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Name Category Published
In re M.E.
Welfare Department and juvenile court failed in their duty to further investigate children's possible Native ancestry under the Indian Child Welfare Act when reports were bereft of continued inquiry. 		Juveniles 3DCA May 26, 2022
P. v. Ramirez
A gang enhancement in a criminal trial may not be bifurcated retroactively under Penal Code Section 1109 as it is not an ameliorative measure. 		Criminal Law and Procedure 6DCA May 26, 2022
Allen v. Kijakazi
The prohibition of Social Security benefits to persons confined at public expense applies to persons civilly confined after a probable cause hearing under California's Sexually Violent Predator Act. 		Administrative Agencies 9th May 25, 2022
San Bernardino City Unif. School Dist. v. State Allocation Bd.
San Bernardino School District was not required to return unused hardship funding since the California regulation requiring return directly conflicted with the administrative regulation allowing them to keep the funds. 		Education 3DCA May 25, 2022
Shinn v. Martinez Ramirez
Under 28 U.S.C. Section 2254(e)(2), a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on the ineffective assistance of state postconviction counsel. 		Criminal Law and Procedure USSC May 24, 2022
Morgan v. Sundance, Inc.
A waiver of the right to arbitrate does not require a showing of prejudice to the opposing party. 		Arbitration USSC May 24, 2022
Smith v. Shinn
Order 		USSC May 24, 2022
Consumer Financial Protection Bureau v. Cashcall, Inc.
District court clearly erred in imposing lower penalties against a lending company because the danger that the company's conduct violated the Consumer Financial Protection Act was so obvious it must have been aware of it. 		Consumer Law 9th May 24, 2022
Andrews v. City of Henderson
Officers were not entitled to qualified immunity when the officers tackled a non-resisting suspect that they knew was not armed. 		Immunity 9th May 24, 2022
Sanchez v. Los Angeles Dept. of Transportation
E-scooter rider's Fourth Amendment privacy violation claim over real-time, scooter ride data collected, was foreclosed by the third-party doctrine. 		Constitutional Law 9th May 24, 2022
Saddozai v. Davis
District court erred in dismissing inmate's complaint where the inmate had exhausted his administrative remedies by the time he filed his operative third amended complaint. 		Prisoners' Rights 9th May 24, 2022
Naranjo v. Spectrum Security Services, Inc.
Failure to pay premium pay under Labor Code Section 226.7 can support relief for failure to pay wages upon termination and failure to provide accurate wage statements. 		Labor Law CASC May 24, 2022
Trinity v. Life Insurance Co. of North America
Insurance employee met her burden of challenging an arbitration agreement since she testified that she had not seen the agreement and would not have accepted the job had she known. 		Arbitration 2DCA/7 May 24, 2022
Myers v. Superior Court (People)
Mentally disordered offerer committee's one-year extension of commitment began when the previous term expired, even though the trial court did not order the extension until nine months after the expiration. 		Criminal Law and Procedure 5DCA May 24, 2022
Modification: People v. Perez
After changes to Penal Code Section 1170.95, invalidated, non-final convictions are to be reversed and remanded to allow prosecutors to retry the counts on the new law. 		Criminal Law and Procedure 2DCA/3 May 24, 2022
Casey v. Hill
Trial court erred in ruling that Missouri court's exercise of personal jurisdiction violated due process because trial court ignored the material jurisdictional facts that were sufficient to satisfy the jurisdictional inquiry. 		Civil Procedure 4DCA/1 May 24, 2022
Cardenas v. Horizon Senior Living, Inc.
The statute of limitations for wrongful death claim against the senior living facility was not revived by felony convictions against the facility's staff under Code of Civil Procedure Section 340.3. 		Civil Procedure 2DCA/6 May 23, 2022
Modification: County of Santa Clara v. Superior Court (Doctors Medical Center of Modesto)
Under Government Code Section 815, county was immune from noncontracting hospitals' claims for emergency service reimbursement because the alleged breach was based in tort rather than contract. 		Immunity 6DCA May 23, 2022
Modification: People v. Lopez
"Actual killer" as used in the revised felony-murder rule refers to someone who personally killed the victim, as opposed to merely setting the chain of events in motion that lead to the victim's death. 		Criminal Law and Procedure 4DCA/3 May 23, 2022
Modification: Divino Plastic Surgery, Inc. v. Superior Court (Espinoza)
Statutory deadline for leave to include punitive damages in a health care provider negligence claim demanded strict compliance where plaintiffs were aware of facts necessary to move to amend. 		Civil Procedure 4DCA/1 May 23, 2022
Los Angeles Police Protective League v. City of Los Angeles
A law requiring complainants to sign an advisory informing complainant that filing a knowingly false complaint against a peace officer is a crime was permissible content-based discrimination. 		Constitutional Law 2DCA/7 May 23, 2022
Padilla v. City of San Jose
Plaintiffs were required to pay garbage collection fees under protest before filing their putative class action challenging those charges. 		Civil Procedure 6DCA May 23, 2022
U.S. v. Randall
Sentence enhancement for distribution of child pornography in exchange for valuable consideration does not require that defendant actually received the valuable consideration. 		Criminal Law and Procedure 9th May 23, 2022
Unite Here Local 30 v. Sycuan Band
District court did not abuse its discretion in declining to exercise supplemental jurisdiction over counterclaim that rested on an issue of contract validity because it was for the arbitrator to decide. 		Civil Procedure 9th May 23, 2022
Islas v. Superior Court (People)
Petitioner was categorically ineligible for diversion under Penal Code Section 1001.95 for her misdemeanor DUI case pursuant to Vehicle Code Section 23640's unambiguous prohibition of diversion for all DUI cases. 		Criminal Law and Procedure 6DCA May 23, 2022
Canyon Vineyard Estates I v. DeJoria
Intent to create a conservation easement was supported by overwhelming extrinsic evidence. 		Real Property 2DCA/3 May 20, 2022
People v. Owens
Considering the totality of the circumstances, substantial evidence supported the finding that defendant acted with reckless indifference to human life. 		Criminal Law and Procedure 2DCA/6 May 20, 2022
People v. Maplebear Inc.
Instacart could not compel arbitration of San Diego's Unfair Competition claims since the City was authorized to obtain relief and the workers who signed an arbitration agreement had no legal involvement. 		Arbitration 4DCA/1 May 20, 2022
Modification: Hassaine v. Club Demonstration Services, Inc.
Independent contractor that operated food sample tables had a special relationship with Costco shoppers that gave rise to a duty to exercise reasonable care irrespective of its contract with Costco. 		Torts 4DCA/1 May 20, 2022
People v. Miller
The trial court properly voided a grant deed transferring title since the broker pled no contest to procuring or offering a false or forged instrument under Penal Code Section 115(e). 		Real Property 1DCA/3 May 20, 2022
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