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Name Category Published
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
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
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