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Name Category Published
Hay v. Marinkovich
Although prevailing defendants in civil actions under Penal Code Section 502 may be awarded their reasonable attorney's fees, they may not recover where the plaintiff's claim was not frivolous. 		Torts 4DCA/1 Feb. 10, 2025
Elmi v. Related Management Co., L.P.
Code of Civil Procedure Section 998 limits only prejudgment costs and fees--not costs and fees incurred to enforce a judgment. 		Civil Procedure 4DCA/3 Feb. 10, 2025
Gharibian v. Wawanesa General Insurance Company
Debris from a nearby wildfire falling onto an insured property did not constitute physical loss. 		Insurance, Contracts 2DCA/2 Feb. 10, 2025
Stubblefield v. Superior Court (People)
Following a reversed and vacated conviction, a petitioner was entitled to file a motion for release prior to the remittur being issued. 		Criminal Law and Procedure 6DCA Feb. 7, 2025
People v. Chatman
In disagreement with *Hodge*, a trial court's denial of a defendant's request for relief pursuant to Section 1172.1 is an appealable order. 		Criminal Law and Procedure 5DCA Feb. 6, 2025
Vo v. Technology Credit Union
Arbitration agreement was not unconscionable where it sufficiently provided for the possibility of third-party discovery. 		Arbitration, Employment Law 6DCA Feb. 6, 2025
Modification: People v. Townes
A threat of divine retribution to an indoctrinated victim was sufficient to support a finding of duress required for a forcible rape conviction. 		Criminal Law and Procedure 4DCA/3 Feb. 6, 2025
People v. Rosemond
An appeal pursuant to Penal Code Section 1172.1 was found to lack any arguable issues, and following a defendant's failure to raise any such issues, deemed abandoned. 		Criminal Law and Procedure 5DCA Feb. 6, 2025
Casey v. Superior Court (D.R. Horton Inc.)
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act preempts attempts under state law to compel arbitration of sexual harassment cases, and parties cannot contract around the law with a choice-of-law provision. 		Arbitration, Employment Law 1DCA/1 Feb. 5, 2025
Wash v. Banda-Wash
Because a remittitur is not served on parties, defendant's motion for her attorney fees and costs was ineligible for statutory extension for service and the request deemed untimely. 		Civil Procedure 5DCA Feb. 5, 2025
Sanchez v. Superior Court (Consumer Defense Legal Group)
Arbitration agreement was unconscionable and therefore unenforceable because it involved oppressive terms; prohibitively high fees; and a language plaintiff did not speak. 		Arbitration 4DCA/3 Feb. 5, 2025
People v. Townes
A threat of divine retribution to an indoctrinated victim was sufficient to support a finding of duress required for a forcible rape conviction. 		Criminal Law and Procedure 4DCA/3 Feb. 5, 2025
People v. Ellis
Defendant's kidnapping conviction for pulling the victim from the sidewalk to the middle of the street required reversal because the asportation element was unmet. 		Criminal Law and Procedure 2DCA/8 Feb. 5, 2025
Health Freedom Defense Fund, Inc. v. Carvalho
Order 		9th Feb. 5, 2025
Hardy v. Forest River, Inc.
Forum selection clause that waived unwaivable rights under Song-Beverly Act was unconscionable and unenforceable, and the clause could neither be rewritten nor properly severed to save the agreement. 		Consumer Law, Civil Procedure 2DCA/2 Feb. 4, 2025
D.G. v. Orange County Social Services Agency
Trial court improperly granted summary judgment for Social Services Agency, concluding erroneously that foster child's abuse was not foreseeable. 		Torts 4DCA/3 Feb. 4, 2025
Nabors Corporate Services, Inc. v. City of Long Beach
Arbitration awards against City of Long Beach for failing to identify project as "public work," fell within Labor Code Section 1781's scope allowing for subcontractor to seek indemnity against City. 		Government, Employment Law 2DCA/5 Feb. 4, 2025
Alameda County Taxpayers' Assn. v. County of Alameda
The text of Alameda County's Measure W explicitly provided for a general tax and therefore required only a simple majority to pass. 		Tax 1DCA/5 Feb. 4, 2025
Murphy v. AAA Auto Insurance of Southern California
Insurance claim was properly denied under explicit exclusion for vehicle damage caused while transporting property in exchange for compensation because collision occurred during driver's work as cannabis delivery driver. 		Insurance 4DCA/3 Feb. 4, 2025
Aquarian Foundation, Inc. v. Lowndes
The Copyright Act's license termination requirements did not apply to plaintiff because it was a non-statutory heir to the copyrights at issue. 		Copyright 9th Feb. 4, 2025
People v. Hin
Trial court abused its discretion in admitting rap song from a CD found in defendant's bedroom during both the guilt and penalty phases. 		Criminal Law and Procedure CASC Feb. 4, 2025
Election Integrity Project California, Inc. v. Lunn
Under Election Code Section 15104(d), an observer's "sufficiently close" access to view election procedures did not mean "breathing down the necks of the election workers." 		Government 2DCA/6 Feb. 3, 2025
Huntsman v. Corporation of the President
Summary judgment on fraud claim against church was appropriate where there was no evidence the church had knowingly made any misrepresentations of fact regarding its use of members' tithing funds. 		Torts, Constitutional Law 9th Feb. 3, 2025
Howard Jarvis Taxpayers Assn. v. Coachella Valley Water Dist.
Coachella Valley Water District's significantly discounted rates for commercial agricultural users were unlawful, and a refund remedy was constitutionally mandated. 		Constitutional Law, Water Rights 4DCA/2 Feb. 3, 2025
People v. Hamilton
Designation of federal felony conviction as equivalent to felony violation of state wobbler offense, resulting in requirement to register as a sex offender for life, did not violate equal protection. 		Criminal Law and Procedure 2DCA/3 Jan. 31, 2025
Martinez v. Sai Long Beach B, Inc.
Although used-car sales contract contained an attorney fees provision, Song-Beverly Act disallowed defendant from being awarded attorney fees as the prevailing party. 		Consumer Law, Contracts 2DCA/5 Jan. 30, 2025
In re Grand Jury Subpoena
Attorney could not be ordered to provide privilege log of documents transferred to the attorney for seeking legal advice that would still have been privileged in the client's hands. 		Attorneys, Constitutional Law 9th Jan. 30, 2025
Modification: Hearn v. Pacific Gas & Electric Co.
Plaintiff's defamation claim was not separately actionable from the wrongful termination claim he dropped before trial where the claims arose from the same wrongful conduct and requested the same damages. 		Employment Law, Torts 1DCA/3 Jan. 30, 2025
Doerr v. Shinn
Stay was warranted to allow death-row prisoner to present claims to Arizona state court in a second postconviction petition where failure to present evidence was the basis for his ineffective assistance claim. 		Habeas Corpus 9th Jan. 30, 2025
Ng v. Superior Court (Los Alamitos Medical Center Inc.)
Wrongful death and medical malpractice claims were sufficiently separate and distinct to warrant separate non-economic damage caps under the Medical Injury Compensation Reform Act. 		Torts, Health Care 4DCA/3 Jan. 30, 2025
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