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People v. Love
Penal Code Section 1170.95 resentencing request was properly rejected when defendant's murder conviction established he acted alone with the requisite malice. 		Criminal Law and Procedure 2DCA/3 Jan. 15, 2025
Baca v. Kuang
A commercial landlord consented to a month-to-month tenancy by accepting multiple months of rent following the expiration of a notice to terminate tenancy. 		Real Property 1DCA/5 Jan. 15, 2025
U.S. v. Patnaik
H1-B visa applicants could be prosecuted for visa fraud regardless of whether the false information provided was in response to legally allowed questions. 		Immigration 9th Jan. 15, 2025
Tangle, Inc. v. Aritzia, Inc.
Copyright claim (in manipulable kinetic sculptures) alleging creative choices made by defendant were substantially similar to plaintiff's choices was sufficient to survive pleading stage. 		Copyright 9th Jan. 15, 2025
U.S. v. Rivera-Valdes
Order 		9th Jan. 15, 2025
Marriage of Goldman
Laches defense is available in Family Code proceedings not attempting to enforce a support judgment, but prejudice is still a required showing for a successful defense. 		Family Law 4DCA/1 Jan. 14, 2025
Gee v. National Collegiate Athletic Assocation
The assumption of risk doctrine applied to a plaintiff injured by an inherent risk of the sport (head hits), irrespective of whether the specific injury itself (CTE) was inherent to the sport. 		Torts 2DCA/8 Jan. 14, 2025
Stokes v. Forty Niners Stadium Management Co.
Negligence claim against defendant football stadium security lacked causation where the incident occurred too quickly for defendant to intervene. 		Torts 6DCA Jan. 14, 2025
Godoy-Aguilar v. Garland
California Penal Code Section 136.1(c)(1) is a categorical match for the generic federal offense of an aggravated felony relating to obstruction of justice. 		Immigration 9th Jan. 14, 2025
Jane Doe v. Uber Technologies, Inc.
Order 		9th Jan. 14, 2025
In re: Melanio L. Valdellon and Ellen C. Valdellon
Bankruptcy debtors stated plausible claim for relief where mortgage company sent statements showing past due balance even though default was cured through the plan and debtors made all postpetition payments. 		Bankruptcy BAP Jan. 13, 2025
Collins v. Diamond Generating Corp.
Trial court erred in not allowing for Privette jury instructions that could have potentially provided defendant, a partial indirect owner, with the same liability protections as the owner. 		Torts 4DCA/3 Jan. 10, 2025
Reese v. Select Portfolio Servicing, Inc.
Amendment could not cure defect to overcome demurrer where mortgage servicer remedied its alleged violation of Homeowner's Bill of Rights by waiting and recording a new notice of sale. 		Real Property 1DCA/4 Jan. 10, 2025
People v. Bravo
An enhancement that was originally stayed did not preclude resentencing under Penal Code Section 112.75. 		Criminal Law and Procedure 1DCA/2 Jan. 9, 2025
Barton v. Office of Navajo and Hopi Indian Relocation
Administrative agency's denial of Native American's relocation benefits' request due to improper application of appropriate standard necessitated reversal and remand. 		Native American Affairs 9th Jan. 9, 2025
Pollock v. Kelso
Attorney fee award was reasonable where the parties' conduct and settlement agreement in camera review demonstrated one was the prevailing party. 		Civil Procedure 2DCA/8 Jan. 9, 2025
Project Veritas v. Schmidt
Oregon's conversational privacy statute requiring that notice be given before oral conversations may be recorded does not violate the First Amendment. 		Constitutional Law 9th Jan. 8, 2025
Stokes v. Forty Niners Stadium Management Co., LLC
Order_and_opinion 		6DCA Jan. 14, 2025
Modification: People v. Hodge
Because trial court was under no statutory obligation to respond to defendant's Penal Code Section 1172.1 request for resentencing, case was not appealable and dismissed. 		Criminal Law and Procedure 2DCA/2 Jan. 7, 2025
People v. Collins
Liability for murder on a failure-to-protect theory requires the perpetrator to know to a substantial degree of certainty about a life-endangering act and fail to act in conscious disregard for life. 		Criminal Law and Procedure CASC Jan. 7, 2025
Charlie L. v. Kangavari
Health & Safety Code Section 1799.110's standards for emergency medical services applied in malpractice claim against physician, an on-call radiologist who remotely reviewed images for an ER patient on a "stat" basis. 		Health Care 2DCA/2 Jan. 6, 2025
Modification: Schneider v. Lane
Civil Code Section 845 did not obligate easement owner to construct a riverbank stabilization project separate from the right-of-way to protect the easement road from risk of the riverbank's future erosion. 		Real Property 3DCA Jan. 6, 2025
Grimm v. City of Portland
A warning slip placed on an illegally parked car's windshield two days before a car was to be towed provided notice reasonably calculated to inform car's owner. 		Civil Rights 9th Jan. 6, 2025
Consumer Financial Protection Bureau v. Cashcall, Inc.
Consumer lender failed to argue constitutional right to jury trial violation when it proceeded with a bench trial in the first phase of trial. 		Consumer Law 9th Jan. 6, 2025
JCCrandall, LLC v. County of Santa Barbara
Conditional use permit to cultivate cannabis was defeated by servient tenant's objection to easement on the grounds that cannabis is illegal under federal law. 		Real Property, Commercial Law 2DCA/6 Jan. 6, 2025
Greener v. M. Phelps, Inc.
Trial court did not err in choosing increased risk assumption of liability jury instruction when facts demonstrated that defendant jiu jiu-jitsu instructor chose to proceed with improper move. 		Torts 4DCA/1 Jan. 3, 2025
People v. Garcia
Gang-related evidence that was cumulative and prejudicial should not have been admitted at trial where the defendants requested bifurcation of gang enhancements because the evidence was more prejudicial than probative. 		Criminal Law and Procedure 4DCA/1 Jan. 3, 2025
In re Z.H.
The termination of parental rights for abandonment is determined based on the applicable parent's conduct rather than the legality of the proposed adoption. 		Family Law 2DCA/3 Jan. 3, 2025
Lombardo v. Gramercy Court
Where principal's actions did not evidence granting agent authority to enter into arbitration agreements, trial court did not err in denying petition to compel arbitration. 		Arbitration 3DCA Jan. 3, 2025
People v. Quintero
When record did not support that prosecutors' use of the words "monsters" and "predators" in their closing statement exhibited any racial bias, no violation of the Racial Justice Act occurred. 		Criminal Law and Procedure 1DCA/5 Jan. 3, 2025
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