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Name Category Published
Falck N. California Corp. v. Scott Griffith Collaborative Solutions
The filing of an amended complaint rendered an interlocutory appeal challenging the prior complaint moot. 		Civil Procedure 9th Feb. 11, 2022
Ruiz-Colmenarez v. Garland
An immigration judge is not required to grant petitioners the presumption of absolute credibility or the benefit of every doubt. 		Immigration 9th Feb. 10, 2022
Tzompantzi-Salazar v. Garland
The possibility that petitioner could relocate and would not likely be subjected to torture was sufficient to deny relief under the Convention Against Torture, regardless of the reasonableness of relocating. 		Immigration 9th Feb. 10, 2022
People v. Vasquez
A gang enhancement did not require a showing that an umbrella gang and local subset were connected, because the umbrella gang alone satisfied the requirements. 		Criminal Law and Procedure 5DCA Feb. 10, 2022
People v. Scarano
Remedy for Assembly Bill No. 1950, which changed with certain exceptions, the maximum length of probation for felony cases to two years, is remand and opportunity to void plea agreements. 		Criminal Law and Procedure 3DCA Feb. 10, 2022
Hutcheson v. Superior Court (UBS Financial Services)
The relation-back doctrine can apply when substituting named plaintiffs in a Private Attorneys General Act action. 		Employment Law 1DCA/2 Feb. 9, 2022
Dept. of Corrections & Rehabilitation v. State Personnel Bd.
Plaintiff's burden of proving that the discrimination was a substantial factor motivating an adverse employment action arises only after, not before, the employer has rebutted plaintiff's prima facie showing. 		Employment Discrimination 3DCA Feb. 9, 2022
Merrill v. Milligan
Order 		USSC Feb. 9, 2022
Moran v. The Screening Pros
A credit reporting agency was not negligent because its interpretation of the Fair Credit Reporting Act, while ultimately incorrect, was not objectively unreasonable. 		Consumer Law 9th Feb. 9, 2022
U.S. v. Mendoza
Defendant's conviction for conspiracy to distribute methamphetamine was vacated because there was insufficient evidence to establish an agreement to further distribute the drug. 		Criminal Law and Procedure 9th Feb. 9, 2022
Anderson v. Ford Motor Co.
Recovery of Song-Beverly Act civil penalty did not preclude plaintiffs' recovery of punitive damages for fraud because the awards were based on separate conduct that took place at different times. 		Consumer Law 3DCA Feb. 9, 2022
Rucker v. WINCAL, LLC
A property owner was not liable for plaintiff's injury when plaintiff, who was jogging for recreational purposes, was forced into the bicycle lane to avoid a homeless encampment on the owner's property. 		Torts 2DCA/5 Feb. 8, 2022
Barke v. Banks
Local government officials lacked standing to bring a First Amendment challenge to regulations prohibiting public employers from discouraging employee organization participation. 		Constitutional Law 9th Feb. 8, 2022
Ables v. A. Ghazale Brothers, Inc.
A trial court properly dismissed plaintiff's case because an administrative rule extending the statute of limitations did not trigger a statute to extend the deadline an additional six months. 		Civil Procedure 5DCA Feb. 7, 2022
Singh v. Garland
A noncitizen's removal order was subject to rescission because his Notice to Appear did not provide the date and time of his hearing. 		Immigration 9th Feb. 7, 2022
In re U.S. Department of Education
The district court erred in denying motions to quash the subpoena to take the deposition of the former Secretary of Education. 		Civil Procedure 9th Feb. 7, 2022
Mountain Communities for Fire Safety v. Elliott
U.S. Forest Service's "Timber Stand Improvement" regulation unambiguously allows commercial thinning of forest timber regardless of size or age. 		Environmental Law 9th Feb. 7, 2022
Los Padres Forestwatch v. U.S. Forest Service
Absent evidence demonstrating the U.S. Forest Service applied technical expertise to conclude timber cutting project should be approved, the court was forced to conclude the decision was arbitrary and capricious. 		Environmental Law 9th Feb. 7, 2022
Multiversal Enterprises-Mammoth Properties, LLC v. Yelp Inc.
Denial of restaurant owner's motion to compel production of Yelp's software source code was proper because its production was not necessary. 		Civil Procedure 2DCA/1 Feb. 7, 2022
People v. Speck
Jury should have been instructed regarding mistake of fact where defendant was charged with offenses requiring specific intent and presented substantial evidence regarding the defense. 		Criminal Law and Procedure 3DCA Feb. 4, 2022
Bankers Hill 150 v. City of San Diego
A city did not abuse its discretion in approving a development project because the city was obligated to approve the project under the Density Bonus Law. 		Real Property 4DCA/1 Feb. 4, 2022
Plata v. City of San Jose
Municipal water customers' claim against the water company regarding the legality of its tiered rate structure required proper, satisfactory presentation of those claims as detailed under the Government Claims Act. 		Municipal Law 4DCA/3 Feb. 4, 2022
Eminence Healthcare, Inc. v. Centuri Health Ventures, LLC
Agreement's plain language exempting claims involving equitable relief from arbitration must be followed where agreement's language was clear and explicit. 		Arbitration 5DCA Feb. 4, 2022
U.S. v. Jackson
The government failed to establish that defendant kidnapped plaintiff because any seizure that occurred did not occur beyond the assault. 		Criminal Law and Procedure 9th Feb. 4, 2022
Optional Capital Inc. v. DAS Corp.
Order 		9th Feb. 4, 2022
San Luis Obispo Local Agency Formation Commission v. Central Coast Development
A public agency was not liable for attorney's fees because the indemnification contract was void. 		Contracts 2DCA/6 Feb. 4, 2022
People v. Mendoza
Sentencing defendant to prison for assault with a deadly weapon and assault with force likely to cause great bodily injury based on multiple blows incident to single objective was improper. 		Criminal Law and Procedure 2DCA/8 Feb. 4, 2022
Meyer v. Sheh
In requesting court to order sale of judgment creditor's property to satisfy outstanding judgment, unrecorded property tax liens must be disclosed in a judgment creditor's application to the court. 		Real Property 2DCA/2 Feb. 4, 2022
Ahern v. Asset Management Consultants
The trial court erred in ordering arbitration because the property investor's misrepresentation claims did not arise out of the arbitration agreement. 		Arbitration 2DCA/7 Feb. 3, 2022
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. 3, 2022
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