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Name Category Published
People v. Vital
CALCRIM No. 1128 was improper and prejudicial because it did not reflect the minimum age requirement for Penal Code Section 288.7(b) conviction as applying only to the direct perpetrator. 		Criminal Law and Procedure 2DCA/3 Oct. 7, 2019
Amended Opinion: Capp v. County of San Diego
Defendant not entitled to qualified immunity because plaintiff pled a plausible First Amendment retaliation claim; thus, district court's dismissal reversed in part. 		Constitutional Law 9th Oct. 7, 2019
Litinsky v. Kaplan
Malicious prosecution claim could not succeed because evidence showed that attorney had probable cause to prosecute prior lawsuit against plaintiff on behalf of her client; thus, anti-SLAPP motion properly granted. 		Civil Procedure 2DCA/2 Oct. 7, 2019
Garcia v. Myllyla
Punitive damages were neither improper nor excessive, and the jury could consider the effect of events prior to the statute of limitations period on plaintiffs' sensitivity to events during the period. 		Remedies 2DCA/2 Oct. 7, 2019
Jimenez v. Superior Court
Superior court abused its discretion by issuing discovery order in habeas proceedings since district attorney's attempt to compel disclosures was premature and did not defeat qualified work-product protection. 		Civil Rights 2DCA/4 Oct. 4, 2019
Rosenblatt v. City of Santa Monica
When a city ordinance limiting short-term property rentals in residential zones applies to in-state and out-of-state residents equally, the Dormant Commerce Clause is not violated. 		Constitutional Law 9th Oct. 4, 2019
Modification: People v. Financial Casualty & Surety, Inc.
Appellant failed to establish the trial court failed any requirement to forfeit bond at hearing for which the clerk failed to indicate whether or not defendant was present. 		Criminal Law and Procedure 4DCA/1 Oct. 4, 2019
Chico Advocates for a Responsible Economy v. City of Chico
Likely loss of "close and convenient shopping" was not an environmental issue requiring review under CEQA, and the City of Chico's reasons for its decisions were not clearly inadequate or unsupported. 		Environmental Law 3DCA Oct. 4, 2019
People v. Lee
Under Proposition 64, a legal amount of cannabis found in possession of a driver during a traffic stop, may not establish probable cause to perform a warrant-less search. 		Criminal Law and Procedure 4DCA/1 Oct. 4, 2019
Nejadian v. County of Los Angeles
Plaintiff failed to present sufficient evidence to support the jury's verdict on both of his retaliation causes of action, and the trial court's jury instruction on plaintiff's FEHA claim was erroneous. 		Employment Law 2DCA/4 Oct. 3, 2019
B.M. v. Superior Court
Senate Bill 1391 protects minors from transfers to criminal court and is valid because it furthers each of Proposition 57's express purposes, including the bill's goal of limiting prosecutorial discretion. 		Juveniles 4DCA/2 Oct. 3, 2019
People v. Gastelum
'People v. Chiu' holding does not extend to first degree lying-in-wait murder due to this type of murder being morally and legally distinguishable from first degree premeditated murder. 		Criminal Law and Procedure 4DCA/1 Oct. 3, 2019
Tesoro Logistic Operations, LLC v. City of Rialto
A tax that taxes the ownership of a facility's storage tanks regardless of whether the tanks are used is a real property tax, not a business license tax. 		Real Property 4DCA/2 Oct. 3, 2019
People v. Tejeda
Defendant's conduct at trial was inconsistent with assumptions underlying previous competency finding to such an extent that the trial court was under a duty to declare doubt as to defendant's competence. 		Criminal Law and Procedure 4DCA/1 Oct. 3, 2019
Travelers Property Casualty v. Workers' Comp. Appeals Bd.
Under Insurance Code Section 116633, an agreement between insurers of general and special employers regarding injuries to special employees does not need to be signed in order to be enforceable. 		Workers' Compensation 2DCA/1 Oct. 3, 2019
Modaraei v. Action Property Management, Inc.
