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Name Category Published
Waln v. Dysart School District
Plaintiff alleged sufficient facts to assert that school district selectively enforced policy to permit students to wear secular messages on their graduation caps while forbidding students to wear religious messages on their caps. 		Constitutional Law 9th Dec. 12, 2022
Kleiser v. Chavez
The private search exception to the Fourth Amendment's warrant requirement is not foreclosed simply because cell site location information is involved. 		Civil Rights 9th Dec. 12, 2022
People v. Carabajal
Trial court did not abuse discretion in denying a new trial when substantial evidence supported court's finding of no actual juror bias. 		Criminal Law and Procedure 1DCA/3 Dec. 9, 2022
Flaa v. Hollywood Foreign Press Association
Journalists who were denied membership in press association did not establish per se restraint of trade under Sherman Act because association had not cut off access to an essential competitive resource or possessed market power. 		Antitrust 9th Dec. 9, 2022
Diaz-Rodriguez v. Garland
Adopting Board of Immigration Appeal's interpretation of statutory meaning of child abuse for categorical approach was appropriate where all normal tools of statutory interpretation failed to produce an unambiguous meaning. 		Immigration 9th Dec. 9, 2022
Gearing v. City of Half Moon Bay
Because the actions involved different injuries, property owners' federal case arguing regulatory taking was properly abstained pending resolution of city's eminent domain action in state court. 		Constitutional Law 9th Dec. 9, 2022
Saint Ignatius Neighborhood Assn. v. City and County of San Francisco
High school's project to install 90-foot lights in its stadium was not categorically exempt from California Environmental Quality Act review. 		Environmental Law 1DCA/4 Dec. 8, 2022
People v. DeMontoya
Defendant's new motion to withdraw her plea was properly denied on collateral estoppel grounds because the court had already considered the 2018 amendment to the withdrawal statute. 		Criminal Law and Procedure 4DCA/1 Dec. 8, 2022
Salmon v. Salmon
Statutory prohibition against issuing mutual restraining orders absent detailed findings of fact governed where granting two competing petitions seeking restraining orders would accomplish the same result. 		Family Law 4DCA/2 Dec. 8, 2022
People v. Lewis
Penal Code Section 12022.53(j) prevented the court from substituting defendant's Section 12022.53 gun sentencing enhancement for a more lenient Section 12022.5(a) gun enhancement. 		Criminal Law and Procedure 5DCA Dec. 8, 2022
Tufeld Corp. v. Beverly Hills Gateway, L.P.
Part of a commercial lease exceeding 99 years was void, rather than voidable, even though it was malum prohibitum and not malum in se because it contravened public policy goals. 		Real Property 2DCA/5 Dec. 8, 2022
People v. Henley
Trial court prejudicially erred in finding that defendant personally used a firearm during the robbery, in contradiction to the not-true finding of the jury, and thus improperly denied defendant's petition for resentencing. 		Criminal Law and Procedure 4DCA/1 Dec. 7, 2022
Prager University v. Google LLC
Suit asserting various state law claims against Youtube for exercising publisher's traditional editorial functions was precluded by the plain language of the Communications Decency Act. 		Cyber Law 6DCA Dec. 7, 2022
Modification: Atlantic Richfield Co. v. California Regional Water Quality
Substantial evidence supported the conclusion that a parent company exercised eccentric control over mining operations and thus was directly liable for pollution as an operator of a polluting facility owned by a subsidiary. 		Environmental Law 3DCA Dec. 7, 2022
Lewis v. Simplified Labor Staffing Solutions, Inc.
California's State-must-consent rule barring predispute agreements to arbitrate non-individual Private Attorneys General Act claims was overturned by the Supreme Court's ruling in *Viking River*. 		Arbitration 2DCA/8 Dec. 7, 2022
Dreamstime.com LLC v. Google LLC
Online image supplier's antitrust claim against Google failed after it repeatedly affirmed, as the relevant antitrust market, only the advertising market and not the search market. 		Antitrust 9th Dec. 7, 2022
Save Our Capitol v. Dept. of General Services
Changes made to the exterior design of a historic building in the project's final environmental impact report rendered the project description unstable in violation of the California Environmental Quality Act. 		Environmental Law 3DCA Dec. 7, 2022
People v. E.M.
The trial court erred by denying recall on the sole ground that Senate Bill 1393 did not apply retroactively to defendant's case because it was final on appeal. 		Criminal Law and Procedure 6DCA Dec. 7, 2022
Claypool v. Superior Court (People)
Reasonable search of vehicle where parolee sat in back seat did not include locked glove compartment. 		Criminal Law and Procedure 3DCA Dec. 7, 2022
People v. Baudoin
Economic loss incurred by victim in relocating to get away from defendant must be verified as necessary to be included in an order of restitution. 		Criminal Law and Procedure 2DCA/1 Dec. 7, 2022
People v. Velez
Supreme Court's finding New York's gun carrying licensing statutes unconstitutional did not foreclose California defendant's retrial on a charge of carrying a loaded firearm in public as an active participant in a criminal street gang. 		Criminal Law and Procedure 5DCA Dec. 6, 2022
U.S. v. Reiche
Defendant was reckless to ignore the risks associated with suddenly throwing the brakes on a moving train that would have been obvious to a reasonable person. 		Criminal Law and Procedure 9th Dec. 6, 2022
Hooks v. Nexstar Broadcasting
In issuing a preliminary injunction, a district court should not presume a likelihood of irreparable harm due to having found a likelihood of success. 		Civil Procedure 9th Dec. 6, 2022
People v. Ramirez
Criminal defendant waived his constitutional right to be present at his trial because there was substantial evidence that he voluntarily absented by overdosing on drugs the day of his trial. 		Criminal Law and Procedure CASC Dec. 6, 2022
Pacific Fertility Cases
Equitable estoppel did not apply to widen arbitration agreement's reach to include the manufacturer and distributor of failed storage tank who were not parties to the arbitration agreement. 		Arbitration 1DCA/1 Dec. 5, 2022
Beasley v. Tootsie Roll Industries, Inc.
Candy company's alleged use of partially hydrogenated oils in its products between 2010 and 2016 did not violate the Federal Food, Drug, and Cosmetic Act's prohibition on adulterated food. 		Consumer Law 1DCA/4 Dec. 5, 2022
Modification: In re Foster
Parole board's summary denial of prisoner's request to subpoena witnesses at parole rescission hearing was a violation of the prisoner's due process rights. 		Criminal Law and Procedure 1DCA/2 Dec. 5, 2022
Amended Opinion: Perez-Camacho v. Garland
The Bureau of Immigration Appeals did not abuse its discretion in concluding that equitable tolling was not available when alien failed to explain why he waited 21 years to seek to reopen his case. 		Immigration 9th Dec. 5, 2022
Amended Opinion: Bravo-Bravo v. Garland
The Board of Immigration appeals lacked any jurisdiction to reopen a reinstated prior order of removal when alien had illegally reentered the country. 		Immigration 9th Dec. 5, 2022
People v. Avalos
Suspect's Miranda waiver was involuntary and required reversal where detective encouraged suspect to continue speaking to police after requesting counsel by saying she cared about getting his story out right. 		Criminal Law and Procedure 4DCA/3 Dec. 5, 2022
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