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Bowerman v. Field Asset Services, Inc.
Class certification was reversed because the class members could not show that the whole class suffered damages traceable to their alleged misclassification as independent contractors. 		Civil Procedure 9th Feb. 15, 2023
In re Jayden G.
Los Angeles Department of Children and Family Services failed to exercise due diligence in locating minor's father because it did not utilize specific information provided by mother in its searches. 		Dependency 2DCA/8 Feb. 15, 2023
People v. Mendoza
Court was not required to dismiss firearm enhancement pursuant to Section 1385(c)(2)(C) where dismissal would endanger public safety. 		Criminal Law and Procedure 4DCA/2 Feb. 14, 2023
Oberstein v. Live Nation Entertainment, Inc.
Although Ticketmaster's full legal name did not appear in Terms of Use arbitration provision, arbitration could still be compelled because the use of Ticketmaster's logo and links made it clear that it was a party to the provision. 		Arbitration 9th Feb. 14, 2023
Armstrong v. Michaels Stores Inc.
Where employer's actions evidenced intent to compel arbitration, it had not waived its right to arbitrate, despite nearly a year-long delay in moving to compel arbitration. 		Arbitration 9th Feb. 14, 2023
Water for Citizens of Weed California v. Churchwell White LLP
Anti-SLAPP motion was affirmed because plaintiffs did not establish law firm lacked probable cause to bring quiet title action based on a formal request to determine a corporation's water rights. 		Anti-SLAPP 3DCA Feb. 13, 2023
Valero v. Spread Your Wings, LLC
Caregiver who fabricated a report about another caregiver's abuse of dependent adult in their care had absolute immunity from civil and criminal liability pursuant to the Elder Abuse Act. 		Immunity 6DCA Feb. 13, 2023
San Diego County Credit Union v. Citizens Equity First Credit Union
Declaration of trademark non-infringement divested the district court of jurisdiction to rule on the validity of common-law trademark. 		Intellectual Property 9th Feb. 13, 2023
In re E. Mark Moon
Settlement agreement arranged without licensed real estate broker that extended maturity date of original loan arranged by licensed real estate broker was usurious forbearance. 		Bankruptcy BAP Feb. 10, 2023
Degala v. John Stewart Company
Subcontractor employee's claims against the general contractor and site owner were not barred by the Privette doctrine where employee was attacked by a third party and the defendants were involved in site security matters. 		Torts 1DCA/2 Feb. 9, 2023
In re M.C.
Child adjudged dependent should have been placed with parent who requested custody where there was not clear and convincing evidence such placement would be detrimental to the child. 		Dependency 1DCA/2 Feb. 8, 2023
IBC Business Owners for Sensible Development v. City of Irvine
City erred in approving project development based on addendum to a program environmental impact report as insufficient evidence supported its finding on the project's gas emissions and the project did not qualify for an exemption. 		Environmental Law 4DCA/3 Feb. 8, 2023
Modification: In re Marriage of D.H. and B.G.
In defining a child's "full-time" student status for termination of child support, courts are to consider the school calendar of the school that child attends to make its determination. 		Family Law 4DCA/1 Feb. 1, 2023
People v. Anderson
Statutory phrase indicating that felony enhancement "shall be dismissed" if a mitigating circumstance is present did not override court's discretion to dismiss pursuant to Penal Code Section 1385(c). 		Criminal Law and Procedure 2DCA/7 Feb. 8, 2023
People v. Pack
Due process required vacating conviction for assault with force likely because there was insufficient notice defendant could be convicted as a lesser included offense of assault with a deadly weapon. 		Criminal Law and Procedure 1DCA/4 Feb. 8, 2023
People v. The North River Insurance Company
Period for bail bond appearance may only be tolled by court if prosecution agrees. 		Criminal Law and Procedure 2DCA/8 Feb. 8, 2023
JPV I L.P. v. Koetting
Court improperly applied the alter ego theory to the LLC's' managing members by not considering all relevant factors showing a unity of interest and ownership. 		Corporations 1DCA/3 Feb. 8, 2023
Stone v. Alameda Health System
Alameda Health System was liable for Labor Code violations under the sovereign powers doctrine since the enabling statute stated it was not to be considered an agency. 		Government 1DCA/5 Feb. 7, 2023
Modification: So. California Gas Co. v. Public Utilities Commission
Governmental entity's discovery requests that sought all sources of funding for company's lobbying activities were not narrowly tailored to avoid unnecessary interference with constitutionally protected activities. 		Constitutional Law 2DCA/1 Feb. 7, 2023
Amended Opinion: Creech v. Richardson
When seeking federal habeas relief, where "new" evidence proffered for ineffective assistance of counsel claim was duplicative, it could not transform the claim into a new, unexhausted claim. 		Criminal Law and Procedure 9th Feb. 7, 2023
French Laundry Partners v. Hartford Fire Insurance Company
Order 		9th Feb. 7, 2023
Modification: Edais v. Superior Court (Foucrault)
San Mateo Coroner's Office was required to disclose its investigation report of a police officer's suicide since the public's interest in the report far outweighed the deceased officer's privacy interest. 		Public Records Act 1DCA/3 Feb. 7, 2023
Rocha v. U-Haul Co. of California
Arbitration agreement presented to employees as a stand-alone document was not unconscionable where it allowed for appeals, reimbursement, and a forum to bring their claims. 		Arbitration 2DCA/1 Feb. 6, 2023
Tiffany Hill v. Xerox Business Services, LLC
Acts inconsistent with right to arbitrate, including years-long appeal, demonstrated movant's preference to resolve matter judicially and amounted to waiver of arbitration. 		Arbitration 9th Feb. 6, 2023
Rigsby v. GoDaddy, Inc.
GoDaddy.com, as a domain name registrant, is an interactive computer service that falls within the Communication Decency Act's protections. 		Cyber Law 9th Feb. 6, 2023
Modification: People v. Cress
Trial court's dismissal of second petition seeking vacatur of murder conviction was appropriate where appeal of the original petition was still pending. 		Criminal Law and Procedure 4DCA/2 Feb. 6, 2023
Ward v. Safeco Insurance Company of America
Order 		9th Feb. 6, 2023
Williams v. FCA US LLC
Under the Song-Beverly Consumer Warranty Act's restitution provision, the actual price paid for a defective truck was the cost buyers paid in total in order to obtain the vehicle at the time they purchased it, exclusive of any trade-in value. 		Consumer Law 3DCA Feb. 3, 2023
People v. Superior Court (Fernandez)
Although nothing proved intent to kill at moment of fatal act, torture-murder special circumstance should have been reinstated when ample evidence demonstrated defendant's intent to torture and intent to kill. 		Criminal Law and Procedure 4DCA/2 Feb. 3, 2023
Armstrong v. Newsom
District court's orders for remedial measures to resolve disability discrimination in California prisons survived scrutiny because the orders resolved specific shortcomings the court had previously attempted to address. 		Prisoners' Rights 9th Feb. 3, 2023
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