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In re Complaint of Judicial Misconduct
Order 		9th Oct. 9, 2024
People v. Moseley
When sentencing qualifying veteran defendants or current military members, trial courts have mandatory statutory obligations to consider a veteran defendant's service-related post-traumatic stress disorder. 		Veterans' Affairs, Criminal Law and Procedure 4DCA/3 Oct. 9, 2024
Kramer v. Coinbase, Inc.
Trial court did not err in concluding that plaintiffs were not required to arbitrate their consumer law, public injunctive relief claims against cryptocurrency company. 		Arbitration, Consumer Law 1DCA/3 Oct. 8, 2024
Lathrop v. Thor Motor Coach, Inc.
Burden of showing forum selection clause was unreasonable was improperly placed on consumers rather than party seeking to enforce the clause where consumers' claims involved unwaivable statutory rights. 		Consumer Law, Civil Procedure 2DCA/7 Oct. 8, 2024
Liu v. Miniso Depot CA, Inc.
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act exempts an entire case from arbitration where plaintiff asserts at least one sexual harassment claim subject to the act. 		Arbitration, Employment Law 2DCA/1 Oct. 8, 2024
People v. Dorado
Dual use of same aggravating factor to impose both full, consecutive terms for sex offenses and upper terms for those same counts was error. 		Criminal Law and Procedure 4DCA/1 Oct. 7, 2024
Yolo Land and Water Defense v. County of Yolo (Teichert Inc.)
Although petitioner elected to prepare the administrative record, County was properly awarded costs for preparing documents requested pursuant to the California Environmental Quality Act. 		Environmental Law 3DCA Oct. 7, 2024
E.G. v. M.L.
Social media posts revealing personal information (doxxing) of a parent's former romantic partner constituted the course of conduct necessary to grant a restraining order. 		Family Law 6DCA Oct. 7, 2024
Singh v. Garland
BIA made an erroneous adverse credibility determination of asylum applicant based on the perceived similarities between his case and those of other applicants from the same region. 		Immigration 9th Oct. 7, 2024
People v. Knowles
Trial court was not required to consider mitigating factors that did not contribute to a defendant's conduct in a voluntary manslaughter sentencing. 		Criminal Law and Procedure 2DCA/1 Oct. 7, 2024
In re Maury
Despite capital defendant's objection to counsel's presentation of mitigation evidence, *McCoy* was not implicated where defendant personally requested that the jury give him the death penalty. 		Criminal Law and Procedure 3DCA Oct. 4, 2024
In re Complaint of Judicial Misconduct
Order 		9th Oct. 4, 2024
People v. Harris
Despite initially ruling that defendant was entitled to resentencing, trial court had inherent authority to reconsider its decision and deny resentencing. 		Criminal Law and Procedure 2DCA/3 Oct. 3, 2024
People v. Ellis
Admission of propensity evidence of uncharged acts and instructing jury accordingly was not error where trial court conducted the analysis required by Evidence Code Section 352 pretrial. 		Criminal Law and Procedure, Evidence 4DCA/1 Oct. 2, 2024
Bennett v. Isagenix International, LLC
District court erred in treating the parties' contractual limitation on consequential damages as a basis for finding irreparable harm. 		Contracts 9th Oct. 2, 2024
Lee v. Thornell
Order 		9th Oct. 2, 2024
Wentworth v. Regents of the University of California
Trial court erred in granting summary adjudication to U.C. Berkeley assistant professor's invasion of privacy claim. 		Employment Law 1DCA/4 Oct. 2, 2024
Doe v. Second Street Corp.
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act rendered an arbitration provision unenforceable as applied to conduct that began prior to and continued following the statute's effective date. 		Arbitration 2DCA/3 Oct. 2, 2024
U.S. v. Patterson
A hate crime motivation enhancement required a finding beyond a reasonable doubt of defendant's animus toward a protected category as the motivation for targeting the victim. 		Criminal Law and Procedure 9th Oct. 2, 2024
In re: Powell v. Van Meter
Order granting voluntary dismissal of Chapter 13 bankruptcy case was proper because the debtor had an absolute statutory right to dismiss his petition. 		Bankruptcy 9th Oct. 2, 2024
Bowen v. Energizer Holdings, Inc.
District court erred in determining consumer lacked standing to pursue false advertising claim against sunscreen company where merits and jurisdictional issues were intertwined. 		Consumer Law, Civil Procedure 9th Oct. 2, 2024
U.S. v. Solakyan
Honest-services mail fraud extends to the doctor-patient relationship and encompasses schemes that deprive patients of their intangible right to honest services by their physicians. 		Criminal Law and Procedure 9th Oct. 1, 2024
Mooney v. Fife
Summary judgment improper where employee made prima facie showing of retaliation under False Claims Act and genuine issues of fact existed regarding whether proffered explanation for his termination was pretextual. 		Employment Law 9th Oct. 1, 2024
Terpin v. AT&T Mobility LLC
Victim of a SIM-swap scheme had a plausible Federal Communications Act claim against his carrier because, although the carrier did not disclose protected information, it still gave access to the information. 		Cyber Law 9th Oct. 1, 2024
People v. Briscoe
Penal Code Section 3051 violated equal protection as applied to defendant's challenge to life without parole sentence for special circumstance murder. 		Criminal Law and Procedure 1DCA/4 Sep. 27, 2024
U.S. v. California Stem Cell Treatment Center
Tromal vascular fraction treatment is a "drug" under the Food, Drug, and Cosmetic Act and therefore subject to Food and Drug Administration regulation. 		Administrative Agencies 9th Sep. 30, 2024
Gregory v. State of Montana
District court improperly imposed severe evidentiary sanctions against defendants who had not displayed the requisite intent to destroy surveillance footage. 		Evidence, Civil Procedure 9th Sep. 30, 2024
People v. Gallegos
Petitioner who pled no contest to voluntary manslaughter after imputed malice theories of murder had been statutorily eliminated was ineligible for resentencing relief. 		Criminal Law and Procedure 5DCA Sep. 27, 2024
Enmark v. KC Community Care
Conservatorship order did not confer authority to bind conservator to arbitration. 		Arbitration 2DCA/2 Sep. 27, 2024
People v. Hersom
A defendant who was absent on the second day of jury selection was found to be voluntarily absent and therefore denied a new trial. 		Criminal Law and Procedure 1DCA/1 Sep. 27, 2024
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