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Name Category Published
Pettibone v. Russell
No Bivens cause of action existed where special factors, including an alternative remedial process, indicated constitutional cause of action should not be expanded to include the underlying context. 		Civil Rights 9th Feb. 3, 2023
U.S. v. Barrogo
District court correctly imposed sentence increase for scheme involving EBT cards because Personal Identification Numbers are authentication features that, under the Sentencing Guidelines, are not required to be physically on the card itself. 		Criminal Law and Procedure 9th Feb. 3, 2023
Modification: People v. Henderson
Passage of the Three Strikes Reform Act did not alter courts' authority to impose concurrent terms for felonies committed on the same occasion or same operative facts. 		Criminal Law and Procedure CASC Feb. 3, 2023
Fleming v. Oliphant Financial
Party seeking to compel arbitration failed to prove existence of agreement to arbitrate disputes because it could provide no evidence of the mutual assent of the parties to do so. 		Arbitration 1DCA/1 Feb. 2, 2023
Clarkson v. Alaska Airlines Inc.
In a Uniformed Services Employment and Reemployment Rights Act suit, the district court erred by comparing short-term non-military leave to military leave in general, as opposed to just short-term military leave. 		Employment Law 9th Feb. 2, 2023
People v. Maldonado
Defendant established prima facie case for resentencing relief where he demonstrated it was possible the jury had improperly convicted him based on a theory of imputed malice murder. 		Criminal Law and Procedure 1DCA/5 Feb. 1, 2023
Hernandez v. Meridian Management Services, LLC
Defendants could not compel arbitration of wrongful termination claim under agreement to submit disputes between plaintiff and her employer and its agents where defendants failed to prove an agency relationship. 		Arbitration 2DCA/8 Feb. 1, 2023
People v. Ornelas
When probationer skips probation, the court may adjust probation term's expiration date to add the days probationer skipped, even if it results in an end date more than two years after the start date. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2023
People v. Fuentes
Protective order requiring defendant to not "disturb the peace" with his girlfriend was not unconstitutionally vague because it was clearly directed toward curbing his domestic violence. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2023
Murrey v. Superior Court (General Electric Company)
Arbitration agreement in employee's employment contract was unconscionable because it was presented on a take-it-or-leave-it basis and contained confusing and decidedly one-sided terms in favor of General Electric. 		Arbitration 4DCA/3 Feb. 1, 2023
Modification: Griego v. City of Barstow
Although some misconduct allegations supporting fire chief's termination were overturned, remand was unnecessary where no real doubt existed city would impose same penalty based on the remaining sustained allegations. 		Administrative Agencies 2DCA/8 Feb. 1, 2023
Casson v. Orange County Employees Retirement System
Because CalPERS pensioner did not elect reciprocity, his disability pension with Orange County Employees Retirement System should not have been offset. 		Government 4DCA/3 Feb. 1, 2023
Estate of Franco
Family Code Section 7540(a)'s marital presumption requires a finding that the child was conceived and born while the parents were living together. 		probate_and_trusts 1DCA/3 Feb. 1, 2023
D.O. v. Escondido Union School District
Four-month delay before proposing student's autism assessment plan did not constitute procedural violation of federal education law where delay violated no statutory timelines. 		Education 9th Feb. 1, 2023
Amended Opinion: Metlakatla Indian Community v. Dunleavy
While not expressly stating the Metlakatla Native American's right to fish in certain Alaskan waters, the 1891 Act establishing their reservation required inference of such a right. 		Native American Affairs 9th Feb. 1, 2023
Marriage of Belthius
Ex-husband's pension calculations must comport with the stipulated judgment agreed to at separation. 		Family Law 2DCA/2 Feb. 1, 2023
In re M.V.
Psychological evaluator's bonding study of minor's relationship with her parents was improper because it did not focus on the psychological relationship between the minor and her parents. 		Dependency 2DCA/8 Jan. 31, 2023
Travis v. Brand
Prevailing defendants in a Political Reform Act suit must show that either plaintiffs pursued or continued a frivolous claim to recoup attorneys' fees and costs. 		Government CASC Jan. 31, 2023
U.S. v. Baker
Police exceeded the appropriate scope of a stop-and-frisk search of the defendant by seizing a car key, locating the car it belonged to, and searching the car. 		Criminal Law and Procedure 9th Jan. 31, 2023
Save Livermore Downtown v. City of Livermore
City's development complied with planning and zoning laws where it was consistent with prior plans for which an Environmental Impact Report had been certified. 		Government 1DCA/3 Jan. 30, 2023
Ventura29 v. City of San Buenaventura
Court's demurrer to plaintiff's inverse condemnation claim against the City of San Buenaventura was affirmed because plaintiff failed to appeal the City's engineering decision to the City's Public Works Director. 		Real Property 2DCA/6 Jan. 30, 2023
Darby v. Sisyphian, LLC
Gentleman's club owner's response to former employee's confirmation of arbitration award was statutorily untimely. 		Arbitration 2DCA/2 Jan. 30, 2023
People v. Ortiz
Refusal to dismiss enhancement was not an abuse of discretion where trial court determined it did not further justice because numerous aggravating factors were collectively weightier than a single, heavily-weighted mitigating factor. 		Criminal Law and Procedure 6DCA Jan. 30, 2023
People v. Bolanos
One Strike law for serious sex crime survived defendant's equal protection challenge because Legislature's concern for the higher recidivism rate of sex offenders was a rational basis for disparate treatment. 		Criminal Law and Procedure 5DCA Jan. 30, 2023
Starr v. Ashbrook
Allegations underlying claim of misused trust assets were not protected activities under anti-SLAPP statute because misusing trust assets is not in furtherance of a right of petition or free speech. 		Anti-SLAPP 4DCA/3 Jan. 30, 2023
Bitner v. Dept. of Corrections & Rehabilitation
The statutory immunity provided for public entities from liability for injuries caused by prisoners barred plaintiffs' claims brought under the Fair Employment and Housing Act. 		Immunity 4DCA/2 Jan. 30, 2023
National Labor Relations Board v. Aakash, Inc.
The President of the United States may remove the General Counsel of the National Labor Relations Board without cause. 		Labor Law 9th Jan. 30, 2023
U.S. v. Lopez
Order 		9th Jan. 30, 2023
In re T.R.
To deny reunification services under Welfare and Institutions Code Section 361.5(b)(6), a dependency judge must state, on the record, the specific bases for denial. 		Dependency 4DCA/2 Jan. 30, 2023
In re N.R.
Juvenile court did not err by returning one child to a parent but terminating parental rights to the other child because the other child posed greater parenting challenges. 		Dependency 2DCA/8 Jan. 30, 2023
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