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In re A.R.
Juvenile court had authority to hold restitution hearing five years after sentencing hearing under Penal Code Section 730.6, even though the loss amounts were ascertainable during the sentencing hearing. 		Juveniles 2DCA/8 May 4, 2022
People v. Perez
After changes to Penal Code Section 1170.95, invalidated, non-final convictions are to be reversed and remanded to allow prosecutors to retry the counts on the new law. 		Criminal Law and Procedure 2DCA/3 May 4, 2022
AIDS Healthcare Foundation v. City of Los Angeles
15-percent affordable housing requirement under the Community Redevelopment Law was rendered inoperative by the 2011 Dissolution Law, and the requirement did not survive as an "enforceable obligation." 		Government 2DCA/1 May 4, 2022
Miskey v. Kijakazi
Social Security Administration correctly determined that the Government Pension Offset, reducing the amount of Social Security spousal benefits paid to one receiving a government pension, applied to plaintiff. 		Administrative Agencies 9th May 4, 2022
Kubiak v. County of Ravalli
Plaintiff's acceptance of a Rule 68 offer of judgment prevailed over the court's grant of summary judgment for defendant that was granted while the offer was pending. 		Civil Procedure 9th May 4, 2022
People v. Whitmore
Assuming that the trial court erred in forcing a reluctant defendant to appear virtually, the error was harmless because the record did not reflect that an in-person hearing would have produced a more favorable result. 		Criminal Law and Procedure 4DCA/3 May 3, 2022
People v. Yang
Defendant who served time in competency treatment at state hospital showed that Penal Code Section 4019 violated equal protection by denying conduct credits he would have earned if he was receiving treatment in county jail. 		Criminal Law and Procedure 1DCA/3 May 3, 2022
People v. Padilla-Martel
City of San Francisco failed to show error in the trial court's finding that proposed stay-away orders against alleged street-level drug dealers were insufficiently tailored to pass constitutional muster. 		Constitutional Law 1DCA/2 May 3, 2022
Shurtleff, et al. v. City of Boston, Massachusetts, et al.
Because Boston did not sufficiently maintain control over the flag-raisings on its city hall flagpole they were not governmental speech and its refusal of a Christian flag constituted impermissible discrimination. 		Civil Rights USSC May 3, 2022
Wong v. Restoration Robotics
Federal court forum provision requiring that suits be brought in federal court did not implicate the "removal bar" provision of the Securities Act because removal was not at issue. 		Securities 1DCA/2 May 2, 2022
Wing v. Chico Healthcare & Wellness Centre
No U.S. Supreme Court cases reject the rule that there is no conflict between unwaivable Private Attorneys General Act claims and the Federal Arbitration Act. 		Arbitration 2DCA/5 May 2, 2022
People v. Cruz-Partida
Pointing a loaded gun in the general area of others can establish the requisite intent required for assault. 		Criminal Law and Procedure 1DCA/1 May 2, 2022
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 2, 2022
People v. Anderson
Defendant's testimony from prior parole suitability hearings was admissible at his resentencing hearing because a sentence reduction is an "act of lenity," not implicating defendant's Fifth Amendment rights. 		Criminal Law and Procedure 1DCA/4 May 2, 2022
People v. Delgado
While appellant was not entitled to a youth offender parole hearing under equal protection, he was entitled to a *Franklin* hearing to consider youth-related factors under Penal Code Section 4801. 		Criminal Law and Procedure 4DCA/3 May 2, 2022
Leshane v. Tracy VW, Inc.
Defendants could not compel arbitration of plaintiffs' Private Attorneys General Act claims since plaintiffs had removed their arbitrable non-PAGA claims in their amended complaint. 		Arbitration 3DCA May 2, 2022
Amended Opinion: Riley's American Heritage Farms v. Elsasser
In a First Amendment claim, school board and administrators may be liable for canceling a field trip to plaintiff's establishment based on plaintiff's controversial, political tweets. 		Civil Rights 9th May 2, 2022
Deem v. The William Powell Co.
Under Maritime law, the statute of limitations for wrongful death claims begins to accrue on the date of death, rather than when the illness was diagnosed. 		Maritime Law 9th May 2, 2022
U.S. v. Phillips
Private citizen who accessed child pornography on defendant's computer at the direction of law enforcement was a permissible governmental search because private citizen merely mimicked her earlier search. 		Criminal Law and Procedure 9th May 2, 2022
Where Do We Go Berkeley v. California Dept. of Transportation
There was not a serious question as to whether plaintiffs' preliminary injunction fundamentally altered Caltrans' policies since the six-month delay prevented Caltrans from addressing the homeless encampments' public safety threat. 		Disability Discrimination 9th May 2, 2022
AIDS Healthcare Foundation et al. v. City of Los Angeles (CEQA)
The 15-percent affordable housing requirement is no longer required pursuant to the Dissolution Law and, even if it applies, it might not apply to individual project. 		Government 2DCA/1 May 2, 2022
People v. Czirban
Court's jurisdiction over restitution order issued in criminal case did not provide court with authority to review Workers' Compensation Appeals Board's order approving deduction of attorney fees from settlement agreement. 		Workers' Compensation 6DCA Apr. 29, 2022
County of San Bernardino v. Superior Court (The Red Brennan Group)
County was immune from liability when group spent more than $250,000 obtaining more signatures than needed after the County misrepresented the number of signatures needed for initiative to qualify to be on a ballot. 		Immunity 4DCA/2 Apr. 29, 2022
Grove v. Juul Labs, Inc.
Former employee could not bring shareholder class action in California since forum selection provision in Juul's corporate charter was only voidable by an employee, not a shareholder. 		Civil Procedure 1DCA/3 Apr. 29, 2022
Modification: People v. Johnson & Johnson
Substantial evidence did not support the trial court's finding that companies' oral marketing communications about their pelvic mesh products were likely to deceive doctors. 		Consumer Law 4DCA/1 Apr. 29, 2022
Cummings v. Premier Rehab Keller
Emotional distress damages were not recoverable under either the Rehabilitation Act or the Affordable Care Act in a private action against a recipient of federal funds. 		Constitutional Law USSC Apr. 29, 2022
LeDure v. Union Pacific Railroad Co.
Order 		USSC Apr. 29, 2022
Conservatorship of Eric B.
Committed persons found not guilty of crimes by reason of insanity and Lanterman-Petris-Short Act conservatees are similarly situated for purposes of the right not to give compelled testimony. 		Conservatorship CASC Apr. 29, 2022
Dameron Hospital Association v. AAA Northern California, Nevada & Utah Insurance Exchange
Under the Knox-Keene Health Care Services Plan Act, hospital could not enforce conditions of admission since they were collecting more payment from the client than was negotiated with the insurance company. 		Insurance 3DCA Apr. 28, 2022
People ex rel. City of San Diego v. Experian Data Corp.
Contingency fee arrangements between the City of San Diego and private law firms, in an Unfair Competition Law action filed by the city's attorneys, did not violate the prosecutor's duty of neutrality. 		Attorneys 4DCA/3 Apr. 28, 2022
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