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Name Category Published
Mendoza v. Trans Valley Transport
Notwithstanding a delegation clause, the question of whether the parties entered into an agreement to arbitrate is a matter for the court, not the arbitrator, to decide. 		Arbitration 6DCA Mar. 3, 2022
LGCY Power v. Superior Court (Sewell)
An employee did not need to raise an otherwise compulsory cross-complaint in a Utah lawsuit because the California Labor Code mandated that such a dispute be resolved in California. 		Civil Procedure 5DCA Mar. 3, 2022
In re Mia M.
The Department of Children and Family Services failed to make reasonable efforts to inform a parent of a disposition hearing because it failed to investigate the most likely avenues for finding the parent. 		Juveniles 2DCA/5 Mar. 3, 2022
Perez v. City and County of San Francisco
Summary judgment was improperly granted when a jury could infer that a police officer, whose firearm was stolen and used to kill, was acting within the scope of his employment when he left his gun in his car after work. 		Employment Law 1DCA/5 Mar. 3, 2022
People v. Rodriguez
Increased evidentiary requirements to prove gang-related crimes and enhancements must be applied retroactively and requires proof that the benefit to the street gang is more than just reputational. 		Criminal Law and Procedure 5DCA Mar. 3, 2022
Twitter v. Paxton
A case was not prudentially ripe because the attorney general was still in the process of investigating and had not even decided whether to pursue claims. 		Constitutional Law 9th Mar. 3, 2022
Milkovich v. U.S.
Because a mortgage was valid at the outset, the district court erred in concluding that the mortgage lacked economic substance even though the market value of the property had declined below the mortgage balance. 		Tax 9th Mar. 3, 2022
Cooper v. Newsom
Order 		9th Mar. 3, 2022
People v. Faial
Assembly Bill 1950, which generally limits probation terms to two years, does not apply retroactively when the trial court's revocation and termination of defendant's probation occurred before the bill's effective date. 		Criminal Law and Procedure 1DCA/3 Mar. 2, 2022
Kuhnel v. Superior Court (People)
When defendant was validly on probation when her probation was revoked and the probation violation hearing never occurred, Assembly Bill 1950 does not apply and the probation period is tolled until the formal probation hearing occurs. 		Criminal Law and Procedure 1DCA/3 Mar. 2, 2022
People v. Davis
Expert testimony based on the STRmix method of DNA analysis was admissible because the method is accepted as reliable by the relevant scientific community. 		Evidence 3DCA Mar. 2, 2022
Tailford v. Experian Information Solutions
Under the Fair Credit Reporting Act, information credit reporting agencies are mandated to provide consumers does not include behavioral data or other information not enumerated in Section 1681(g) of the Act. 		Consumer Law 9th Mar. 2, 2022
Modification: People v. E. H.
Changes to the gang-enhancement statute merited reversal of conviction because it was not conclusive that the jury instructions were harmless beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Mar. 2, 2022
Mendoza v. Trans Valley Transport
Order_and_opinion 		6DCA Mar. 2, 2022
Shenefield v. Shenefield
Under Family Code Section 3111(d), attorneys may be sanctioned for unwarranted disclosure of a confidential custody evaluation. 		Family Law 4DCA/1 Mar. 1, 2022
Gordon College v. DeWeese-Boyd
Order 		USSC Mar. 1, 2022
Holcombe v. Florida
Order 		USSC Mar. 1, 2022
Haaland v. Brackeen
Order 		USSC Mar. 1, 2022
Cherokee Nation v. Brackeen
Order 		USSC Mar. 1, 2022
Texas v. Haaland
Order 		USSC Mar. 1, 2022
Brackeen v. Haaland
Order 		USSC Mar. 1, 2022
People v. Phillips
Evidence of defendant's prior involvement in a similar crime may be used to negate claims of innocence especially where circumstances were factually analogous. 		Criminal Law and Procedure 1DCA/2 Mar. 1, 2022
Hoffman v. Preston
The court extended the Bivens remedy to allow suit against a guard who allegedly created a substantial risk of harm to plaintiff prisoner. 		Criminal Law and Procedure 9th Mar. 1, 2022
Ochoa v. City of Mesa
The district court correctly applied the purpose-to-harm test because police officers did not have time to deliberate shooting decedent. 		Civil Rights 9th Mar. 1, 2022
Gantner v. PG&E Corp.
Order 		9th Mar. 1, 2022
Modification: People v. Vasquez
A gang enhancement did not require a showing that an umbrella gang and local subset were connected, because the umbrella gang alone satisfied the requirements. 		Criminal Law and Procedure 5DCA Feb. 28, 2022
Broadcast Music, Inc. v. Structured Asset Sales
A sanctions motion was improperly filed because the contested motion was resolved by the court during the 21-day safe harbor period. 		Civil Procedure 2DCA/2 Feb. 28, 2022
Srouy v. San Diego Unified School District
A school district did not have a mandatory duty to defend a student who was sued by a school football referee. 		Education 4DCA/1 Feb. 28, 2022
People v. Flores
The probative value of defendant's prior acts evidence concerning his propensity to commit domestic violence outweighed any danger of undue prejudice. 		Criminal Law and Procedure 1DCA/3 Feb. 28, 2022
Modification: McMillin v. Eare
A deed, having been physically delivered to the grantee by the grantor, took effect at once and was valid without the oral conditions. 		Real Property 2DCA/8 Feb. 28, 2022
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