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Modification: 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 23, 2022
Modification: Divino Plastic Surgery, Inc. v. Superior Court (Espinoza)
Statutory deadline for leave to include punitive damages in a health care provider negligence claim demanded strict compliance where plaintiffs were aware of facts necessary to move to amend. 		Civil Procedure 4DCA/1 May 23, 2022
Los Angeles Police Protective League v. City of Los Angeles
A law requiring complainants to sign an advisory informing complainant that filing a knowingly false complaint against a peace officer is a crime was permissible content-based discrimination. 		Constitutional Law 2DCA/7 May 23, 2022
Padilla v. City of San Jose
Plaintiffs were required to pay garbage collection fees under protest before filing their putative class action challenging those charges. 		Civil Procedure 6DCA May 23, 2022
U.S. v. Randall
Sentence enhancement for distribution of child pornography in exchange for valuable consideration does not require that defendant actually received the valuable consideration. 		Criminal Law and Procedure 9th May 23, 2022
Unite Here Local 30 v. Sycuan Band
District court did not abuse its discretion in declining to exercise supplemental jurisdiction over counterclaim that rested on an issue of contract validity because it was for the arbitrator to decide. 		Civil Procedure 9th May 23, 2022
Islas v. Superior Court (People)
Petitioner was categorically ineligible for diversion under Penal Code Section 1001.95 for her misdemeanor DUI case pursuant to Vehicle Code Section 23640's unambiguous prohibition of diversion for all DUI cases. 		Criminal Law and Procedure 6DCA May 23, 2022
Canyon Vineyard Estates I v. DeJoria
Intent to create a conservation easement was supported by overwhelming extrinsic evidence. 		Real Property 2DCA/3 May 20, 2022
People v. Owens
Considering the totality of the circumstances, substantial evidence supported the finding that defendant acted with reckless indifference to human life. 		Criminal Law and Procedure 2DCA/6 May 20, 2022
People v. Maplebear Inc.
Instacart could not compel arbitration of San Diego's Unfair Competition claims since the City was authorized to obtain relief and the workers who signed an arbitration agreement had no legal involvement. 		Arbitration 4DCA/1 May 20, 2022
Modification: Hassaine v. Club Demonstration Services, Inc.
Independent contractor that operated food sample tables had a special relationship with Costco shoppers that gave rise to a duty to exercise reasonable care irrespective of its contract with Costco. 		Torts 4DCA/1 May 20, 2022
People v. Miller
The trial court properly voided a grant deed transferring title since the broker pled no contest to procuring or offering a false or forged instrument under Penal Code Section 115(e). 		Real Property 1DCA/3 May 20, 2022
AK Futures v. Boyd Street Distro
Plaintiff could own a valid trademark because the plain and unambiguous text of the 2018 Agricultural Improvement Act compelled the conclusion that plaintiff's delta-8 THC products were lawful. 		Intellectual Property 9th May 20, 2022
Olea-Serefina v. Garland
Noncitizen's prior conviction for corporal injury upon a child was a crime-of-violence aggravated felony that made her ineligible for cancellation of removal. 		Immigration 9th May 20, 2022
In re Nektar Therapeutics Securities Litigation
Plaintiff shareholders failed to adequately plead misrepresentation based on the inclusion of an outlier in claims about a clinical study. 		Securities 9th May 20, 2022
State of Arizona v. Yellen
Arizona had standing for a constitutional challenge to the American Rescue Plan Act's offset provision since it was credible that it would be forced to repay federal funds. 		Civil Procedure 9th May 20, 2022
People v. Parker
California's shield laws protected recordings made by a third party filming the prosecution working on defendant's case. 		Criminal Law and Procedure CASC May 20, 2022
Elias v. Superior Court (People)
No violation of defendant's right to a speedy trial where there was good cause to continue the case fifteen months due to COVID-19 and witness unavailability. 		Criminal Law and Procedure 4DCA/1 May 19, 2022
Soleimany v. Narimanzadeh
Plaintiffs were entitled to a 7 percent prejudgment interest rate on a usurious promissory note secured by a deed of trust since that was the default rate under the California Constitution. 		Contracts 2DCA/4 May 19, 2022
CPC Patent Technologies v. Apple, Inc.
Discovery petitions pursuant to 28 U.S.C. Section 1782 are case-dispositive decisions to be reviewed de novo by the district court. 		Civil Procedure 9th May 19, 2022
Fon v. Garland
The harm asylum seeker suffered and evidence of the country's political and societal turmoil compelled a finding of past persecution. 		Immigration 9th May 19, 2022
Simonyan v. Nationwide Insurance Co. of America
Even assuming that the right to independent counsel attached, the insured's allegations that a conflict of interest existed did not meet the standard under Rule 1.7(b) of the Rules of Professional Conduct. 		Attorneys 3DCA May 18, 2022
Modification: 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 May 18, 2022
People v. Watkins
Venue was improper at the Orange County Superior Court since the People presented no evidence placing defendant in Orange County at the time of the alleged vehicular burglaries. 		Criminal Law and Procedure 4DCA/3 May 18, 2022
In re M.V.
Substantial evidence did not support the finding that there would be a substantial danger to the well-being of the children if returned to their mother's custody, if mother lived and parented separately from father. 		Juveniles 4DCA/1 May 18, 2022
640 Tenth, LP v. Newsom
The Administrative Procedure Act did not apply to Governor Newsom's COVID-19 stay-at-home orders because the Emergency Act empowers the Governor to suspend any regulatory statute. 		Administrative Agencies 4DCA/1 May 17, 2022
Kim v. TWA Construction, Inc.
A contractor is not entitled to compensation for work performed by an unlicensed subcontractor. 		Commercial Law 6DCA May 17, 2022
Federal Election Commission v. Ted Cruz
Section 304 of the Bipartisan Campaign Reform Act unconstitutionally burdens core political speech without proper justification because it burdens candidates who wish to fund their own candidacy through personal loans. 		Constitutional Law USSC May 17, 2022
Patel v. Garland
Federal courts lack jurisdiction to review facts determined by immigration judge as part of discretionary-relief proceedings under 8 U.S.C. Section 1255 and Section 1252(a)(2)(B)(i). 		Immigration USSC May 17, 2022
Jones v. Hendrix
Order 		USSC May 17, 2022
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