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People v. Flint
When the jury finds "not true" that a felony-murder special circumstance applied to the murder, that is considered a finding which requires the court to grant a petition for resentencing unless an exception applies. 		Criminal Law and Procedure 2DCA/1 Feb. 28, 2022
In re S.S.
A failure to inquire with a child's grandmother regarding Native American ancestry was a harmless error because the grandmother was involved in the proceedings and likely would have presented any evidence of such ancestry herself. 		Juveniles 2DCA/1 Feb. 28, 2022
In re Darian R.
While Department of Children and Family Services's failure to interview extended family members about their Native American ancestry was an error, the error was not prejudicial when the record shows no prejudice from that failure. 		Juveniles 2DCA/1 Feb. 28, 2022
Balistreri v. Balistreri
Under Probate Code Section 15402, when a trust specifies a method of amendment, that method must be followed for the amendment to be effective. 		probate_and_trusts 1DCA/3 Feb. 28, 2022
Morgan v. U.S. Soccer Federation
Order 		9th Feb. 28, 2022
Ratha v. Phatthana Seafood
Cambodian villagers failed to establish that their claims against a Thai company was a valid extraterritorial application of the Trafficking Victims Protection Reauthorization Act. 		Civil Procedure 9th Feb. 28, 2022
Unicolors, Inc. v. H&M Hennes & Mauritz, L.P.
Lack of either factual or legal knowledge can excuse inaccuracy in a copyright registration under the Copyright Act's safe harbor provision. 		Copyright USSC Feb. 25, 2022
Lopez v. Ledesma
Physician assistants who practice under a licensed physician but receive minimal or no supervision may still fall under the Medical Injury Compensation Reform Act's noneconomic damages cap. 		Torts CASC Feb. 25, 2022
People v. Hall
Changes to the gang-enhancement statute merited reversal of conviction because it was not conclusive that the jury instructions were harmless beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Feb. 24, 2022
Modification: People v. Sek
Amended gang enhancement statute required that defendant's gang enhancements be stricken when it was unclear whether the jury relied on reputational benefit to street gang in rendering its finding. 		Criminal Law and Procedure 2DCA/1 Feb. 24, 2022
B.R. v. Garland
Immigration judges have authority to allow the Department of Homeland Security to cure improper service of a Notice to Appear without requiring termination of proceedings. 		Immigration 9th Feb. 24, 2022
Elosu v. Middlefork Ranch
A trial court improperly excluded fire investigator's expert testimony when it assumed a factfinding role by concluding that the expert's report was speculative, uncertain, and unsupported by the evidence. 		Evidence 9th Feb. 24, 2022
Dow v. Lassen Irrigation Company
A watermaster appointed to supervise a water rights decree did not have standing to appeal the trial court's interpretation of the decree, as there was no injury to the watermaster. 		Civil Procedure 3DCA Feb. 24, 2022
Modification: Kirk v. Ratner
Neither the superior court nor the appellate court had jurisdiction to consider a petition to vacate a preliminary injunction granted by an arbitrator because the injunction was not a final award. 		Arbitration 2DCA/7 Feb. 24, 2022
In re H.V.
Failure to make a proper first-step inquiry under the Indian Child Welfare Act was a prejudicial and reversible error even though the parent did not show that she could have obtained a more favorable result. 		Juveniles 2DCA/5 Feb. 23, 2022
In re J.B.
Juvenile court's post-dispositional dismissal under Welfare and Institutions Code Section 782, which would allow for the commitment of the juvenile, was merited given the circumstances of the case. 		Juveniles 6DCA Feb. 23, 2022
Pech v. Doniger
Legal counsel regarding prospective litigation and obligations under a fee agreement with a prior attorney were protected activity under the anti-SLAPP statute. 		Anti-SLAPP 2DCA/5 Feb. 23, 2022
White v. Smule, Inc.
With a Labor Code Section 970 claim, evidence of an at-will employment agreement may negate justifiable reliance as to the length of employment but not the kind or character of work. 		Employment Law 1DCA/4 Feb. 23, 2022
Ortiz v. Breslin
Order 		USSC Feb. 23, 2022
Arellano v. McDonough
Order 		USSC Feb. 23, 2022
303 Creative LLC v. Elenis
Order 		USSC Feb. 23, 2022
Grand Canyon Trust v. Provencio
In determining a mine's profitability under the Mining Act, sunk costs can be ignored. 		Administrative Agencies 9th Feb. 23, 2022
Saldana v. Glenhaven Healthcare
Merely complying with federal COVID-19 regulations was insufficient to bring a nursing home under the federal officer removal statute. 		Civil Procedure 9th Feb. 23, 2022
In re K.M.
Defendant was not liable for aiding and abetting a robbery because although he was present, insufficient evidence showed that he affirmatively assisted or encouraged the robbery. 		Criminal Law and Procedure 1DCA/5 Feb. 22, 2022
People v. Smith
A petitioner for release under the Sexually Violent Predators Act did not need to show a material change since his last petition for release because his earlier petition was not denied on the merits or found to be frivolous. 		Criminal Law and Procedure 1DCA/5 Feb. 22, 2022
In re Katherine J.
The beneficial relationship exception did not apply because the father's unresolved substance abuse and violence issues undermined the relationship. 		Juveniles 2DCA/1 Feb. 22, 2022
Ramirez v. Charter Communications, Inc.
An arbitration remedy provision was not substantively unconscionable because it allowed a prevailing defendant to recover attorney's fees only to the same extent the Fair Employment and House Act allowed. 		Arbitration 2DCA/4 Feb. 22, 2022
LaFace v. Ralphs Grocery Co.
Plaintiff was not entitled to a jury trial under her Private Attorneys General Act action. 		Employment Law 2DCA/4 Feb. 22, 2022
Oliver v. Davis
Debatable inferences of evidence that a preemptory challenge to strike a juror was pretextual should have been resolved in favor of the state court. 		Criminal Law and Procedure 9th Feb. 18, 2022
Amended Opinion: Navajo Nation v. U.S. Dept. of the Interior
Indian tribe successfully identified specific treaty, statutory, and regulatory provisions that, taken together, anchored its breach of trust claim. 		Native American Affairs 9th Feb. 18, 2022
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