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Amended Opinion: Civil Beat Law Center v. Maile
Hawai'i Court Records Rule mandating categorical sealing of all medical and health records filed in state court proceedings was unconstitutionally overbroad. 		Constitutional Law 9th Sep. 27, 2024
Friends of the South Fork Gualala v. Dept. of Forestry & Fire Protection
Trial court did not err in denying application for disability accommodation where numerous continuance accommodations had already been granted and significantly delayed the CEQA lawsuit. 		Civil Procedure, Attorneys 1DCA/4 Sep. 30, 2024
California Natural Gas Vehicle Coalition v. State Air Resources Bd.
Rejection of particular proposed alternative to proposed regulation did not violate CEQA where the alternative was fundamentally opposed to the regulation's purpose and other reasonable alternatives were considered and rejected. 		Environmental Law 5DCA Sep. 26, 2024
A.H. v. Tamalpais Union High School Dist.
Despite jury finding school district 100 percent liable for employee's sexual abuse, no error where trial court's jury instruction sufficiently and properly delineated legal rules. 		Education 1DCA/2 Sep. 26, 2024
Marriage of Cady and Gamick
Welfare and Institutions Code Section 12350 does not absolve parents of the duty to support an adult disabled child under Family Code Section 3910. 		Family Law 2DCA/1 Sep. 26, 2024
People v. Mason
Overturning *People v. Hardy*, appellate court ruled that defendant's life without possibility of parole sentence could not be doubled under the Three Strikes Law, Penal Code Section 667(e)(1). 		Criminal Law and Procedure 2DCA/2 Sep. 26, 2024
People v. Zavala
Testimony provided by defendant during a probation hearing was admissible for a resentencing hearing under Penal Code 1172.6. 		Criminal Law and Procedure 3DCA Sep. 26, 2024
People v. Reid
Strangling a domestic partner such that normal breathing or blood flow was impeded constituted a "traumatic condition" under the Penal Code. 		Criminal Law and Procedure 4DCA/3 Sep. 26, 2024
Campbell v. Sunshine Behavioral Health
Party seeking to compel arbitration waived its right where it acted as though it intended to litigate the claim and eventually entering a joint stipulation to participate in mediation. 		Arbitration 4DCA/3 Sep. 26, 2024
Rivera v. Superior Court (Ford Motor Company)
Manufacturer Ford Motor Co. could not compel arbitration as a third-party beneficiary to car sale contract. 		Arbitration, Consumer Law 2DCA/6 Sep. 25, 2024
Modification: Valdovinos v. Kia Motors America, Inc.
To determine whether civil penalties could be imposed, new trial was necessary to determine whether Kia Motors' breach of Beverly-Song Act was willful. 		Consumer Law 2DCA/2 Sep. 25, 2024
Miller v. California Dept. of Corrections and Rehabilitation
Defendant employer's potential liability under other Fair Employment and Housing Act provisions was not a material dispute of fact allowing disability discrimination claim to survive summary adjudication. 		Employment Discrimination 4DCA/2 Sep. 25, 2024
Stein v. Kaiser Foundation Health Plan, Inc.
The False Claim Act's first-to-file rule is not jurisdictional. 		Government, Civil Procedure 9th Sep. 25, 2024
Kim v. Uber Technologies, Inc.
Uber was not liable for driver who logged off from the Uber driver app and struck a pedestrian minutes later. 		Employment Law, Torts 2DCA/8 Sep. 24, 2024
Hyer v. City and County of Honolulu
Excluding expert reports in their entirety was error where the reports relied on facts that were not in evidence and were not speculative or unreliable, and exclusion resulted in prejudice. 		Evidence 9th Sep. 24, 2024
Martell v. Cole
Defendant's guilty plea to resisting arrest did not preclude his civil excessive force claim where his guilty plea did not specify which acts of resistance were the basis for the plea. 		Civil Rights, Criminal Law and Procedure 9th Sep. 24, 2024
People v. Gallardo
Trial court erroneously denied felony murder resentencing petition where it relied only on the prosecution's proffer and did not actually review the record of conviction. 		Criminal Law and Procedure 4DCA/1 Sep. 24, 2024
Maxwell v. Atria Management Co., LLC
Trial court's denial of motion to compel arbitration was remanded to determine threshold issues, e.g., whether the durable power of attorney validly executed arbitration agreement on behalf of deceased. 		Arbitration, Health Care 1DCA/1 Sep. 23, 2024
People v. Hughey
Because defendants' movement of employees to small safe room less than 40 feet was not "merely incidental" to defendants' robbery, simple kidnapping conviction was affirmed. 		Criminal Law and Procedure 2DCA/6 Sep. 23, 2024
Arizona Alliance for Retired Americans v. Mayes
Ninth Circuit overturned *Havens Realty* two-part test for organizational standing because it conflicted with U.S. Supreme Court's *Hippocratic Medicine* three-part test. 		Constitutional Law 9th Sep. 23, 2024
Review granted: Snap v. Superior Court (Pina)
A history of posts by an allegedly violent victim featuring the firearm used in his murder was sufficient for finding good cause for a subpoena of his social media history. 		Evidence 4DCA/1 Sep. 23, 2024
Review granted: Cohen v. Superior Court (Schwartz)
Overruling *Riley v. Hilton Hotels Corp,* appellate court determined that Government Code Section 3600(a) only allows the government, not private individuals, to prosecute municipal code violations. 		Municipal Law 2DCA/4 Sep. 23, 2024
Anoke v. Twitter
No arbitration fee default where plaintiffs' counsel erroneously paid defendant's share of arbitration fees and defendant promptly paid after the mistake was corrected. 		Arbitration 1DCA/5 Sep. 20, 2024
People v. Kelly
Record of conviction with finding that defendant intended to kill but lacking a finding that defendant actually assisted the killer did not render him ineligible for felony murder resentencing. 		Criminal Law and Procedure 4DCA/3 Sep. 20, 2024
Modification: Mayor v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board order granting reconsideration issued 144 days after petition was void because the Board lost jurisdiction over the matter after 60 days by operation of statute. 		Workers' Compensation, Administrative Agencies 1DCA/4 Sep. 20, 2024
Dignity Health v. Mounts
Granting anti-SLAPP special motion to strike was proper where surgeon failed to demonstrate probability of prevailing because hospital's adverse actions were shielded by the litigation and common interest privileges. 		Anti-SLAPP, Health Care 2DCA/6 Sep. 19, 2024
Vaughn v. Superior Court (People)
Defendant was suitable for mental health diversion despite his minimal effort in the evaluation process. 		Criminal Law and Procedure 2DCA/7 Sep. 19, 2024
U.S. v. Sapalasan
Order 		9th Sep. 19, 2024
Milos Product Tanker Corporation v. Valero Marketing and Supply Co.
District court erroneously found that defendant consignee breached a contract to pay freight costs, where defendant was not a party to the shipping contract and had not impliedly assumed the obligation to pay. 		Contracts, Maritime Law 9th Sep. 19, 2024
Coastal Environmental Rights Foundation v. Naples Restaurant Group, LLC
Plaintiff's Clean Water Act case was rendered moot after defendant obtained necessary permit to allow for fireworks display over Los Angeles' bay. 		Environmental Law 9th Sep. 19, 2024
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