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Cole v. Superior Court (Zeiner)
Since summary judgment motion was electronically filed and served 107 days or more before trial, it was timely and the moving parties were entitled to a hearing on the motion. 		Civil Procedure 4DCA/1 Jan. 3, 2023
Box v. Superior Court (People)
Challenges of racial bias in jury selection requires courts to separate prosecution's work product notes from information that could reveal racial bias. 		Criminal Law and Procedure 4DCA/1 Jan. 3, 2023
In re O'Connor
Defendant not entitled to release on bail as a matter of law because she was charged with qualifying felony offenses involving acts of violence on another person within the meaning of California Constitution, Article I, Section 12(b). 		Criminal Law and Procedure 6DCA Jan. 3, 2023
People v. Ross
Where it was uncertain whether trial court would have imposed same sentence had it known of Senate Bill 567's requirements, remand for resentencing was the proper course of action. 		Criminal Law and Procedure 1DCA/3 Dec. 30, 2022
LaBarbera v. Security National Insurance Company
Indemnitee of insured construction company was not a third-party beneficiary of insurance policy's indemnitee defense clause and was thus not entitled to recover expenses incurred in underlying personal injury suit against both parties. 		Insurance 3DCA Dec. 30, 2022
U.S. v. Anderson
Inventory search of truck parked illegally by driver without valid license on private property was not Fourth Amendment violation where vehicle was impounded for valid community caretaking purpose. 		Criminal Law and Procedure 9th Dec. 30, 2022
Dodge v. Evergreen School District #114
Triable issues existed as to teacher's First Amendment retaliation claim against school principal when she told him that he would need a union representative the next time she saw him wearing MAGA hat. 		Civil Rights 9th Dec. 30, 2022
People v. Tacardon
Defendant was not detained within the meaning of the Fourth Amendment because a reasonable person would view deputy's use of a spotlight as lacking in coercive force. 		Criminal Law and Procedure CASC Dec. 30, 2022
People v. Kelly
Trial court had no discretion to impose a lesser sentence because Penal Code Section 1170(b)(6) does not apply to sentences imposed pursuant to a negotiated disposition that includes an agreed-upon term of imprisonment. 		Criminal Law and Procedure 2DCA/6 Dec. 30, 2022
People v. Lipscomb
Trial court was not required to strike sentence enhancement that resulted in a sentence longer than 20 years where it found dismissal would endanger public safety. 		Criminal Law and Procedure 1DCA/2 Dec. 30, 2022
First American Title Insurance Co. v. Banerjee
Default judgment issued by trial court with personal and subject matter jurisdiction based upon complaint that did not state a cause of action against defendant-appellant was merely voidable, not void. 		Civil Procedure 6DCA Dec. 30, 2022
Doe v. Massage Envy Franchising, LLC
Plaintiff had not entered contract with franchisor when assent to contractual agreement was hidden in franchisee's General Consent electronic document. 		Arbitration 1DCA/2 Dec. 30, 2022
People v. White
A Franklin hearing is an evidence preservation process for the eventual determination of parole, not a process to reopen or reconsider a sentence, and thus does not render the judgment nonfinal and subject to Assembly Bill No. 518. 		Criminal Law and Procedure 3DCA Dec. 29, 2022
John's Grill v. Hartford Financial Services Group
Insurance policy's limited coverage for viruses was so broadly written as to make coverage for any virus illusory. 		Insurance 1DCA/4 Dec. 29, 2022
Arizona v. Mayorkas
Order 		USSC Dec. 29, 2022
U.S. v. Macapagal
Conviction for attempted enticement of child did not require defendant believed he was communicating directly with a minor where ample evidence showed his intent to obtain sex with a minor. 		Criminal Law and Procedure 9th Dec. 29, 2022
Jones v. Google LLC
Express preemption did not apply to children's claims because Congress intended to preempt inconsistent state laws, not state laws that are consistent with the Children's Online Privacy Protection Act's substantive requirements. 		Constitutional Law 9th Dec. 29, 2022
Another Planet Entertainment LLC v. Vigilant Insurance Company
Order 		9th Dec. 29, 2022
Parsons v. Estenson Logistics, LLC
Under Code of Civil Procedure Section 12a, Labor Code Section 204(d)'s wage payment time limits may be extended by weekends and holidays so that weekly-paid wages do not have to be paid within seven calendar days. 		Employment Law 3DCA Dec. 29, 2022
Wehsener v. Jernigan
California law applies to determine parentage when a person claims to be an heir of an intestate decedent who was domiciled in California when he died, even if the parent and child relationship was effectuated outside California. 		probate_and_trusts 4DCA/1 Dec. 29, 2022
California-American Water Co. v. Marina Coast Water Dist.
Trial court erred in granting summary adjudication based on waiver because whether there was a waiver was a triable issue of fact. 		Administrative Agencies 1DCA/2 Dec. 29, 2022
Jenkins v. Brandt-Hawley
Malicious prosecution claim was not subject to anti-SLAPP motion to strike where plaintiff demonstrated prior action lacked probable cause and was prosecuted with indifference, suggesting malice. 		Anti-SLAPP 1DCA/2 Dec. 29, 2022
Espinoza v. Warehouse Demo Services, Inc.
Employees working at a fixed site not owned or leased by the employer were not subject to outside salesperson exemption where the employer controlled employees' hours and working conditions. 		Employment Law 1DCA/5 Dec. 28, 2022
Bader v. Johnson & Johnson
Trial court did not abuse its discretion in permitting doctor to offer opinion that fibrous talc causes mesothelioma because the materials that plaintiff presented in support provided reasonable basis for the opinion at issue. 		Evidence 1DCA/4 Dec. 28, 2022
People v. Whitmill
Motion for mental health diversion was improperly denied because there was no substantial evidence that defendant was too dangerous to be treated in the community and commit a violent super strike. 		Criminal Law and Procedure 2DCA/8 Dec. 28, 2022
People v. Jones
Because *People v. Moore* was decided after resentencing, case must be remanded to allow for consideration of defendant's youth when determining reckless indifference standard based on statutory changes to felony murder. 		Criminal Law and Procedure 1DCA/5 Dec. 28, 2022
Chen v. Albany School District
Student's off-campus social media posts bore sufficient nexus to school to warrant the school district's use of its regulatory authority to discipline student by expelling him. 		Constitutional Law 9th Dec. 28, 2022
People v. Williams
Defendant's felony murder resentencing petition was denied because jury instructions and jury's true finding of special circumstance established that jury found he acted with requisite intent and conduct. 		Criminal Law and Procedure 1DCA/3 Dec. 28, 2022
Chui v. Chui
Minor wards may petition for removal of their guardian ad litem and once the minors reach adulthood the guardian's appointment should be terminated. 		probate_and_trusts 2DCA/1 Dec. 27, 2022
Natomas Unified School v. Sacramento County Bd.
District panel abused its discretion by failing to review all evidence of middle schooler's "continuing danger" in its decision to suspend student who brought a BB gun to school. 		Education 3DCA Dec. 27, 2022
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