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Name Category Published
People v. Superior Court (Jones)
By standing on an undisclosed numerical rating system to justify peremptory striking of potential jurors, the prosecuting attorney waived the work product privilege regarding his jury selection notes. 		Criminal Law and Procedure CASC Dec. 3, 2021
People v. Vasquez
Trial court judges cannot merely apply what they feel is fair and in the interest of justice and must provide evidence of extraordinary circumstances that would warrant mitigation of the Three Strikes law. 		Criminal Law and Procedure 4DCA/3 Dec. 3, 2021
Doe v. Lawndale Elementary School Dist.
The Child Abuse and Neglect Reporting Act requires an objective standard but does not require reporting of facts the mandated reporter did not know but should have discovered. 		Juveniles 2DCA/7 Dec. 2, 2021
People v. Giddens
Subdivision (c) of Section 243.9 of the Penal Code does not create any rights for an inmate or impose a duty on a detention facility to preserve a suspected gassing substance for evidentiary purposes. 		Criminal Law and Procedure 4DCA/2 Dec. 2, 2021
People v. Ervin
When the record does not definitively indicate that a petitioner under Penal Code Section 1170.95 is ineligible for relief, the court should issue a show cause order and hold an evidentiary hearing. 		Criminal Law and Procedure 4DCA/3 Dec. 2, 2021
Moniz v. Adecco USA
A settlement approved under the "fair, adequate, and reasonable" standard was appropriate in evaluating the fairness of a Private Attorneys General Act settlement. 		Employment Law 1DCA/4 Dec. 2, 2021
In re L.J.
A juvenile's punishment on a reckless evasion of police count was stayed because it was based on the same indivisible course of conduct, with the same intent and objective, as the assault counts. 		Juveniles 1DCA/4 Dec. 2, 2021
People v. Lewis
Trial court's mash-up of CALCRIM Nos. 1201 and 1203 to include deception, while removing force or threat of force element for kidnapping, was an erroneous statement of the law. 		Criminal Law and Procedure 4DCA/3 Dec. 2, 2021
Duncan v. Bonta
California's ban on large-capacity magazines imposes a minimal burden on Second Amendment rights and is a reasonable means to accomplish the state's important statutory objective of reducing gun violence. 		Constitutional Law 9th Dec. 2, 2021
Santos v. El Guapos Tacos, LLC
PAGA notice need only alert the Labor and Workforce Development Agency and employer of ongoing Labor Code violations and need not specifically indicate "other aggrieved employees." 		Employment Law 6DCA Dec. 2, 2021
Herrera v. Los Angeles Unified School District
Summary judgment was properly granted because there was no genuine dispute of fact as to whether a school aid acted with deliberate indifference in his supervision of a student who drowned. 		Civil Rights 9th Dec. 2, 2021
Gunther v. Alaska Airlines, Inc.
The heightened penalty provisions under the Private Attorneys General Act did not apply because it was undisputed that an airliner provided wage statements to its flight attendants. 		Employment Law 4DCA/1 Dec. 2, 2021
People v. Cervantes
A trial court commits no error by not reconsidering an entire sentence when a remittitur directed the court to focus on a particular issue. 		Criminal Law and Procedure 2DCA/8 Dec. 2, 2021
In re Harris
A court entering a pretrial detention order must state on the record its reasons for why less restrictive means cannot protect government interests in public safety to satisfy procedural due process. 		Criminal Law and Procedure 1DCA/3 Dec. 1, 2021
Spahn v. Richards
Where substantial evidence shows that a party denying requests for admissions did not have a reasonable basis to deny it, the requesting party is entitled to costs of proof. 		Civil Procedure 1DCA/3 Dec. 1, 2021
Kumar v. Garland
The bulk of the adverse credibility findings were unsupported by the record because several of the alleged inconsistencies were not inconsistent at all. 		Immigration 9th Dec. 1, 2021
Tos v. State of California
As long as the alteration furthers the single object of the law, a bond law may be altered by the Legislature without violating the "single object or work" requirement of the California Constitution. 		Constitutional Law 3DCA Dec. 1, 2021
Valderas v. Superior Court (People)
Although defendant claimed he never received a notice to appear, the trial court properly issued a bench warrant because notice had been sent to the address on file. 		Criminal Law and Procedure 4DCA/1 Dec. 1, 2021
Gamboa v. Northeast Community Clinic
An order denying a motion to compel arbitration was affirmed because defendant failed to meet its burden of proof after the trial court sustained objections to defendant's proffered evidence. 		Arbitration 2DCA/7 Dec. 1, 2021
In re: Robert Duane Rens
A bankruptcy estate was not entitled to continue receiving the debtor's share of trust distributions after the debtor's death because those distributions will be paid to the debtor's living issue. 		Bankruptcy BAP Nov. 30, 2021
In re: Mark E. Stuart
Where a creditor had garnished a debtor's bank account prior to the debtor's filing of bankruptcy, neither the bank nor the creditor was under any affirmative obligation to release the funds. 		Bankruptcy BAP Nov. 30, 2021
In re: 450 S. Western Avenue
The time period for a lienholder to commence an action preserving a lien will not be tolled by Section 108(c) of the Bankruptcy Code due to the notice alternative provided by Section 546(b). 		Bankruptcy BAP Nov. 30, 2021
U.S. v. Reyes
A court must provide advance notice before imposing a requirement that, as a special condition of supervised release, defendant is required to allow suspicionless searches by any law enforcement. 		Criminal Law and Procedure 9th Nov. 30, 2021
People v. Price
Defendant was not entitled to have her murder conviction vacated and to be resentenced because substantial evidence supported the jury's special circumstance finding. 		Criminal Law and Procedure 1DCA/2 Nov. 30, 2021
Kumar v. Ramsey
Statute of limitations for plaintiffs seeking to quiet title begins when they are aware of a hostile claim that jeopardizes their title or possession of their property. 		Real Property 3DCA Nov. 30, 2021
U.S. v. De La Mora-Cobian
An alien requesting asylum during expedited removal proceedings must exhaust the asylum claim before being allowed to collaterally attack the removal order in a later prosecution for illegal reentry. 		Immigration 9th Nov. 30, 2021
In re: Andrew Linton
Under the doctrine of cumulative finality, an interlocutory appeal may mature to finality when the appeal is followed by entry of a final disposition in the case before the appeal is dismissed. 		Bankruptcy BAP Nov. 29, 2021
Modification: Long Beach Memorial Medical v. Kaiser Foundation Health Plan
The recognition of a new intentional tort of inadequately reimbursing a hospital was at odds with the purposes of the Knox-Keene Act. 		Health Care 2DCA/2 Nov. 29, 2021
People v. Codinha
The court struck a one-year enhancement from defendant's prison sentence because his prison prior term was not based on a sexually violent offense, as defined in the Welfare and Institutions Code. 		Criminal Law and Procedure 4DCA/1 Nov. 29, 2021
In re: Bradley Edward Koeberer and Nancy Louise Koeberer
No matter how minor a violation of the automatic stay, a party injured by that violation is entitled to its reasonably incurred legal fees and costs. 		Bankruptcy BAP Nov. 26, 2021
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