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Name Category Published
Bullock v. City of Antioch
Issue preclusion did not bar retired employees' claim against city because the record provided no basis for concluding that retirees should reasonably have expected to be bound by union's prior grievance proceeding. 		Civil Procedure 1DCA/5 May 9, 2022
U.S. v. Begay
Second-degree murder constituted a crime of violence because defendant who acted with requisite mens rea to commit second-degree murder necessarily acted with at least extreme disregard for human life. 		Criminal Law and Procedure 9th May 6, 2022
San Luis Obispo Local v. Central Coast
The reciprocal attorney's fees provision of the Civil Code does not apply in a contract with a government agency that had no authority to enter into an attorney's fee provision in the first place. 		Contracts 2DCA/6 May 6, 2022
Morris v. JPMorgan Chase Bank
Plaintiff was a "borrower" capable of bringing claims under the Homeowners Bill of Rights since the stay on her bankruptcy filing was lifted prior to the allegedly improper foreclosure proceedings. 		Real Property 1DCA/4 May 6, 2022
Romero v. Shih
Exclusive implied easements are to be granted only under very specific situations. 		Real Property 2DCA/8 May 6, 2022
Ghukasian v. Aegis Security Insurance Company
Policyholder's mistake regarding property lines did not make her renovation damage to neighbor's property an accident for the purposes of coverage. 		Insurance 2DCA/4 May 6, 2022
Sirott v. Superior Court (Patel)
Plaintiff lacked standing to bring a derivative suit because it lacked continuous membership in the company, as it relinquished its membership during litigation. 		Corporations 1DCA/1 May 6, 2022
Bergstrom v. Zions Bancorporation
Bank's agent for service of process, and consequently bank, was liable for funds withdrawn from account after agent was negligent in reading a notice of levy. 		Banking 2DCA/2 May 6, 2022
Estate of Eskra
Plaintiff was not entitled to rescission of a premartial contract based on her unilateral mistake because she neglected to read the contract or confer with her attorney before signing. 		Contracts 1DCA/5 May 5, 2022
Health and Hospital Corp. v. Talevski
Order 		USSC May 5, 2022
Bartenwerfer v. Buckley
Order 		USSC May 5, 2022
Helix Energy Solutions v. Hewitt
Order 		USSC May 5, 2022
Shaw v. Superior Court (Beverages & More, Inc.)
Courts may apply doctrine of exclusive concurrent jurisdiction to stay a PAGA case until conclusion of another PAGA case involving the same defendant and similar claims and legal theories. 		Employment Law 1DCA/4 May 5, 2022
Stewart v. Aranas
Prison officials were not entitled to qualified immunity where their protracted "wait and see" treatment amounted to deliberate indifference and clearly violated prisoner's constitutional rights. 		Prisoners' Rights 9th May 5, 2022
Udo v. Garland
Plaintiff's petition for review of his Convention Against Torture claim was granted since the agency failed to give reasoned consideration to persuasive evidence of his persecution in Nigeria for homosexuality. 		Immigration 9th May 5, 2022
U.S. v. Hernandez-Garcia
Marine Corps did not violate the Posse Comitatus Act by surveilling defendant north of the California-Mexico border because military assistance to Border Patrol was authorized by the 2016 National Defense Authorization Act. 		Immigration 9th May 5, 2022
Doe v. Anderson Union High School Dist.
Based on the record, a school district did not have a duty to constantly monitor a teacher who eventually engaged in a sexual relationship with a student because to impose such a duty would be unreasonable. 		Torts 3DCA May 5, 2022
Fettig v. Hilton Garden Inns Management LLC
Plaintiff could not void a settlement agreement based on a claim that her attorney threatened her to accept the settlement, because defendant did not know about the supposed duress and relied on the settlement in good faith. 		Contracts 2DCA/8 May 5, 2022
In re A.R.
Juvenile court had authority to hold restitution hearing five years after sentencing hearing under Penal Code Section 730.6, even though the loss amounts were ascertainable during the sentencing hearing. 		Juveniles 2DCA/8 May 4, 2022
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 4, 2022
AIDS Healthcare Foundation v. City of Los Angeles
15-percent affordable housing requirement under the Community Redevelopment Law was rendered inoperative by the 2011 Dissolution Law, and the requirement did not survive as an "enforceable obligation." 		Government 2DCA/1 May 4, 2022
Miskey v. Kijakazi
Social Security Administration correctly determined that the Government Pension Offset, reducing the amount of Social Security spousal benefits paid to one receiving a government pension, applied to plaintiff. 		Administrative Agencies 9th May 4, 2022
Kubiak v. County of Ravalli
Plaintiff's acceptance of a Rule 68 offer of judgment prevailed over the court's grant of summary judgment for defendant that was granted while the offer was pending. 		Civil Procedure 9th May 4, 2022
People v. Whitmore
Assuming that the trial court erred in forcing a reluctant defendant to appear virtually, the error was harmless because the record did not reflect that an in-person hearing would have produced a more favorable result. 		Criminal Law and Procedure 4DCA/3 May 3, 2022
People v. Yang
Defendant who served time in competency treatment at state hospital showed that Penal Code Section 4019 violated equal protection by denying conduct credits he would have earned if he was receiving treatment in county jail. 		Criminal Law and Procedure 1DCA/3 May 3, 2022
People v. Padilla-Martel
City of San Francisco failed to show error in the trial court's finding that proposed stay-away orders against alleged street-level drug dealers were insufficiently tailored to pass constitutional muster. 		Constitutional Law 1DCA/2 May 3, 2022
Shurtleff, et al. v. City of Boston, Massachusetts, et al.
Because Boston did not sufficiently maintain control over the flag-raisings on its city hall flagpole they were not governmental speech and its refusal of a Christian flag constituted impermissible discrimination. 		Civil Rights USSC May 3, 2022
Wong v. Restoration Robotics
Federal court forum provision requiring that suits be brought in federal court did not implicate the "removal bar" provision of the Securities Act because removal was not at issue. 		Securities 1DCA/2 May 2, 2022
Wing v. Chico Healthcare & Wellness Centre
No U.S. Supreme Court cases reject the rule that there is no conflict between unwaivable Private Attorneys General Act claims and the Federal Arbitration Act. 		Arbitration 2DCA/5 May 2, 2022
People v. Cruz-Partida
Pointing a loaded gun in the general area of others can establish the requisite intent required for assault. 		Criminal Law and Procedure 1DCA/1 May 2, 2022
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