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Name Category Published
Bax v. Doctors Medical Center of Modesto
Deaf individuals' disability discrimination claim failed when, under the totality of the circumstances, it was shown they were provided auxiliary aids that permitted effective communication. 		Disability Discrimination 9th Sep. 13, 2022
People v. Rowland
Affidavit was not deficient because magistrate could reasonably infer that citizen informant acted in accord with Microsoft's legal obligation to report apparent child pornography. 		Criminal Law and Procedure 6DCA Sep. 12, 2022
Cell-Crete Corp. v. Federal Ins. Co.
In action to enforce liability of surety on payment bond, prevailing party was entitled to attorney's fees even though all fees incurred by prevailing party were paid by third-party indemnifier. 		Civil Procedure 4DCA/2 Sep. 12, 2022
Golick v. State of California
Where officer shoots at suspect resulting in no injuries but then stops, and the suspect later kills his hostages, there is no actionable deadly force tort claim. 		Torts 1DCA/3 Sep. 12, 2022
Rodgers v. State Personnel Board
Due process was violated when the proposed penalty on the notice of adverse action was based on allegations that differed significantly from the administrative law judge's factual findings. 		Employment Law 4DCA/2 Sep. 12, 2022
Adame v. City of Surprise
Order 		9th Sep. 12, 2022
Garg v. Garg
Failure to file notice of appeal as soon as practicable after alleged failure during electronic transmission caused missed deadline meant defendant-appellants were not entitled to nunc pro tunc relief. 		Civil Procedure 4DCA/3 Sep. 9, 2022
In re Kenneth D.
Welfare department and juvenile court's failure to inquire as to possible native ancestry was not prejudicial where the grandmother unequivocally identified all native heritage as being of Mexican origin. 		Dependency 3DCA Sep. 9, 2022
County of San Joaquin v. Public Employment Relations Bd.
Public Employment Relations Board's new test providing a defense to interference with protected union activity does not treat employers who enter strike replacement contracts as having committed inherently destructive conduct. 		Labor Law 3DCA Sep. 9, 2022
Manlin v. Milner
Improper diversion of LLC funds to pay litigation expenses did not arise from a protected activity. 		Anti-SLAPP 2DCA/1 Sep. 9, 2022
Modification: People v. Calvary Chapel San Jose
Pandemic public health orders placing limitations on churches, but not secular businesses, did not survive the Free Exercise Clause's strict scrutiny review and therefore were unconstitutional. 		Constitutional Law 6DCA Sep. 9, 2022
MacIntyre v. Carroll College
Given the low evidentiary threshold required for a prima facie Title IX retaliation claim, employer's refusal to renew an employment contract was sufficient to meet plaintiff-appellant's burden. 		Employment Law 9th Sep. 9, 2022
Cody v. Kijakazi
Social Security applicant was entitled to an independent decision by a new administrative law judge since earlier denial of his disability benefits was made by an improperly appointed judge. 		Administrative Agencies 9th Sep. 9, 2022
Klamath Irrigation District v. Shasta View Irrigation District
Intervening tribes were required parties to the action because a declaration that U.S. Bureau of Reclamation's operating procedures concerning the distribution of waters were unlawful would imperil the tribes' reserved water rights. 		Civil Procedure 9th Sep. 9, 2022
Hernandez Avilez v. Garland
Noncitizens subject to mandatory detention under United States Code Section 1226(c) are not eligible for release on bond during the judicial phase of the proceedings. 		Immigration 9th Sep. 9, 2022
Yamashita v. LG Chem Ltd.
Order 		9th Sep. 9, 2022
Metlakatla Indian Community v. Dunleavy
While not expressly stating the Metlakatla Native American's right to fish in certain Alaskan waters, the 1891 Act establishing their reservation required inference of such a right. 		Native American Affairs 9th Sep. 9, 2022
Pacheco v. U.S.
Order 		9th Sep. 9, 2022
Jones v. Bonta
Order 		9th Sep. 8, 2022
Aguilar v. Walgreen
District court's order invalidating law firm's class action settlement opt-outs was amenable to review after final judgment, placing it outside of the third collateral order requirement, "effective unreviewability." 		Civil Procedure 9th Sep. 8, 2022
ZF Micro Solutions, Inc. v. TAT Capital Partners, Ltd.
Suit seeking only monetary damages was an action at law, not in equity, and therefore complainant was entitled to a jury trial. 		Civil Procedure 4DCA/3 Sep. 8, 2022
Apple Annie, LLC v. Oregon Mutual Ins. Co.
Restaurants' business interruption claim failed because mere loss of use of physical property to generate business income, without physical impact on the property, did not give rise to insurance coverage for direct physical loss. 		Insurance 1DCA/2 Sep. 7, 2022
Oswald v. Murray Plumbing & Heating Corp.
Construction worker validly waived his right to file a Private Attorneys General Act action as part of his collective bargaining agreement. 		Arbitration 2DCA/2 Sep. 7, 2022
Patsalis v. Shinn
Arizona Court of Appeals decision was entitled to deferential Anti-Terrorism and Effective Death Penalty Act review because petitioner's Eight Amendment claims were adjudicated on the merits. 		Constitutional Law 9th Sep. 7, 2022
Tingley v. Ferguson
Neither the First nor Fourteenth Amendments prohibited the state of Washington from stopping the practice of conversion therapy on minors by state-licensed healthcare providers. 		Civil Rights 9th Sep. 7, 2022
C.I. v. San Bernardino City Unified School Dist.
School district was not negligent in its duty to protect students from foreseeable injury because criminal attack on school grounds by teacher's estranged spouse was not foreseeable. 		Torts 4DCA/2 Sep. 7, 2022
People v. Nguyen
Under the Interstate Agreement on Detainers, dismissal was not available when Colorado warden took 14 weeks to notify prisoner of his right to demand final disposition of his pending California charges. 		Criminal Law and Procedure 6DCA Sep. 6, 2022
Arizona Alliance for Community Health Centers v. Arizona Health Care Cost Containment System
Categorical exclusion of adult chiropractic services from Arizona's state Medicaid program was a violation of the Medicaid Act. 		Health Care 9th Sep. 6, 2022
Hoyos v. Davis
Petitioner did not make a prima facie showing that prosecutor's peremptory strikes of Hispanic prospective jurors were racially discriminatory. 		Criminal Law and Procedure 9th Sep. 6, 2022
Myles v. U.S.
Claims that ICE agents lied under oath, fabricated evidence, and tampered with witnesses did not fall under discretionary function immunity because the alleged conduct had no legitimate policy justification. 		Immunity 9th Sep. 6, 2022
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