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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
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
Starbuzz International v. California Dept. of Tax and Fee Admin.
Although the Office of Tax Appeals granted plaintiff $2.8 million in excise tax refunds, the Department of Tax and Fee Administration had authority to review excess reimbursements before issuing the refunds. 		Tax 3DCA Aug. 28, 2025
Palmer v. Trevino
Remedial redistricting map drawn based on traditional districting principles in order to remedy violations of the Voting Rights Act did not violate Section 2 of the Voting Rights Act. 		Government 9th Aug. 28, 2025
U.S. v. Hunt
Despite defendant retaining a privacy interest in abandoned iPhone, because the subsequent search was warrant-based and reasonable, there was no Fourth Amendment violation. 		Criminal Law and Procedure, Evidence 9th Aug. 28, 2025
Ibarra-Perez v. U.S.
Immigration and Customs Enforcement's removal of Cuban asylum seeker to Mexico without process was not jurisdictionally barred from review as an execution order under 8 U.S.C. section 1252. 		Immigration 9th Aug. 28, 2025
Dudley v. Boise State University
University's rescission of bachelor's degree without an opportunity to cross-examine any of the university-affiliated witnesses against her in a conduct hearing violated procedural due process requirements. 		Constitutional Law 9th Aug. 28, 2025
Ambrosetti v. Oregon Catholic Press
In copyright lawsuit, though the district court properly excluded late-disclosed evidence, it erred in granting summary judgment to defendants because genuine issues of access and similarity still remained. 		Copyright 9th Aug. 28, 2025
Cascadia Wildlands v. Bureau of Land Management
Agency interpretation of genuinely ambiguous provision in land use plan was entitled to deference, and under that interpretation, the agency's approval of forest management activity was not arbitrary or capricious. 		Environmental Law 9th Aug. 28, 2025
Bjoin v. J-M Manufacturing Co.
Substantial evidence supported affirmative defense that plaintiff was a sophisticated user of asbestos cement pipes. 		Torts 2DCA/8 Aug. 27, 2025
Byrne v. Rule
Suit to enforce Brown Act closed-session confidentiality fell within anti-SLAPP public-interest exception. 		Anti-SLAPP, Municipal Law 2DCA/6 Aug. 27, 2025
People v. Gutierrez
Upon prima facie showing for relief under Penal Code section 1473.7 (insufficient advisement of immigration consequences), a court is required to appoint counsel to an indigent defendant. 		Criminal Law and Procedure 2DCA/5 Aug. 27, 2025
Popa v. Microsoft Corporation
Plaintiff lacked Article III standing because the alleged harm she suffered as a result of defendants' tracking of her website activities was not concrete. 		Cyber Law, Consumer Law 9th Aug. 27, 2025
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