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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
In Re Subpoena Internet Subscribers
Under the Digital Millennium Copyright Act, a section 512(h) subpoena cannot issue to a section 512(a) service provider (who merely provides users with internet connection), as a matter of law.
Intellectual Property, Cyber Law 9th Aug. 18, 2025
Grijalva v. ADP Screening & Selection Services Inc.
While the fact of plaintiff's ineligibility for a program was an "ongoing" event, excepted from the Fair Credit Reporting Act's 7-year reporting limit, the reasons underlying her ineligibility (a suspended nursing license) were not.
Consumer Law 9th Aug. 18, 2025
Gibson v. Cendyn Group LLC
Las Vegas hotels' use of the same software to provide recommendations for what price to advertise for hotel rooms was insufficient to state an antitrust violation claim.
Antitrust 9th Aug. 18, 2025
People v. Pena
Penal Code section 136.2(i)(1) does not authorize trial courts to issue protective orders for victims of a crime other than the one of which defendant was convicted.
Criminal Law and Procedure 2DCA/7 Aug. 15, 2025
Sandoval v. Pali Institute
Trial court erred in completely denying camping company's anti-SLAPP motion when some of plaintiff camp attendees' claims involved protected "public debate" speech: gender-identity discussions.
Anti-SLAPP, Education 4DCA/3 Aug. 15, 2025
Anaheim Mobile Estates v. State of California
Complaint failed to establish that Civil Code section 798.30.5 (limiting mobile home rent increases) is "confiscatory" in nature and thus facially unconstitutional.
Constitutional Law, Civil Procedure 4DCA/3 Aug. 15, 2025
Foothills Christian Ministries v. Johnson
Religious institutions lacked standing to pursue First Amendment Free Exercise claim against state's licensure requirement for day care facilities because there was no "credible threat" of the provision's enforcement.
Constitutional Law, Civil Procedure 9th Aug. 15, 2025
Renteria-Hinojosa v. Sunsweet Growers, Inc.
Federal Labor Management Relations Act section 301 preempted only plaintiff's untimely-wages claim.
Employment Law, Labor Law 9th Aug. 15, 2025
Holland v. Silverscreen Healthcare, Inc.
*Ruiz v. Podolsky* did not require plaintiffs to arbitrate their wrongful death claim regarding defendant nursing facility's alleged neglect of their son's basic welfare and safety needs.
Arbitration, Health Care CASC Aug. 15, 2025
People v. Hayde
Trial court erred in not taking into account various factors of veteran's history to resentence him pursuant to Penal Code section 1170.91.
Criminal Law and Procedure 4DCA/3 Aug. 14, 2025
Nwauzor v. The GEO Group, Inc.
Order
9th Aug. 14, 2025
Pitt v. Metropolitan Tower Life Insurance Co.
Order
9th Aug. 14, 2025
Sceper v. County of Trinity
County was not bound by agreement regarding valuation of an individual assessment entered by its board of supervisors when it was not sitting as a board of equalization.
Tax, Government 3DCA Aug. 12, 2025
Frankland v. Etehad
No Elder Abuse Act violation against nursing facility physician when physician's interaction with patient was limited, not amounting to a "robust" caregiver relationship as required by the statute.
Health Care, Torts 2DCA/5 Aug. 12, 2025
Ramirez v. McCormack
Because plaintiff's claims against defendant attorney involved litigation-related speech, trial court erred in denying defendant attorney's anti-SLAPP motion.
Attorneys, Anti-SLAPP 2DCA/8 Aug. 12, 2025
Sandton Agriculture Investments III, LLC v. 4-S Ranch Partners, LLC
Former landowner was not entitled to floodwater following land foreclosure, as it was part of the real property.
Water Rights 5DCA Aug. 12, 2025
U.S. Securities and Exchange Commission v. Barry
Sales agents' actions--in promoting and selling life settlements' fractional interests--met the Security Exchange Act's definition of "securities" and thus violated securities laws.
Securities 9th Aug. 12, 2025
The Satanic Temple v. Labrador
Religious group lacked either associational or organizational standing when it failed to identify specific members injured by Idaho's anti-abortion law.
Civil Procedure, Constitutional Law 9th Aug. 12, 2025
Hohenshelt v. Superior Court (Golden State Foods Corp.)
While the FAA does not preempt CCP section 1281.98 (governing payment of arbitration fees), the statute does not abrogate longstanding principles preventing unjust forfeitures of contractual rights, e.g., excusable neglect.
Arbitration CASC Aug. 12, 2025
Birdsall v. Helfet
Where there were "outward manifestations" presenting triable issues of material fact surrounding whether the parties' consented to contract, granting summary adjudication was error.
Contracts, Insurance 1DCA/2 Aug. 13, 2025
Bieganski v. Shinn
Because Arizona's statutory scheme shifted the burden of proving an essential element of the sexual molestation crime, it unconstitutionally violated the Due Process Clause.
Criminal Law and Procedure, Habeas Corpus 9th Aug. 13, 2025
Wyatt B. v. Kotek
District court erred in finding that foster children in Oregon's legal but not physical custody lacked substantive due process interests.
Dependency, Constitutional Law 9th Aug. 13, 2025
Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc.
The federal Defend Trade Secrets Act (unlike the California Uniform Trade Secrets Act) does not require a plaintiff to identify trade secrets "with reasonable particularity" before discovery, and federal courts should use an iterative process to sufficiently identify trade secrets.
Intellectual Property 9th Aug. 13, 2025
Williams v. J.B. Hunt Transport, Inc.
Despite being an atypical compensation plan, hauling company's driver compensation scheme met California's hybrid employee compensation plan minimum wage requirements.
Employment Law 9th Aug. 13, 2025
True Health Chiropractic, Inc. v. McKesson Corp.
Order
9th Aug. 13, 2025
Novalpina Capital Partners I GP S.A.R.L. v. Read
Documents produced "for use" in specific foreign proceedings under 28 U.S.C. section 1782 may be used in other proceedings, absent an order to the contrary.
Civil Procedure 9th Aug. 13, 2025
Engilis v. Monsanto Company
District court properly excluded expert witness's opinion that plaintiff's exposure to Roundup likely caused blood cancer because expert's differential etiology was unreliable.
Evidence 9th Aug. 13, 2025
Center for Biological Diversity, Inc. v. Public Utilities Com.
Public Utilities Commission's interpretation of the Public Utilities Code was no longer entitled to uniquely deferential standard of review given legislation expanding judicial review of most Commission decisions.
Utilities CASC Aug. 8, 2025
In re TBH19, LLC
Bankruptcy court properly granted chapter 7 trustee's fee application even though the requested compensation exceeded the proposed distribution to unsecured creditors.
Bankruptcy BAP Aug. 11, 2025
Camarillo Sanitary District v. State Water Resources Control Board
State Water Board could not utilize Test of Significant Toxicity introduced, but not adopted, by the Environmental Protection Agency to measure water toxicity.
Environmental Law 5DCA Aug. 7, 2025