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Name Category Published
People v. Tran
Amendments made to the gang enhancement law by Assembly Bill 333 require striking the jury's true finding of the gang enhancement, but not reversal of the guilty verdict or death sentence. 		Criminal Law and Procedure CASC Aug. 30, 2022
Hale v. California Public Employees' Retirement System
Former firefighters' holiday leave cash-outs were special compensation and must be included in calculating their pensions. 		Employment Law 1DCA/3 Aug. 30, 2022
Crane v. R. R. Crane Investment Corp., Inc.
Plaintiff was not entitled to prejudgment interest under Civil Code Section 3287 because a buyout of shares under Corporations Code 2000 does not qualify as a recovery of damages. 		Corporations 2DCA/7 Aug. 30, 2022
Musgrove v. Silver
Employer was not vicariously liable for employee's after-hours activities that resulted in death of another employee. 		Employment Law 2DCA/2 Aug. 29, 2022
Hirschfield v. Cohen
Newly constructed single-family dwelling replacing previously rent-controlled unit was subject to rent control because the Ellis Act's recontrol provision was intended to be an exception to the Costa-Hawkins Act's decontrol provisions. 		Real Property 2DCA/7 Aug. 29, 2022
Modification: In re J.R.
Father had standing to maintain an appeal where welfare department failed to afford mother with constitutionally adequate notice of proceedings to terminate her parental rights in contravention of her due process rights. 		Dependency 2DCA/1 Aug. 29, 2022
Siri v. Sutter Home Winery
Plaintiff's conditional acceptance of her employer's Section 998 offer did not create a binding enforceable settlement because the acceptance was not absolute and unqualified. 		Civil Procedure 1DCA/4 Aug. 29, 2022
In re Ricky R.
Welfare department prejudicially erred by failing to discharge its duty of initial inquiry pursuant to the Indian Child Welfare Act when it failed to ask extended family members whether the children had Indian ancestry. 		Dependency 4DCA/2 Aug. 29, 2022
Cohen v. Apple
Federal Communications Commission regulations that set the upper limits on the levels of permitted RF radiation from cell phones preempted state laws that imposed liability premised on unsafe levels of radiation. 		Consumer Law 9th Aug. 29, 2022
Manuel v. Superior Court (Brightview Landscape Services)
Motion to compel further responses to discovery inquiring into former employee's immigration status was improperly granted because immigration status was irrelevant to employer's alleged liability for wrongful termination. 		Employment Law 6DCA Aug. 29, 2022
Bowden v. Superior Court (People)
Assembly Bill 1950 limited plaintiff's original five-year probation to only two years because the Penal Code section for vehicular manslaughter while intoxicated did not contain a specific probation length. 		Criminal Law and Procedure 1DCA/3 Aug. 29, 2022
Frym v. 601 Main Street LLC
Trial court improperly denied attorney's fees on prevailing anti-SLAPP motions by reasoning that the separate motions could have been brought as one consolidated motion. 		Anti-SLAPP 1DCA/5 Aug. 26, 2022
Modification: Chen v. Valstock Ventures, LLC
Civil Code Section 1717 does not allow for interim awards of attorneys' fees. 		Civil Procedure 1DCA/4 Aug. 26, 2022
Wolf v. Life Insurance Co. of North America
Insurance company forfeited argument of which standard and test to apply in defining the term "accident" when it first tried to raise the argument on appeal. 		Civil Procedure 9th Aug. 26, 2022
U.S. v. Anderson
Private security officer providing security at government building was assisting federal officials with their official duties and was covered under statute that prohibited threatening federal officials and employees. 		Criminal Law and Procedure 9th Aug. 26, 2022
U.S. ex rel Silbersher v. Allergan
An ex parte patent prosecution qualifies as a Federal hearing under the public disclosure bar to the False Claims Act. 		Patent Law 9th Aug. 26, 2022
People v. Renteria
Application of gang enhancement required substantial evidence that defendant, acting on his own, specifically intended his actions to promote his gang's criminal activities. 		Criminal Law and Procedure CASC Aug. 26, 2022
People v. Ramirez
Denial of defendant's motions to change venue was proper because media coverage and victim's popularity in the community did not raise a reasonable likelihood that impartial jurors could not be impaneled. 		Criminal Law and Procedure CASC Aug. 26, 2022
People v. Aguayo
Since assault with a deadly weapon and assault likely to cause great bodily injury are different statements of the same offense, defendant could not be convicted of both offenses for one course of conduct. 		Criminal Law and Procedure CASC Aug. 26, 2022
Modification: County of Butte v. Dept. of Water Resources
Federal Power Act did not preempt state water agency from exercising authority over its own license application to operate state's water facilities. 		Government CASC Aug. 26, 2022
In re E.L.
Additional evidence regarding the applicability of the Indian Child Welfare Act may be admitted by reviewing courts to expedite proceedings and consequently, the children's adoption. 		Dependency 2DCA/6 Aug. 25, 2022
Martinez v. Newsom
California special needs students and their parents could not bring an Individuals with Disabilities Education Act claim against California school districts since they failed to exhaust all administrative processes. 		Disability Discrimination 9th Aug. 25, 2022
P and P Imports v. Johnson Enterprises
In the context of trade dress, showing secondary meaning only requires that the public associates the features as coming from a single source or company, even if they cannot identify the source. 		Intellectual Property 9th Aug. 25, 2022
Modification: Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
Vineyard giving a nonoperational pizza oven to a grocery store for a promotional display did not constitute furnishing a "thing of value" in violation of the Business and Professions Code. 		Commercial Law 3DCA Aug. 25, 2022
West Coast University, Inc. v. Board of Registered Nursing
A significant increase in annual student enrollment in nursing schools constitutes a substantive change requiring Board of Registered Nursing authorization. 		Education 3DCA Aug. 25, 2022
King v. Pacific Gas & Electric Co.
Surviving spouse was entitled to intervene in wrongful death action filed by a personal representative, decedent's former spouse, so long as surviving spouse met statutory requirements for mandatory intervention. 		Civil Procedure 1DCA/3 Aug. 24, 2022
Cameron v. Las Orchidias Properties, LLC
"Property" as used in the Elder Abuse Act included a displaced tenant's right to re-rent under the Los Angeles Municipal Code and the Ellis Act. 		Torts 2DCA/5 Aug. 24, 2022
Paredes v. Credit Consulting Services, Inc.
Plaintiff could show a probability of prevailing on the merits since the filing of the underlying lawsuit tolled the one-year statute of limitations for her permissive cross-complaint. 		Civil Procedure 6DCA Aug. 24, 2022
U.S. v. Jaimez
Defendant's money laundering conspiracy conviction was upheld because there was extensive evidence that foot soldiers like him were involved in and understood the gang's money laundering operation. 		Criminal Law and Procedure 9th Aug. 24, 2022
In re Dominick D.
Indian Child Welfare Act duty to conduct initial inquiry was not complete where welfare department failed to ask all relevant parties whether the child may have Native American ancestry. 		Dependency 4DCA/2 Aug. 24, 2022
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