Trial court's denial of plaintiff's motion for class certification, based on findings that individual questions would predominate and plaintiff's trial plan was inadequate, was not erroneous. 		Civil Procedure 2DCA/1 Oct. 2, 2019
O.G. v. Superior Court
Senate Bill No. 1391 was inconsistent with Proposition 57 as a matter of law because it prohibited what Proposition 57 authorized, so petitioner may be prosecuted in adult court. 		Juveniles 2DCA/6 Oct. 2, 2019
Teamsters Local 2010 v. Regents of the Univ. of Cal.
A trier of fact could reasonably find bulletin defendant sent to students regarding unionizing was an attempt to 'influence' employees' decision to join union; thus, anti-SLAPP motion was properly denied. 		Government 1DCA/5 Oct. 2, 2019
Williams-Sonoma Song-Beverly Act Cases
Under the Song-Beverly Credit Card Act, liability depends on whether a person believes that providing their personal identification information is a condition to a credit card payment being accepted. 		Consumer Law 1DCA/3 Oct. 2, 2019
People v. Carranza
Limited remand was necessary to allow appellant the opportunity to make a record of information relevant to his eventual youth offender parole hearing. 		Criminal Law and Procedure 1DCA/5 Oct. 2, 2019
People v. Hooper
Under the Code of Civil Procedure Section 177.5, the Department of State Hospitals is considered a 'person' and therefore monetary sanctions may be imposed due to not following a Standing Order. 		Civil Procedure 1DCA/4 Oct. 2, 2019
Salazar v. McDonald's Corp.
Because franchisor did not retain control of day-to-day aspects of work at franchises, and merely asserted quality control, franchisor was not a joint employer of franchisee. 		Employment Law 9th Oct. 2, 2019
Modification: People v. Nzolameso
'Birchfield v. North Dakota' did not prohibit finding implied consent because defendant could choose from three tests, and was not forced to choose between a blood test or criminal penalties. 		Criminal Law and Procedure 2DCA/8 Oct. 2, 2019
San Diego Navy Broadway Complex Coalition v. Cal. Coastal Com.
Plaintiff was not genuinely ignorant of defendants' identities at the time of filing suit, so equitable tolling was improper and dismissal due to the statute of limitations was required. 		Civil Procedure 4DCA/1 Oct. 1, 2019
Ghezavat v. Harris
CACI No. 724 adequately explained to jury that joint owner of truck was not liable for negligent entrustment if he did not permit tortfeasor's use. 		Torts 1DCA/5 Oct. 1, 2019
Modification: Mancini & Associates v. Schwetz
Civil Code Section 47(b) litigation privilege did not bar plaintiff's claims because defendant engaged in a course of tortious conduct depriving plaintiff of attorney fees. 		Torts 2DCA/6 Oct. 1, 2019
In re Bolton
Petitioner's combined prison sentence for crimes he committed as a juvenile, exceeded his natural lifespan; thus, his sentence violated cruel and unusual punishment prohibition of Eighth Amendment. 		Criminal Law and Procedure 3DCA Oct. 1, 2019
Naranjo v. Spectrum Security Services, Inc.
Labor Code Section 226.7 actions for premium wage as statutory remedy does not entitle employees to pursue derivative penalties under Sections 203 and 226. 		Labor Law 2DCA/4 Sep. 30, 2019
Terrell v. State Farm General Ins. Co.
Owner's maintenance of rental home was not an activity ordinarily incident to nonbusiness pursuits and thus insurance claim fell under business pursuits exclusion of homeowners insurance policy. 		Insurance 1DCA/1 Sep. 30, 2019
Fernandez v. Jimenez
Because decedent was a single, loving and loved mother, $11,250,000 to each of her four children, three of whom were minors, did not shock the conscience. 		Remedies 2DCA/3 Sep. 30, 2019
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