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Name Category Published
People v. Orosco
Denying defendant's request for self-representation at trial without evidence he suffered from a severe mental illness was a violation of his Sixth Amendment rights. 		Criminal Law and Procedure 4DCA/1 Aug. 18, 2022
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. 18, 2022
People v. Guillory
Not true finding on special circumstance allegation did not require automatic vacatur and resentencing pursuant to Penal Code Section 1172.6 where other viable grounds for murder conviction existed. 		Criminal Law and Procedure 1DCA/5 Aug. 18, 2022
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 Aug. 17, 2022
Maleti v. Wickers
Favorable termination element of malicious prosecution claim was satisfied where multiple claims were asserted in prior action against plaintiff, none were successful, and at least one was decided on the merits. 		Torts 6DCA Aug. 17, 2022
CV Amalgamated LLC v. City of Chula Vista
City failed to follow its ministerial duty to follow its own procedures set forth in cannabis ordinance when it rejected storefront license applications in phase one of the application process for failure to score high enough. 		Municipal Law 4DCA/1 Aug. 17, 2022
Demarest v. City of Vallejo
City's systematic addition of driver's license checks to an otherwise valid sobriety checkpoint was objectively reasonable under the Fourth Amendment. 		Civil Rights 9th Aug. 17, 2022
Cordero-Garcia v. Garland
For purposes of the Immigration Nationality Act, dissuading or attempting to dissuade witnesses from reporting crimes under California Penal Code Section 136.1(b)(1) is not an aggravated felony. 		Immigration 9th Aug. 16, 2022
Ballinas-Lucero v. Garland
Petitioner was not barred from cancellation of removal because the record showed that his convictions were vacated due to legal defects in his pleas, not solely for immigration purposes or for rehabilitative or equitable reasons. 		Immigration 9th Aug. 16, 2022
Guardianship of Saul H.
Parents' inability to protect child from substantial risk of gang violence was a sufficient basis to conclude reunification was nonviable for determining eligibility for special immigrant juvenile status. 		Immigration CASC Aug. 16, 2022
Coast Community College Dist. v. Commission on State Mandates
Regulations on community colleges did not entitle districts to reimbursement for compliance costs because noncompliance merely created the possibility that state funding would be reduced. 		Education CASC Aug. 16, 2022
Modification: People v. Beasley
Stated reasons for dismissing criminal defendant's three prior strike convictions did not reasonably and justifiably support the conclusion that defendant fell outside the spirit of the Three Strikes law. 		Criminal Law and Procedure 4DCA/3 Aug. 15, 2022
People v. The North River Insurance Company (Bad Boys Bail Bonds)
Criminal defendant who left United States under federal safeguard and faced reentry bar was temporarily disabled by reason of detention by civil authorities, so the surrender period was tolled. 		Criminal Law and Procedure 6DCA Aug. 15, 2022
In re S.H.
Reversal of an early dependency order is not warranted simply because a parent shows that ongoing inquiry obligations under the Indian Child Welfare Act have not yet been satisfied as of the time the parent appeals. 		Dependency 1DCA/1 Aug. 15, 2022
People v. Gregor
Sex offender's motion to withdraw his plea under Penal Code Section 1473.7 was denied since denial of his family visa due to his conviction was not an "adverse immigration consequence." 		Immigration 3DCA Aug. 15, 2022
Bennett v. U.S.
State's eight-year statute of repose was applicable substantive law of the place where the omission occurred under the Federal Tort Claims Act, leaving plaintiff with no cause of action. 		Torts 9th Aug. 12, 2022
Flower World v. Sacks
State mandates addressing public health crisis were not federally preempted because they were not related to occupational safety or health issues addressed by a properly promulgated federal standard. 		Employment Law 9th Aug. 12, 2022
Spletstoser v. Hyten
Government was not immune from suit because former colonel's alleged sexual assault by a former general was not incident to military service. 		Torts 9th Aug. 12, 2022
National Labor Relations Board v. Ampersand Publishing
National Labor Relations Board did not abuse its discretion by ordering an employer to reimburse a union for legal fees incurred during the contract bargaining process as a result of employer's unfair labor practices. 		Labor Law 9th Aug. 12, 2022
Planet Aid v. Reveal
Public charity and charity director were limited public figures subject to actual malice standard for defamation claim since they engaged in press and solicited public donations for the controversial charity. 		Torts 9th Aug. 12, 2022
U.S. v. Magdaleno
Special condition of supervised release that prevented high-ranking gang member from associating with gang-affiliated siblings was substantively reasonable because it did not qualify as an intimate relationship. 		Criminal Law and Procedure 9th Aug. 12, 2022
Zolly v. City of Oakland
Oakland had not shown on demurrer that its challenged franchise fees were exempt from voter approval requirements under Article XIII C of the California Constitution. 		Tax CASC Aug. 12, 2022
People v. Morelos
Defendant knowingly and voluntarily waived his right to a jury trial during the guilt and penalty phases after informing the trial court that he understood the waiver three separate times. 		Criminal Law and Procedure CASC Aug. 12, 2022
Sabra v. Maricopa County Community College District
Arizona community college teacher was entitled to qualified immunity since plaintiffs' Free Exercise claim was not clearly established at the time of the alleged Islamophobic quiz. 		Civil Rights 9th Aug. 11, 2022
Pierce v. Jacobsen
Banning out-of-state petition circulators from petition initiative process was an overly broad and unconstitutional regulation that imposed a severe restriction on a core form of political speech. 		Civil Rights 9th Aug. 11, 2022
Needham v. Superior Court (People)
The People may not retain a private psychological expert to testify in a trial to determine whether a party qualifies as a sexually violent predator. 		Criminal Law and Procedure 4DCA/3 Aug. 10, 2022
U.S. ex rel. Hartpence v. Kinetic Concepts
The compliance certification process for Medicare reimbursement of wound therapy pump devices was material under the False Claims Act because it was necessary for payment of a claim. 		Health Care 9th Aug. 10, 2022
Caremark v. Chickasaw Nation
Where Native American tribe and pharmacy provider's contract contained a delegation clause, the district court properly submitted threshold questions of arbitrability to the arbitrator. 		Arbitration 9th Aug. 10, 2022
Creditors Adjustment Bureau v. Imani
A stipulated judgment, which lessee agreed to accept to settle breach of lease agreement, was the exact amount of damages suffered, not a penalty or liquidated damage provision. 		Contracts 2DCA/6 Aug. 10, 2022
Dept. of Fair Housing and Employment v. Cisco Systems, Inc.
Department of Fair Employment and Housing can not be compelled to arbitrate an employment discrimination lawsuit merely because the affected employee agreed to arbitrate disputes with the employer. 		Arbitration 6DCA Aug. 9, 2022
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