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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Sodha v. Golubowski
Ninth Circuit rejected First Circuit's extreme departure test in favor of materiality test to determine whether Securities Act requires disclosure of certain pre-initial public offering information learned post-registration statement. 		Securities 9th Sep. 2, 2025
Atlas v. Davidyan
Despite defendant's pro per status, trial court did not abuse its discretion in granting terminating sanctions when evidence supported defendant's noncompliance with discovery obligations warranted its imposition. 		Civil Procedure, Remedies 2DCA/8 Sep. 3, 2025
People v. Hart
Personal use of a firearm was not an ultimate fact of murder, so jury's not true finding regarding firearm allegation did not have preclusive effect on murder resentencing proceedings. 		Criminal Law and Procedure 4DCA/1 Sep. 3, 2025
People v. Isayev
Youthful offender's eligibility for Penal Code section 3051's Youth Offender Parole Program made him ineligible for Penal Code section 11709(d) resentencing. 		Criminal Law and Procedure 3DCA Sep. 3, 2025
Doe v. Mount Pleasant Elementary School District
Neither Education Code's field trip waiver nor off-campus supervision immunity shielded school from liability of student's negligence claims involving sexual assault on overnight science program. 		Education, Immunity 6DCA Sep. 3, 2025
Benedetti v. County of Marin
Use of permanent conservation easements to protect agricultural use of coastal lands was not a facially unconstitutional taking. 		Constitutional Law, Real Property 1DCA/4 Sep. 3, 2025
Arriaga v. Superior Court (People)
Delay of almost sixteen years between felony complaint and arraignment violated defendant's speedy trial right where the delay resulted in the loss of testimony that would have assisted his defense. 		Criminal Law and Procedure 2DCA/3 Sep. 3, 2025
CP VI Admirals Cove LLC v. City of Alameda
Because housing units had a history of being used for residential purposes, Costa-Hawkins' exemption from rent control ordinance did not apply. 		Real Property 1DCA/4 Sep. 3, 2025
Amended Opinion: The Satanic Temple v. Labrador
Religious group lacked either associational or organizational standing when it failed to identify specific members injured by Idaho's anti-abortion law. 		Civil Procedure, Constitutional Law 9th Sep. 3, 2025
McNeil v. Gittere
Notice of appeal filed more than 30 days after entry of order from which appeal was sought was untimely and deprived the appellate court of jurisdiction. 		Civil Procedure 9th Sep. 3, 2025
Petersen v. Snohomish Regional Fire and Rescue
Because accommodating firefighters' COVID-19 vaccine objections would have imposed health, operational, and financial burdens, constituting undue hardship under employment discrimination laws, firefighters' claims were properly rejected on summary judgment. 		Employment Discrimination 9th Sep. 3, 2025
Thacker v. City of Fairfield
City's increase of a flat per-parcel assessment from $196.23 to $300 constituted an "increase" under Proposition 218, requiring compliance with voter approval procedures. 		Municipal Law, Real Property 1DCA/5 Sep. 2, 2025
Solano County Orderly Growth Committee v. City of Fairfield
Because City's determination involving water service agreement for an unincorporated development was reasonable, despite questions regarding statutory consistency requirements, it should have been approved. 		Municipal Law, Water Rights 1DCA/2 Sep. 2, 2025
People v. Midell
Defense counsel's repeated comparisons of defendant to an animal during closing to negate intent elements were invited error and could not serve as basis for Racial Justice Act claim. 		Criminal Law and Procedure 1DCA/2 Sep. 2, 2025
National TPS Alliance v. Noem
Because Secretary of Homeland Security Kristi Noem lacked statutory authority to rescind Venezuelan Temporary Protected Status extension, Ninth Circuit upheld preliminary relief to preserve protections for eligible plaintiffs. 		Immigration, Administrative Agencies 9th Sep. 2, 2025
Farley v. Lincoln Benefit Life Company
Under California's life-insurance lapse statutes, because plaintiffs must prove not only a statutory violation but also causation of harm, broad class certification based on "violation-only" theory was improper. 		Civil Procedure, Insurance 9th Sep. 2, 2025
Emmons v. Jesso
Tenant-appellant failed to demonstrate it was improper for jury to resolve contested issue regarding whether rental unit was illegal during his occupancy. 		Real Property 2DCA/2 Aug. 29, 2025
People v. Baldwin
Limiting resentencing to juvenile offenders expressly sentenced to life without the possibility of parole rather than those serving a term of years with parole eligibility did not violate equal protection. 		Criminal Law and Procedure 5DCA Aug. 29, 2025
Cruz v. Tapestry
Grey notice text on off-white checkout page containing other distracting elements was insufficient to alert reasonably prudent internet customers that purchasing website's products would bind them to the terms of use. 		Arbitration, Consumer Law 2DCA/1 Aug. 29, 2025
O.B. v. Los Angeles Unified School Dist.
Assembly Bill 218's revival of childhood sexual assault claims against public entities does not violate the gift clause of the California Constitution. 		Torts, Education 2DCA/1 Aug. 29, 2025
People v. Mendez-Torres
Modified jury instruction that defined the force required for robbery without any reference to the victim's physical resistance misstated the law and required reversal. 		Criminal Law and Procedure 1DCA/5 Aug. 29, 2025
Modification: Patz v. City of San Diego
City failed to provide substantial evidence that its water tier-rate system imposed on residential customers but not on non-residential customers was cost-proportional. 		Utilities 4DCA/2 Aug. 29, 2025
Perez v. Reubart
Because, under the Antiterrorism and Effective Death Penalty Act, attorney abandonment and prison delays were extraordinary circumstances excusing habeas petitioner's untimely filing, equitable tolling applied. 		Habeas Corpus 9th Aug. 29, 2025
Greer v. City of San Diego
Order 		9th Aug. 29, 2025
Schwartz v. Miller
Federal prisoner's deliberate indifference claim was not a new context but fell squarely within the Supreme Court's *Carlson v. Green*, allowing progression of his Bivens claim. 		Prisoners' Rights 9th Aug. 29, 2025
Childs v. San Diego Family Housing LLC
Remand to state court was appropriate where rental property was not within a federal enclave because the United States never assented to exclusive federal jurisdiction over the property. 		Civil Procedure 9th Aug. 29, 2025
Ruiz v. The Bradford Exchange Ltd.
Though district courts may remand removed cases for lack of equitable jurisdiction, defendants can waive the adequate-remedy-at-law objection to keep cases in federal court. 		Civil Procedure 9th Aug. 29, 2025
Searle v. Allen
Though the *Rooker-Feldman* doctrine barred challenges to plaintiff's direct foreclosure judgment claims, under the Supreme Court's *Tyler v. Hennepin County*, her surplus equity claims could proceed. 		Real Property, Civil Procedure 9th Aug. 29, 2025
People v. Aguirre
Retroactive application of Assembly Bill 333 invalidated death row inmate's gang-related enhancements, special circumstance, and death sentence due to prejudicial instructional error under outdated law. 		Criminal Law and Procedure CASC Aug. 29, 2025
Olympic and Georgia Partners, LLC v. County of Los Angeles
Assessor may consider additional revenue resulting from contractual guarantees enabling property to generate additional revenue unrelated to the enterprise activity of the owner when conducting an income method valuation. 		Tax CASC Aug. 29, 2025
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