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Name Category Published
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 2, 2022
People v. Anderson
Defendant's testimony from prior parole suitability hearings was admissible at his resentencing hearing because a sentence reduction is an "act of lenity," not implicating defendant's Fifth Amendment rights. 		Criminal Law and Procedure 1DCA/4 May 2, 2022
People v. Delgado
While appellant was not entitled to a youth offender parole hearing under equal protection, he was entitled to a *Franklin* hearing to consider youth-related factors under Penal Code Section 4801. 		Criminal Law and Procedure 4DCA/3 May 2, 2022
Leshane v. Tracy VW, Inc.
Defendants could not compel arbitration of plaintiffs' Private Attorneys General Act claims since plaintiffs had removed their arbitrable non-PAGA claims in their amended complaint. 		Arbitration 3DCA May 2, 2022
Amended Opinion: Riley's American Heritage Farms v. Elsasser
In a First Amendment claim, school board and administrators may be liable for canceling a field trip to plaintiff's establishment based on plaintiff's controversial, political tweets. 		Civil Rights 9th May 2, 2022
Deem v. The William Powell Co.
Under Maritime law, the statute of limitations for wrongful death claims begins to accrue on the date of death, rather than when the illness was diagnosed. 		Maritime Law 9th May 2, 2022
U.S. v. Phillips
Private citizen who accessed child pornography on defendant's computer at the direction of law enforcement was a permissible governmental search because private citizen merely mimicked her earlier search. 		Criminal Law and Procedure 9th May 2, 2022
Where Do We Go Berkeley v. California Dept. of Transportation
There was not a serious question as to whether plaintiffs' preliminary injunction fundamentally altered Caltrans' policies since the six-month delay prevented Caltrans from addressing the homeless encampments' public safety threat. 		Disability Discrimination 9th May 2, 2022
AIDS Healthcare Foundation et al. v. City of Los Angeles (CEQA)
The 15-percent affordable housing requirement is no longer required pursuant to the Dissolution Law and, even if it applies, it might not apply to individual project. 		Government 2DCA/1 May 2, 2022
People v. Czirban
Court's jurisdiction over restitution order issued in criminal case did not provide court with authority to review Workers' Compensation Appeals Board's order approving deduction of attorney fees from settlement agreement. 		Workers' Compensation 6DCA Apr. 29, 2022
County of San Bernardino v. Superior Court (The Red Brennan Group)
County was immune from liability when group spent more than $250,000 obtaining more signatures than needed after the County misrepresented the number of signatures needed for initiative to qualify to be on a ballot. 		Immunity 4DCA/2 Apr. 29, 2022
Grove v. Juul Labs, Inc.
Former employee could not bring shareholder class action in California since forum selection provision in Juul's corporate charter was only voidable by an employee, not a shareholder. 		Civil Procedure 1DCA/3 Apr. 29, 2022
Modification: People v. Johnson & Johnson
Substantial evidence did not support the trial court's finding that companies' oral marketing communications about their pelvic mesh products were likely to deceive doctors. 		Consumer Law 4DCA/1 Apr. 29, 2022
Cummings v. Premier Rehab Keller
Emotional distress damages were not recoverable under either the Rehabilitation Act or the Affordable Care Act in a private action against a recipient of federal funds. 		Constitutional Law USSC Apr. 29, 2022
LeDure v. Union Pacific Railroad Co.
Order 		USSC Apr. 29, 2022
Conservatorship of Eric B.
Committed persons found not guilty of crimes by reason of insanity and Lanterman-Petris-Short Act conservatees are similarly situated for purposes of the right not to give compelled testimony. 		Conservatorship CASC Apr. 29, 2022
Dameron Hospital Association v. AAA Northern California, Nevada & Utah Insurance Exchange
Under the Knox-Keene Health Care Services Plan Act, hospital could not enforce conditions of admission since they were collecting more payment from the client than was negotiated with the insurance company. 		Insurance 3DCA Apr. 28, 2022
People ex rel. City of San Diego v. Experian Data Corp.
Contingency fee arrangements between the City of San Diego and private law firms, in an Unfair Competition Law action filed by the city's attorneys, did not violate the prosecutor's duty of neutrality. 		Attorneys 4DCA/3 Apr. 28, 2022
Modification: Gajanan v. City and County of San Francisco
Hotel owners and management company met burden of showing "ordinary care" regarding payment of taxes when they hired and relied on controller's false statements and accounting. 		Tax 1DCA/2 Apr. 28, 2022
Modification: Foxcroft Productions, Inc. v. Universal City Studios LLC
The term "photoplay" in a 1971 contract with Universal unambiguously encompassed episodes of hit television series Columbo based on its usage in the contract. 		Contracts 2DCA/8 Apr. 28, 2022
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 Apr. 28, 2022
The Geo Group v. Newsom
Order 		9th Apr. 28, 2022
U.S. v. Rosenow
Yahoo and Facebook's search of child pornographer's data was not a Fourth Amendment violation as they had legitimate, independent reasons to do so. 		Civil Rights 9th Apr. 28, 2022
Kaufmann v. Kijakazi
Provision that allowed removal of the Commissioner of Social Security by the president only for neglect or malfeasance was unconstitutional and severable but claimant could not show actual harm from provision. 		Constitutional Law 9th Apr. 28, 2022
People v. Ramos
Defendant's gang enhancement was reversed because the existing record was insufficient to support the heightened evidentiary requirements set forth by amended Penal Code Section 186.22. 		Criminal Law and Procedure 5DCA Apr. 28, 2022
People v. Weisner
In an appeal from orders denying postconviction relief, the defendant does not have the right to submit his or her own arguments to the court as an individual, instead of through counsel. 		Criminal Law and Procedure 3DCA Apr. 28, 2022
Swallow v. California Gambling Control Commission
The California Gambling Control Commission's imposition of a $13 million monetary penalty was unsustainable under the Gambling Control Act because it exceeded the maximum assessable amount. 		Gaming 3DCA Apr. 28, 2022
Hahn v. New York Air Brake LLC
In an asbestos suit, a manufacturer was properly substituted for a Doe defendant where plaintiff did not discover facts to establish a cause of action against the manufacturer until after the complaint was filed. 		Civil Procedure 1DCA/5 Apr. 27, 2022
Lincoln v. Lopez
Appellant's claim of electioneering was denied since the legislature did not intend an absolute 100-foot prohibition on electioneering near drop boxes and the other candidate's violation, if any, was inadvertent. 		Civil Procedure 1DCA/2 Apr. 27, 2022
Modification: Mireskandari v. Edwards Wildman Palmer LLP
Plaintiff showed causation for malpractice claim against former attorneys since he would not have incurred costs and fees from anti-SLAPP motion had he been properly advised before filing his lawsuit. 		Attorneys 2DCA/3 Apr. 27, 2022
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