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Taska v. The RealReal, Inc.
Corrected arbitrator's award seeking to award attorney fees and costs was ineffective because arbitrator exceeded her authority to correct an arbitration award after it was final. 		Arbitration 1DCA/5 Nov. 8, 2022
Amended Opinion: Jones v. Ryan
Defense counsel provided ineffective assistance by failing to secure defense mental expert given indications defendant likely suffered from some sort of mental illness. 		Criminal Law and Procedure 9th Nov. 8, 2022
The Travelers Indemnity Co. v. Lara
The doctrine of exclusive concurrent jurisdiction did not apply where both trial court and state agency had concurrent jurisdiction, but even if it had, there was no demonstrable prejudice. 		Administrative Agencies 2DCA/7 Nov. 7, 2022
Amiodarone Cases
Patients' claims were preempted by the federal Food, Drug, and Cosmetic Act because patients could not state an independent state-law claim for drug companies' alleged failure to warn of a drug's side effects. 		Torts 1DCA/2 Nov. 7, 2022
Shouse v. County of Riverside
The one-year limitations period under the Public Safety Officer's Bill of Rights is not triggered until the public agency determines that discipline may be taken. 		Government 4DCA/2 Nov. 7, 2022
Ray v. Los Angeles County Dept. of Public Social Services
Under the Fair Labor Standards Act, Los Angeles County is a joint employer of the In-Home Supportive Services program and therefore could be held liable for overtime compensation. 		Employment Law 9th Nov. 7, 2022
Wisner v. Dignity Health
Evidence was insufficient for a jury to conclude that medical board's National Practitioner Data Bank report was false because evidence established that the reported physician was under investigation at time of resignation. 		Health Care 3DCA Nov. 7, 2022
State Dept. of State Hospitals v. Superior Court (Jane Doe)
Overruling demurrer with leave to amend was error where plaintiff failed to demonstrate she could allege facts establishing an exception to public entity's immunity from liability for employees' tortious conduct. 		Immunity 1DCA/5 Nov. 4, 2022
Galvez v. Jaddou
Permanent injunction permitting tolling of deadlines for special immigrant juvenile petitioners must be tailored to meet statutory requirements. 		Immigration 9th Nov. 4, 2022
Mills v. Facility Solutions Group
Trial courts may decline to sever unconscionable provisions in an arbitration agreement when there are too many unconscionable provisions and would require essentially rewriting the agreement. 		Arbitration 2DCA/7 Nov. 3, 2022
GC Brothers Entertainment v. Alcoholic Beverage Control
A liquor licensee's motion to vacate a Department of Alcoholic Beverage Control decision following default should have been treated as a general denial to be supported by evidence of lack of notice later. 		Administrative Agencies 2DCA/1 Nov. 3, 2022
Morgan v. Ygrene Energy Fund, Inc.
Plaintiffs were required to exhaust administrative remedies before suing companies affiliated with Property Assessed Clean Energy loans since the assessments were considered a tax that required a verified written application. 		Administrative Agencies 4DCA/1 Nov. 3, 2022
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 Nov. 3, 2022
Modification: In re T.O.
Minor was not required to register as a sex offender because he was placed in the custody of a program that was not subject to mandatory registration. 		Juveniles 4DCA/2 Nov. 3, 2022
Green v. Miss United States of America LLC
Forcing a beauty pageant to accept a transgender female as a participant would fundamentally alter the pageant's expressive message in direct violation of the First Amendment's protection against compelled speech. 		Constitutional Law 9th Nov. 3, 2022
Modification: Villareal v. LAD-T, LLC
Defendants' extreme delay in filing a fictitious business name to try to enforce arbitration agreement with former employee may have constituted a waiver of the right to arbitrate. 		Arbitration 2DCA/7 Nov. 3, 2022
Modification: Shapell Socal Rental Properties v. Chico's FAS
In an unlawful detainer action, plaintiff's counsel breached its ethical and statutory obligation to advise opposing counsel of the intent to seek entry of a default judgment. 		Civil Procedure 4DCA/3 Nov. 2, 2022
Ruelas v. County of Alameda
Order 		9th Nov. 2, 2022
Amended Opinion: Save the Bull Trout v. Williams
Environmentalist plaintiffs' claims were precluded because claim preclusion barred subsequent filings of claims that were subject to a denial of leave to amend. 		Civil Procedure 9th Nov. 2, 2022
Hernandez v. Garland
An immigration judge may use a probable-cause declaration in Form I-213, Record of Deportable/Inadmissible Alien, to determine whether a crime was serious to bar an applicant's request for asylum. 		Immigration 9th Nov. 1, 2022
U.S. v. Richards
Court's imposition of term of imprisonment, without a jury finding that defendant violated a condition of supervised release prohibiting the defendant from possessing a firearm, did not violate defendant's constitutional rights. 		Criminal Law and Procedure 9th Nov. 1, 2022
Davis v. Shiekh Shoes, LLC
Employer waived its right to invoke arbitration of its employee's claims by participating in the lawsuit for seventeen months without moving to compel arbitration. 		Arbitration 1DCA/2 Nov. 1, 2022
People v. Machado
The trial court was not bound by the parties' stipulation that defendant was eligible to have his conviction vacated and was entitled to resentencing relief. 		Criminal Law and Procedure 2DCA/1 Nov. 1, 2022
In re Oscar H.
Department of Children and Family Services prejudicially erred by not inquiring of father or of extended family members about potential Indian ancestry before terminating parental rights. 		Dependency 2DCA/8 Oct. 31, 2022
GCIU-Employer Retirement Fund v. MNG Enterprises
Under the Multiemployer Pension Plan Amendments Act, employers withdrawing from an ERISA plan are to be imposed a withdrawal liability rate accurately tailored to the plan's expected rate of growth. 		Employment Law 9th Oct. 31, 2022
City of Reno v. Netflix Inc.
City's action against video streaming providers for alleged failure to pay franchise fees failed under Nevada's Video Service Law because statute did not confer a right of action on the city. 		Cyber Law 9th Oct. 31, 2022
People v. Vargas
Defendant who told the actual killer to shoot was still liable for murder as an aider and abettor even after changes to the felony murder rule. 		Criminal Law and Procedure 2DCA/2 Oct. 31, 2022
G.I. Industries v. City of Thousand Oaks
Plaintiff was entitled to judicial declaration that CEQA-exemption determination was void where City failed to give proper 72-hour notice via inclusion as an item of business on posted meeting agenda. 		Government 2DCA/6 Oct. 28, 2022
Modification: Adoption of M.R.
Trial court erroneously failed to make Indian Child Welfare Act findings prior to freeing child from father's custody and control under Probate Code Section 1516.5 and Family Code Section 7822. 		Family Law 3DCA Oct. 28, 2022
Dhital v. Nissan North America, Inc.
Plaintiffs' fraudulent inducement claim regarding their new Nissan was not barred by the economic loss rule because their allegations of presale fraudulent inducement were independent of the subsequent contract. 		Torts 1DCA/4 Oct. 28, 2022
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