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Name Category Published
Kemp v. Superior Court
Consumer's state law claim for investigative agency's violation of prohibition against reporting a conviction that predates a report by more than seven years was not expressly preempted by federal law. 		Consumer Law 4DCA/3 Dec. 27, 2022
Williams v. West Coast Hospitals, Inc.
Under Code of Civil Procedure Sections 1281.97 and 1281.98, consumers may unilaterally withdraw from arbitration when the drafting party fails to pay contractually required arbitration fees. 		Arbitration 6DCA Dec. 27, 2022
Casey N. v. County of Orange
Substantial evidence supported the jury's finding that statements made in social workers' reports, alleging mother was coaching daughter to claim sexual abuse by father, were deliberately false or reckless. 		Civil Rights 4DCA/3 Dec. 27, 2022
Doe v. Finke
Plaintiff's equal protection challenge to law excluding registered sex offenders from serving on juries was denied because the law was reasonably related to promoting legitimate goal of assuring impartial juries. 		Constitutional Law 1DCA/2 Dec. 23, 2022
Featherstone v. Martinez
Sanctions against party were improper when based on the litigation positions of the party rather than conduct that frustrated the policy of the law to promote settlement. 		Family Law 2DCA/5 Dec. 23, 2022
People v. Kocontes
Trial court's allowance of evidence as to the reasons for divorce involving "inappropriate relationship with female" was prejudicial and irrelevant as it provided no probative value for supporting motive. 		Evidence 4DCA/3 Dec. 23, 2022
U.S. v. Linehan
Transportation of an explosive constituted a "crime of violence" under Penal Code Section 373(a) because it criminalized knowingly taking a substantial step toward using force capable of causing injury. 		Criminal Law and Procedure 9th Dec. 23, 2022
In re M.G.
Welfare and Institutions Code Section 5276 required mental disorder detention evidentiary hearing to be held within two days regardless of good cause for continuance. 		Juveniles 6DCA Dec. 23, 2022
Victor Valley Union High School Dist. v. Superior Court (John Doe)
Record did not support trial court's ruling that, at the time the video that captured student's alleged sexual assault was erased, school district was on notice that litigation about the alleged sexual assault was reasonably foreseeable. 		Civil Procedure 4DCA/2 Dec. 23, 2022
In re S.V.
Amending dependency petition that contained no allegations against non-party mother to conform to proof that she had emotionally abused minor child violated the mother's right to due process. 		Dependency 1DCA/5 Dec. 23, 2022
Center for Food Safety v. Regan
Where vacatur might cause more environmental harm, remand was appropriate for the Environmental Protection Agency to address and complete environmental law requirements. 		Environmental Law 9th Dec. 22, 2022
Pino v. Cardone Capital LLC
Dismissal of plaintiff's putative class action complaint was error because mass communication via social media posts seeking investors was still a solicitation covered by the Securities Act of 1933. 		Securities 9th Dec. 22, 2022
U.S. v. Fisher
Brothers charged with sexual offenses against children failed to present any misstatements or omissions made in the lead detective's affidavit for a warrant that would impermissibly taint the evidence obtained. 		Criminal Law and Procedure 9th Dec. 22, 2022
City of Rocklin v. Legacy Family Adventures
Anti-SLAPP motion to strike was properly denied because the motion, asserting that a theme park was an artistic work intended to be excepted from the commercial speech exemption, was devoid of merit. 		Anti-SLAPP 3DCA Dec. 22, 2022
Brickman v. Meta Platforms Inc.
There was no violation of the Telephone Consumer Protection Act where autodialer did not generate the telephone numbers that were dialed. 		Consumer Law 9th Dec. 22, 2022
People v. Carter
Trial court had discretion to deny defendant's Marsden motion as an impermissible attempt to manufacture a conflict of interest. 		Criminal Law and Procedure 3DCA Dec. 22, 2022
Bishop v. The Bishop's School
Because termination letter was for private purposes only, not contributing to public discourse, it was not protected free speech activity under anti-SLAPP provisions. 		Anti-SLAPP 4DCA/1 Dec. 22, 2022
In re Chunn
Legislation giving Department of State Hospitals sole discretion to conduct reevaluations of incompetent to stand trial defendants overrode trial court order that department evaluate defendants within 72 hours of commitment order. 		Criminal Law and Procedure 1DCA/1 Dec. 21, 2022
Whitlach v. Premier Valley, Inc.
As specifically referenced in Labor Code Section 2778(b)(1), Business and Professions Code Section 10032's test for determining real estate agent's employee or independent contractor status applied to wage and hour provisions. 		Employment Law 5DCA Dec. 21, 2022
U.S. v. Barai
Refusal to give specific unanimity jury instruction was not error where jury only needed to agree unanimously that defendants used any one of four prohibited means in committing the offense. 		Criminal Law and Procedure 9th Dec. 21, 2022
Amended Opinion: Owino v. CoreCivic
Detainees in private immigration detention center could certify their classes for a class action since there was a common question about the prison's policies that predominated individual detainees' claims. 		Civil Procedure 9th Dec. 21, 2022
D.R. v. Redondo Beach Unified School District
Proposed fifth-grade individualized education program failed to offer autistic student a free appropriate public education in the least restrictive environment, as required under the Individuals with Disabilities Education Act. 		Education 9th Dec. 21, 2022
290 Division (EAT), LLC v. City and County of San Francisco
Because leaseback to the city was not an enforceable restriction under Revenue and Tax Code Section 402.1, property was properly assessed at fair market value without leaseback discount. 		Tax 1DCA/2 Dec. 20, 2022
Amber G. v. Superior Court (Orange County Social Services Agency)
Orange County Social Services Agency failed to show that minor's removal from a foster parent was in the child's best interest since it failed to address the statutory caretaker preference. 		Juveniles 4DCA/3 Dec. 20, 2022
Blaser v. California State Teachers' Retirement System
Trial court erred in applying equitable estoppel because doing so required California State Teachers' Retirement System to continue to miscalculate retired teachers' monthly pension benefits in contravention of the Education Code. 		Education 6DCA Dec. 20, 2022
Hayday Farms v. Feedx Holdings Inc.
Vacating arbitration award was improper because, although not based on the best interpretation of the parties' agreements, it was not irrational and did not exhibit a manifest disregard of law. 		Arbitration 9th Dec. 20, 2022
People v. Delgadillo
*People v. Wende* procedures did not apply to defendant's appeal from a denial of postconviction relief since there is no constitutional right to effective assistance of counsel at that stage of postconviction proceedings. 		Civil Procedure CASC Dec. 20, 2022
San Diego Police Department v. Geoffrey S.
A trial court may consider hearsay evidence when ruling on a gun violence restraining order petition. 		Criminal Law and Procedure 4DCA/1 Dec. 20, 2022
Allen v. San Diego Convention Center Corp., Inc.
Class certification order was appealable when the order left the case without claims. 		Civil Procedure 4DCA/1 Dec. 20, 2022
Farnum v. Iris Biotechnologies Inc.
Trial court refusing to award shareholder reasonable expenses incurred in action to enforce inspection rights was not an abuse of discretion because the corporation's refusal was not without justification. 		Corporations 6DCA Dec. 20, 2022
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