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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Davis v. CSAA Insurance Exchange
Because Insurance Code section 1861.05(a) imposes no independent duty on insurers to refund premiums, claims seeking retroactive COVID-19 automobile insurance refunds were properly dismissed.
Insurance 1DCA/1 Sep. 10, 2025
Pacho Limited Partnership v. Eureka Energy Co.
Lease of land allowing any lawful purpose was not a lease for agricultural purposes limited to 51 years, even though the property had always been used for cattle grazing to lower the risk of wildfires.
Real Property 2DCA/6 Sep. 10, 2025
John Doe R.L. v. Merced City School District
Because Assembly bill's retroactive exemption of childhood sexual assault claims created procedural immunity rather than new substantive liability for public entities, it did not violate the California Constitution's gift clause.
Education, Immunity 5DCA Sep. 10, 2025
Hu v. City of San Jose
Because bike lane adjacent to city street was not a "trail" under Government Code section 835, trail immunity did not shield City from potential liability for biker's injury.
Municipal Law, Immunity 6DCA Sep. 10, 2025
Conservatorship of A.H.
Petitioner was deprived of due process where conservatorship trial took 10 months to reach a grave disability finding.
Conservatorship 1DCA/5 Sep. 10, 2025
People v. Roberts
California's concealed carry firearm licensing requirement passed Second Amendment muster.
Constitutional Law 1DCA/4 Sep. 10, 2025
Kruitbosch v. Bakersfield Recovery Services, Inc.
Although allegedly harassing conduct took place outside of work hours and off work property, employer's response to the reported conduct may have created a hostile work environment.
Employment Discrimination, Torts 5DCA Sep. 10, 2025
U.S. v. Stennerson
Prohibition on possession of firearms by unlawful drug users did not facially violate the Second Amendment because it was consistent with the nation's history and tradition of firearm regulations.
Constitutional Law, Criminal Law and Procedure 9th Sep. 10, 2025
Netchoice LLC v. Bonta
Protecting Our Kids from Social Media Addiction Act's provision hiding number of "likes" from minors failed strict scrutiny; provision setting minors' accounts to "private mode" passed intermediate scrutiny.
Constitutional Law 9th Sep. 10, 2025
Baker v. San Mateo County Employees Retirement Assn.
County employee's disability retirement date was determined using final receipt of "regular compensation," which included compensation paid in an accommodated position at the same salary.
Government 1DCA/1 Sep. 9, 2025
Trader Joe's Company v. Trader Joes United
*Sleekcraft* factors supported a plausible likelihood of confusion for Trader Joe's trademark infringement claim against a Trader Joe's labor union's use of the mark in union merchandise.
Intellectual Property, Labor Law 9th Sep. 9, 2025
People of the State of California v. Express Scripts
After removal to federal court, plaintiff's express disclaimer of all claims that provided basis for federal jurisdiction in amended complaint removed district court's federal-question jurisdiction, requiring remand.
Civil Procedure 9th Sep. 9, 2025
Jones v. City of North Las Vegas
Though officers' warrantless backyard entry was unlawful due to their tardiness in pursuing fleeing suspect, individual officer's shooting of attacking dogs after entry was entitled to qualified immunity.
Criminal Law and Procedure, Immunity 9th Sep. 9, 2025
Biani v. Showtime Networks Inc.
Copyright suit was properly dismissed where allegedly infringing characters in the show *Penny Dreadful* were not so strikingly similar to plaintiff's characters as to preclude the possibility of independent creation.
Copyright 9th Sep. 9, 2025
U.S. v. Jesenik
Omissions tethered to affirmative misstatements to investors were sufficient to support wire fraud convictions.
Criminal Law and Procedure 9th Sep. 8, 2025
Pacific Coast Federation of Fishermen's Associations, Inc. v. Nickels
Permitless operation of expansive drainage system did not violate the Clean Water Act because the discharge was composed entirely of return flows from irrigated agriculture and was exempt.
Environmental Law 9th Sep. 8, 2025
Amended Opinion: CoStar Group v. Commercial Real Estate Exchange
Allegations that competitor held dominant market share and was able to charge supracompetitive prices were sufficient to plausible state a claim that the competitor had violated the Sherman Act.
Antitrust 9th Sep. 8, 2025
Amended Opinion: Day v. Henry
Statutes requiring retailers wishing to ship liquor directly to consumers maintain a physical location managed by a resident were not discriminatory because it applied equally to in-state and out-of-state companies.
Constitutional Law 9th Sep. 8, 2025
In re Grinder
Rule prohibiting use of hearsay testimony to prove a commitment offense involved the use of force or violence was procedural, rather than substantive, and did not apply retroactively.
Criminal Law and Procedure 5DCA Sep. 8, 2025
Sterling v. Feek
Plaintiff had a constitutionally protected property interest in pandemic-related unemployment benefits because he satisfied definite eligibility criteria and had a legitimate expectation of aid receipt due to state's limited discretion.
Constitutional Law 9th Sep. 5, 2025
Garcia v. County of Alameda
As applied to reporter's newsgathering activities, Alameda County's prohibition on spectating auto-stunt sideshows violated the First Amendment.
Constitutional Law 9th Sep. 5, 2025
Asuncion v. Hegseth
Because repeated agency errors left veteran employee's attorney unable to access the encrypted final decision, employee's complaint filed after the statute of limitations expired was deemed timely.
Civil Procedure, Employment Discrimination 9th Sep. 5, 2025
People v. Cardenas
Gang-murder special circumstance and death sentence reversed where changes to the laws on admissibility of hearsay evidence and required predicates meant there was now insufficient evidence to support the allegations.
Criminal Law and Procedure CASC Sep. 5, 2025
Modification: Center for Biological Diversity, Inc. v. Public Utilities Com.
Public Utilities Commission's interpretation of the Public Utilities Code was no longer entitled to uniquely deferential standard of review given legislation expanding judicial review of most Commission decisions.
Utilities CASC Sep. 5, 2025
Segura v. Superior Court (People)
For misdemeanor pretrial military diversion eligibility, veterans need only show a reasonable possibility of a service-related condition, not a nexus to the offense.
Criminal Law and Procedure 4DCA/3 Sep. 4, 2025
Doe v. County of Orange
Employee's willful disclosure of confidential Welfare and Institutions Code section 5150 record to plaintiff's relative despite knowing she lacked entitlement required awarding of treble damages under section 5330.
Remedies 4DCA/3 Sep. 4, 2025
People v. Parker
Trial court declining to give Judicial Council instruction on voluntary intoxication was not error where it provided an instruction that, when considered alongside other instructions, properly instructed the jury.
Criminal Law and Procedure 3DCA Sep. 4, 2025
U.S. v. Taylor
District court revoking supervised release may sanction defendant based on violent history, breach of trust, and recidivism risk by imposing a lengthier sentence than suggested by Sentencing Guidelines.
Criminal Law and Procedure 9th Sep. 4, 2025
U.S. Securities and Exchange Commission v. Sripetch
Disgorgement under the Securities and Exchange Act did not require a showing that the victims suffered pecuniary harm.
Securities 9th Sep. 4, 2025
Confederated Tribes v. Teck Cominco Metals Ltd.
CERCLA allowed Native American Tribes to seek damages for lost use of natural resources where the lost uses have a cultural dimension unique to the Tribes.
Environmental Law, Remedies 9th Sep. 4, 2025