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Name Category Published
U.S. v. Amintobia
Naturalization seeker's conviction for lying under oath was warranted where government presented sufficient evidence that naturalization application contained material misrepresentations. 		Immigration 9th Jan. 12, 2023
U.S. v. Munoz
Federal sentence enhancement for offense involving three or more firearms was appropriate where defendant's possession of a polymer kit gun was violation of state law. 		Criminal Law and Procedure 9th Jan. 12, 2023
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 Jan. 11, 2023
Grosz v. California Dept. of Tax & Fee Administration
Taxpayer lacked standing to bring action against Department of Tax Fee Administration since determination of whether Amazon was a "retailer" for products sold through its third-party merchant program was discretionary. 		Administrative Agencies 2DCA/1 Jan. 11, 2023
Johnson v. Walmart, Inc.
Because Walmart's online Terms of Use arbitration agreement was separate from consumer's in-store purchase of service agreement, arbitration agreement was unenforceable. 		Arbitration 9th Jan. 11, 2023
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 Jan. 10, 2023
Dominguez v. Bonta
Plaintiffs lacked standing because the alleged injuries suffered as a result of the challenged laws affecting legal fees for professional negligence claims were too speculative and hypothetical. 		Constitutional Law 5DCA Jan. 10, 2023
County of Santa Clara v. Superior Court (AT&T Mobility)
Higher property tax rates assessed on utilities were not violations of Article XIII, Section 19 of the California Constitution. 		Constitutional Law 6DCA Jan. 10, 2023
People v. Superior Court (Cheek)
Sexually violent predator convicted of minor abuse was not allowed conditional release near a four-student private school created after the community received notice of the predator's release. 		Civil Procedure 6DCA Jan. 10, 2023
Desert Regional Medical Center, Inc. v. Miller
Because employer continued on the path of litigation, delaying filing to compel arbitration for over four years, it waived any right to arbitrate individual employee claims. 		Arbitration 4DCA/2 Jan. 10, 2023
Shusha, Inc. v. Century-National Insurance Co.
Sustaining demurrer was not appropriate where complaint alleged that the COVID-19 virus adhered to and physically changed surfaces in insured's restaurant into fomities. 		Insurance 2DCA/7 Jan. 9, 2023
Modification: People v. Walker
Under Senate Bill Number 81, there is a presumption but not an obligation in favor of dismissal of sentencing enhancements when there are mitigating circumstances present. 		Criminal Law and Procedure 2DCA/2 Jan. 9, 2023
White v. Davis
Daughter's application for an elder abuse restraining order against her father's second wife and step-daughter survived an anti-SLAPP challenge because defendants' attempts to control the father were not protected activities. 		Anti-SLAPP 4DCA/2 Jan. 9, 2023
U.S. v. Mongol Nation
Under the Racketeer Influenced and Corrupt Organizations Act, any forfeitable property vests in the government even if the government explicitly states otherwise in its preliminary order of forfeiture. 		Criminal Law and Procedure 9th Jan. 9, 2023
McGovern v. BHC Fremont Hospital, Inc.
Medical negligence claims of plaintiff who sustained injuries at a hospital were not time-barred because her initial letter to preserve evidence did not constitute notice of intent to commence action. 		Torts 1DCA/1 Jan. 6, 2023
Lathus v. City of Huntington Beach
The First Amendment does not protect a volunteer member of a municipal advisory board from dismissal by the city councilperson who appointed her and who is authorized under a city ordinance to remove her. 		Constitutional Law 9th Jan. 6, 2023
In re D.B.
Department failed in its duty to inquire when it did not question paternal grandmothers, who were both available for answers, as to the minor's possible Native American ancestry. 		Dependency 4DCA/2 Jan. 6, 2023
Lemm v. Ecolab
Employer's overtime compensation payments on employee's bonus satisfied both federal and state employment law because it comported with the incentive compensation plan in the employment contract. 		Employment Law 2DCA/5 Jan. 5, 2023
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 Jan. 5, 2023
Cordoba Corp. v. City of Industry
Trial court properly granted anti-SLAPP motion where the gravamen of dispute arose from a lawsuit, a protected activity under the anti-SLAPP statute. 		Anti-SLAPP 2DCA/8 Jan. 5, 2023
Vaughn v. Tesla, Inc.
Denial in part of motion to compel arbitration of workplace discrimination claims was proper because the arbitration provision only encompassed claims based on conduct following the commencement of direct, contractual employment. 		Arbitration 1DCA/5 Jan. 5, 2023
U.S. v. Knight
Allowing juror to participate remotely for two days via Zoom was not a structural error. 		Criminal Law and Procedure 9th Jan. 5, 2023
Freedom Foundation v. Superior Court (Department of Human Resources)
Records regarding labor units and state employees were exempt from disclosure and not reasonably segregable because the requested information would reveal research and evaluations conducted pursuant to the Dills Act. 		Public Records Act 2DCA/3 Jan. 4, 2023
Sauk-Suiattle Indian Tribe v. City of Seattle
District court properly declined the Sauk-Suiattle Indian Tribe's motion to remand to state court since the Tribe's complaint alleging Supremacy Clause and Congressional Acts violations raised substantial federal questions. 		Civil Procedure 9th Jan. 4, 2023
SoCal Recovery LLC v. City of Costa Mesa
Proof of "actual disability" under the Fair Housing Act may be demonstrated on a collective rather than individual basis. 		Disability Discrimination 9th Jan. 4, 2023
Crespin v. Ryan
Order 		9th Jan. 4, 2023
People v. Guiffreda
Evidence was insufficient to support finding beyond a reasonable doubt that defendant acted with the reckless indifference to human life requisite to support felony murder conviction. 		Criminal Law and Procedure 4DCA/1 Jan. 4, 2023
Smith v. Agdeppa
Summary judgment based on qualified immunity was not proper where there was evidence in the record that contradicted the officer's description of events surrounding his use of deadly force. 		Qualified Immunity 9th Jan. 3, 2023
Reichert v. Rapid Investments Inc.
Motion to compel arbitration was properly denied because plaintiff, who received cash in the form of the prepaid debit card upon release from jail, did not accept the cardmember agreement and the arbitration clause it contained. 		Arbitration 9th Jan. 3, 2023
Perez-Portillo v. Garland
In absentia order was rescinded where Board of Immigration Appeals relied solely on doctrine of constructive notice without considering alien's evidence supporting her claim that she did not receive the notice. 		Immigration 9th Jan. 3, 2023
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