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Name Category Published
County of San Bernardino v. West Valley Water Dist.
Water district election was required to be held on statewide general election date, not statewide primary date when there was low voter turnout in previous years. 		Government 4DCA/2 Feb. 3, 2022
Dameron Hospital Assn. v. AAA Northern Cal.
An insured could reasonably expect that a medical services provider could collect payments directly from an insurer based on a contract insured signed with the medical provider. 		Contracts 3DCA Feb. 3, 2022
People v. Chatman
Conviction for mail fraud where the value of property obtained was valued at $950 or less must be redesignated as a misdemeanor pursuant to Proposition 47. 		Criminal Law and Procedure 1DCA/4 Feb. 2, 2022
Zannini v. Liker
The trial court was correct in declining to give an instruction on abandonment of patient because evidence showed that defendant doctor was not in charge of patient's care. 		Civil Procedure 2DCA/8 Feb. 2, 2022
Andrews v. Metropolitan Transit System 1
Notice of rejection of claim for damages is defective and does not comply with Government Code Section 913(b) requirements if it does not include attorney advisement. 		Government 4DCA/1 Feb. 2, 2022
U.S. v. Schlenker
Defendant's declaratory action improperly sought to carve out a collateral issue from a potential habeas petition to use the Declaratory Judgment Act as a substitute to challenge his sentence. 		Criminal Law and Procedure 9th Feb. 2, 2022
Ballinger v. City of Oakland
Oakland's Tenant Relocation fee is not an unconstitutional taking without just compensation but instead is an admissible State regulation of the landlord-tenant relationship. 		Constitutional Law 9th Feb. 2, 2022
Panterra GP, Inc. v. Superior Court (Rosedale Bakersfield Retail VI, LLC)
Licensed contractor alleging facts sufficient to support claim for reformation was not barred from relief where entity mistakenly listed as the contractor in written agreement was not a licensed contractor. 		Contracts 5DCA Feb. 2, 2022
Modification: People v. Rorabaugh
Warrantless seizure of defendant's vehicle accomplished by trespassing on private property was a Fourth Amendment violation for which defendant was entitled to suppression of the evidence so obtained. 		Criminal Law and Procedure 3DCA Feb. 1, 2022
People v. Gerson
Defendant was entitled to preconviction custody credit for time on home detention because he was similarly situated to individuals participating in an electronic monitoring program. 		Criminal Law and Procedure 4DCA/1 Feb. 1, 2022
Blue Mountain Enterprises, LLC v. Owen
Nonsoliciation covenant was enforceable because the covenantor sold or disposed of his business interests when he consolidated his businesses and received an interest in the consolidated entity. 		Contracts 1DCA/1 Feb. 1, 2022
People v. Holmes, McClain & Newborn
Although there was an apparent racial disparity in prosecution's initial use of peremptory challenges, nothing indicated the challenges were based on impermissible criteria when considered in context. 		Criminal Law and Procedure CASC Feb. 1, 2022
Advanced Integrative Medical Science Institute v. Garland
The court lacked jurisdiction to review an advice letter from the Drug Enforcement Administration because the letter was not a final decision. 		Civil Procedure 9th Feb. 1, 2022
Western States Office Fund v. Welfare & Pension Administration Service
Under ERISA, in calculating the "highest contribution rate" for purposes of determining the employer's annual withdrawal payment, the surcharge paid by an employer when a plan is in critical status is not to be included. 		Employment Law 9th Feb. 1, 2022
Ellis v. Salt River Project
Arizona's notice-of-claim requirement does not conflict with Federal Rule of Civil Procedure 23. 		Civil Procedure 9th Feb. 1, 2022
Marriage of Thompson
First in time rule for jurisdiction only applies when court has both in rem and in personam jurisdiction. 		Family Law 3DCA Jan. 31, 2022
Citizens' Committee to Complete the Refuge v. City of Newark
A development project was exempt from further California Environmental Quality Act review because no changes significantly increased the impacts on an endangered species. 		Environmental Law 1DCA/4 Jan. 31, 2022
Hamm v. Reeves
Order 		USSC Jan. 31, 2022
ACA Connects v. Bonta
California law regulating broadband service providers was not preempted by FCC's federal regulatory authority because the FCC relinquished the authority to regulate the service providers when it reclassified them. 		Cyber Law 9th Jan. 31, 2022
Modification: In re Lisea
Improper kill zone instruction was prejudicial error warranting reversal of attempted murder conviction. 		Criminal Law and Procedure 3DCA Jan. 31, 2022
California Correctional Peace Officers Assn. v. Workers' Comp. Appeals Bd.
Notice satisfied due process requirements where petitioner had notice of the hearing date, time, and presiding administrative law judge despite no specific indication the hearing would be telephonic. 		Workers' Compensation 3DCA Jan. 31, 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 Jan. 31, 2022
Melendez v. Westlake Services, Inc.
Federal Trade Commission's Holder Rule allows for the recovery of attorney fees from not just the seller, but also the creditor-assignee. 		Consumer Law 2DCA/8 Jan. 31, 2022
Oroville Hospital v. Superior Court (Ambrose)
Nurses' provision of wound care to deceased did not give rise to the substantial caretaking relationship required to establish neglect under the Elder Abuse Act. 		Torts 3DCA Jan. 28, 2022
People v. Mani
Burglary is a crime of domestic violence for purposes of Penal Code Section 1109 given the Family Code's expanded definition of domestic violence includes disturbing the peace as a form of abuse. 		Criminal Law and Procedure 3DCA Jan. 28, 2022
Greif v. Sanin
Buyer of land was entitled to specific performance and duplicative conversion damages because seller unreasonably delayed the release of buyer's escrow deposit funds. 		Real Property 4DCA/2 Jan. 28, 2022
Lawson v. PPG Architectural Finishes, Inc.
In a whistleblower retaliation case, plaintiff may prevail as long as retaliation was a contributing factor, even if it is not the sole reason for the adverse employment action. 		Employment Law CASC Jan. 28, 2022
Amended Opinion: In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test. 		Attorneys 9th Jan. 28, 2022
Duff v. Jaguar Land Rover North America, LLC
Determining who was the prevailing party for fee-shifting purposes in breach of implied warranty suit should have been based on the extent to which the buyer achieved his litigation objectives. 		Consumer Law 4DCA/1 Jan. 28, 2022
Falcon Brands, Inc. v. Mousavi & Lee, LLP
Attorney's escalating series of threats, in separate emails, transformed legitimate settlement demands into unprotected extortion. 		Anti-SLAPP 4DCA/3 Jan. 28, 2022
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