. Lopez
Defendant was not entitled to reversal of his first degree murder conviction based on changes to the felony-murder rule because a special circumstance finding rendered him ineligible. 		Criminal Law and Procedure 4DCA/2 Mar. 13, 2023
NCR Properties v. City of Berkeley
Only newly-contructed rooms that added to housing stock were exempt from local rent control when the renovated house had been previously used as a residence. 		Real Property 1DCA/3 Mar. 13, 2023
Garcia-Brower v. Nor-Cal Venture Group
After the Labor Commissioner became party to a pending informal hearing on a matter, it was not proper for it to issue a deposition subpoena pursuant to its investigatory powers. 		Administrative Agencies 3DCA Mar. 13, 2023
Seaview Trading LLC v. Commisssioner of Internal Revenue
Delinquent tax returns must follow filing requirements strictly, including where the return must be filed, in order for the return to be deemed filed. 		Tax 9th Mar. 13, 2023
O'Handley v. Weber
Twitter was not a state actor where it removed a post according to its own content moderation policies and user agreement despite the fact that the removed post was initially flagged by a state agency. 		Constitutional Law 9th Mar. 13, 2023
Buero v. Amazon.com Services Inc.
Because Oregon law aligns with federal law regarding what activities are compensable, plaintiff was required to allege that mandatory security screenings before or after work shifts were compensable under the Fair Labor Standards Act. 		Employment Law 9th Mar. 13, 2023
In re J.M.
Termination of juvenile court's jurisdiction and order granting sole physical custody to mother was proper because father failed to show by a preponderance of the evidence conditions justifying continued supervision. 		Dependency 2DCA/4 Mar. 13, 2023
Pacific Palisades Residents Assn., Inc. v. City of Los Angeles
Senior living home project in the Pacific Palisades was exempt from the California Environmental Quality Act because it was built in an urbanized area with no requirement for architectural uniformity. 		Environmental Law 2DCA/8 Mar. 10, 2023
World Wide Voice LLC v. Federal Communications Commission
Federal Communications Commission acted within its congressionally-authorized purview in finding a local exchange carrier in violation for entering sham arrangement to bypass rules. 		Administrative Agencies 9th Mar. 10, 2023
Piplack v. In-N-Out Burgers
Plaintiffs had standing for representative Private Attorneys General Act action in court against employer with whom they had an arbitration agreement even if their individual claims were arbitrated. 		Arbitration 4DCA/3 Mar. 9, 2023
Hang v. RG Legacy I
Plaintiff was entitled to pursue elder abuse claims in court because substantial evidence showed decedent was indigent at time of death, and defendant nursing facility waived arbitration by failing to agree to pay arbitration fees and costs. 		Arbitration 4DCA/3 Mar. 9, 2023
U.S. v. Salazar
Providing safety-valve relief to Mexican Mafia prison member required he proffer all information regarding the prison drug scheme regardless of the information's relevance or usefulness. 		Criminal Law and Procedure 9th Mar. 9, 2023
Winsor v. Sequoia Benefits & Insurance Services
Employees lacked standing to sue ERISA plan administrator because their employer's broad discretion in setting plan contributions meant their alleged injuries were not fairly traceable to the administrator. 		Civil Procedure 9th Mar. 9, 2023
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