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Name Category Published
Himes v. Somatics
Order 		9th Apr. 4, 2022
Feltham v. Universal Protection Service, LP
The special risk exemption did not make employer liable for employee's negligence since it was employee-caused fatigue, not employer-caused fatigue, that proximately caused employee's off-duty car crash. 		Torts 1DCA/3 Apr. 1, 2022
Southwest Regional Council of Carpenters v. City of Los Angeles
Where an alternative project closely comported with and retained the original project's site specifications and size, the Environmental Impact Report's project definition was sufficiently accurate and stable. 		Environmental Law 2DCA/4 Apr. 1, 2022
Modification: In re J.Y.
The juvenile court abused its discretion by setting a hearing to place minor with relatives after the reunification period ended because there was no evidence that removal was necessary or in the child's best interest. 		Juveniles 2DCA/8 Apr. 1, 2022
M.S. v. A.S.
Trial court did not abuse its discretion by including couple's children in a domestic violence restraining order because there was substantial evidence of good cause supporting children's inclusion in the order. 		Family Law 1DCA/3 Apr. 1, 2022
Badgerow v. Walters
The "look-through" approach to determining federal jurisdiction does not apply to requests to confirm or vacate arbitral awards under the Federal Arbitration Act. 		Arbitration USSC Apr. 1, 2022
People v. Flores
Defendant's stipulation that preliminary hearing transcripts provided a factual basis for his guilty plea was not a binding admission for the purposes of resentencing. 		Criminal Law and Procedure 5DCA Mar. 31, 2022
People v. Kiger
Defendant's domestic battery charges were not eligible for enhanced penalties since the relevant prior conviction was for attempted domestic battery, not a completed domestic battery. 		Criminal Law and Procedure 4DCA/2 Mar. 31, 2022
Oertwich v. Traditional Village of Togiak
As long as it involves a federally-recognized tribe, tribal sovereign immunity extends to the tribe's governmental and commercial activities undertaken on or off its reservation. 		Native American Affairs 9th Mar. 31, 2022
Valenzuela v. City of Anaheim
Order 		9th Mar. 31, 2022
Artus v. Gramercy Towers Condominium Assn.
Absent abuse of discretion, trial courts are to be allowed broad discretion in determining who was the prevailing party when awarding attorney's fees, especially where there is thorough and comprehensive analysis. 		Civil Procedure 1DCA/2 Mar. 31, 2022
Save the Hill Group v. City of Livermore
A reissued final environmental impact report certification and the development project's approval could not stand because the report's no-project alternative discussion was inadequate. 		Environmental Law 1DCA/5 Mar. 31, 2022
People v. McMurray
Trial court was required to reconsider the California Department of Corrections and Rehabilitation Secretary's resentencing recommendations following the passage of Assembly Bill 1540, which effectively clarified existing resentencing law. 		Criminal Law and Procedure 3DCA Mar. 31, 2022
Kokubu v. Sudo
Movant's right to arbitrate was waived because substantial evidence supported the conclusion that movant acted in a manner that was inconsistent with an intent to arbitrate. 		Arbitration 2DCA/8 Mar. 31, 2022
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 Mar. 31, 2022
Scheer v. Regents of the University of California
The McDonnell Douglas burden-shifting analysis is not the proper test for whistleblower claims under the Labor Code and Government Code, and the test under Labor Code Section 1102.6 should be used instead. 		Civil Procedure 2DCA/3 Mar. 30, 2022
Modification: Monterey Coastkeeper v. Central Coast Regional Water Quality Control Bd.
A claim requesting the court to order the State Water Resources Control Board to review regional boards' actions did not allege a dispute amenable to resolution through declaration. 		Civil Procedure 3DCA Mar. 30, 2022
Aronow v. Superior Court (Emergent LLP)
When indigent party demonstrates inability to pay for arbitration, trial courts may provide opposing party the choice to pay for indigent party's arbitration fees or try the case in court. 		Attorneys 1DCA/4 Mar. 30, 2022
In re Bailey
Proposition 57, which amended the California Constitution to grant early parole consideration to persons convicted of a nonviolent felony offense, did not incorporate an in-person hearing requirement. 		Criminal Law and Procedure 3DCA Mar. 30, 2022
People v. Garcia
Upper term on defendant's second degree robbery sentence was vacated because trial court appeared to have relied upon factors in aggravation neither admitted nor found true beyond a reasonable doubt. 		Criminal Law and Procedure 2DCA/8 Mar. 30, 2022
People v. Holiman
No reasonable suspicion for a traffic stop that resulted in felony charges since defendant did not violate the Vehicle Code and nothing objectively suggested that he did. 		Constitutional Law 1DCA/2 Mar. 30, 2022
Haley v. Antunovich
Trial court did not abuse its discretion in ordering a mother to seek employment as in the best interest of the child because substantial evidence supported the seek-work order. 		Family Law 1DCA/3 Mar. 30, 2022
Modification: Chui v. Chui
A settlement agreement was not unconscionable because appellant's theory of "winning by losing at trial" was based on a misconception of law. 		probate_and_trusts 2DCA/1 Mar. 30, 2022
In re H.N.
Because possession of child pornography includes alternative sentencing language, it is a wobbler offense and requires juvenile courts to make a declaration of the offense as either a felony or misdemeanor. 		Juveniles 2DCA/6 Mar. 30, 2022
Modification: CIM Urban REIT 211 Main Street (SF) v. City and County of San Francisco
When there is a change of ownership, a San Francisco transfer tax is valid on the entities' real property even if the property is indirectly owned by the entity that experienced the change of ownership. 		Tax 1DCA/5 Mar. 30, 2022
Modification: In re Antonio R.
The duty of ensuring that proper inquiry is made regarding the possibility of a child's Native American ancestry falls on both the Department of Children and Family Services and the juvenile courts, not the parents or parents' families. 		Juveniles 2DCA/7 Mar. 30, 2022
People v. Kelley
The court was not required to modify a criminal protective order because the requirement that defendant not "knowingly" come within 400 feet of victim was implicit in the order. 		Criminal Law and Procedure 3DCA Mar. 30, 2022
B.D. v. Blizzard Entertainment
License Agreement for online gaming service that contained the entire agreement and required an affirmative click to continue provided sufficient notice of an arbitration agreement to a minor and his father. 		Arbitration 4DCA/1 Mar. 30, 2022
Brown v. El Dorado Union High School Dist.
High school football player's lawsuit against the school district was barred by the affirmative defense of an express assumption of risk due to a release and waiver he and his father signed. 		Education 3DCA Mar. 30, 2022
Mejia v. Roussos Construction, Inc.
In a misclassification case, the trial court improperly required plaintiff employees to prove that defendant was a hiring entity before placing the burden of the ABC test on defendant. 		Employment Law 3DCA Mar. 29, 2022
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