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Modification: Gajanan v. City and County of San Francisco
Hotel owners and management company met burden of showing "ordinary care" regarding payment of taxes when they hired and relied on controller's false statements and accounting. 		Tax 1DCA/2 Apr. 28, 2022
Modification: Foxcroft Productions, Inc. v. Universal City Studios LLC
The term "photoplay" in a 1971 contract with Universal unambiguously encompassed episodes of hit television series Columbo based on its usage in the contract. 		Contracts 2DCA/8 Apr. 28, 2022
County of Santa Clara v. Superior Court (Doctors Medical Center of Modesto)
Under Government Code Section 815, county was immune from noncontracting hospitals' claims for emergency service reimbursement because the alleged breach was based in tort rather than contract. 		Immunity 6DCA Apr. 28, 2022
The Geo Group v. Newsom
Order 		9th Apr. 28, 2022
U.S. v. Rosenow
Yahoo and Facebook's search of child pornographer's data was not a Fourth Amendment violation as they had legitimate, independent reasons to do so. 		Civil Rights 9th Apr. 28, 2022
Kaufmann v. Kijakazi
Provision that allowed removal of the Commissioner of Social Security by the president only for neglect or malfeasance was unconstitutional and severable but claimant could not show actual harm from provision. 		Constitutional Law 9th Apr. 28, 2022
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 Apr. 28, 2022
People v. Weisner
In an appeal from orders denying postconviction relief, the defendant does not have the right to submit his or her own arguments to the court as an individual, instead of through counsel. 		Criminal Law and Procedure 3DCA Apr. 28, 2022
Swallow v. California Gambling Control Commission
The California Gambling Control Commission's imposition of a $13 million monetary penalty was unsustainable under the Gambling Control Act because it exceeded the maximum assessable amount. 		Gaming 3DCA Apr. 28, 2022
Hahn v. New York Air Brake LLC
In an asbestos suit, a manufacturer was properly substituted for a Doe defendant where plaintiff did not discover facts to establish a cause of action against the manufacturer until after the complaint was filed. 		Civil Procedure 1DCA/5 Apr. 27, 2022
Lincoln v. Lopez
Appellant's claim of electioneering was denied since the legislature did not intend an absolute 100-foot prohibition on electioneering near drop boxes and the other candidate's violation, if any, was inadvertent. 		Civil Procedure 1DCA/2 Apr. 27, 2022
Modification: Mireskandari v. Edwards Wildman Palmer LLP
Plaintiff showed causation for malpractice claim against former attorneys since he would not have incurred costs and fees from anti-SLAPP motion had he been properly advised before filing his lawsuit. 		Attorneys 2DCA/3 Apr. 27, 2022
Autonomous Region of Narcotics Anonymous v. Narcotics Anonymous World Services Inc.
Probate Code Section 15800 did not provide standing for a regional delegate to sue trustee when the regional delegate is one of many groups that collectively constituted the trust's settlor. 		probate_and_trusts 2DCA/8 Apr. 27, 2022
People v. Estrada
Defendant convicted of first degree murder was ineligible for retroactive relief under Penal Code Section 1170.95 since the jury did not convict him under the natural and probable consequences doctrine. 		Criminal Law and Procedure 2DCA/8 Apr. 27, 2022
People v. Serrano
Defendant's conviction for simple assault was reversed because it was necessarily premised on the same conduct that resulted in defendant's conviction for infliction of corporal injury. 		Criminal Law and Procedure 5DCA Apr. 27, 2022
PLS.com LLC v. National Association of Realtors
Real estate listing company adequately alleged antitrust injury because it alleged that competitors' cooperation policy harmed both sellers' agents and buyers' agents. 		Antitrust 9th Apr. 27, 2022
Hernandez-Ortiz v. Garland
Petitioner did not show ineffective assistance of counsel to toll the deadline for his motion to reopen his removal proceedings since he retained his attorneys after the deadline had passed. 		Immigration 9th Apr. 27, 2022
Gutierrez-Zavala v. Garland
Although the Board of Immigration Appeals ruled on the merits of a motion to reopen, the petition for review was denied because the Board did not have jurisdiction in the first place. 		Immigration 9th Apr. 27, 2022
Hill v. Walmart
Walmart did not have to pay penalties under California Labor Code Section 203 to model it hired through agency as it had reasonable grounds to believe she was an independent contractor. 		Employment Law 9th Apr. 27, 2022
State of California v. Superior Court (Paniagua)
Descendants of man killed by a vehicle on an allegedly dangerous roadway had right to unredacted accident reports since the other accidents occurred in the same location under similar circumstances. 		Civil Procedure 2DCA/6 Apr. 27, 2022
Modification: Samantha B. v. Aurora Vista Del Mar, LLC
Medical Injury Compensation Reform Act limits did not apply to plaintiffs' causes of action under the Elder Abuse Act where jury found both professional negligence and reckless neglect. 		Health Care 2DCA/6 Apr. 27, 2022
Divino Plastic Surgery, Inc. v. Superior Court
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 Apr. 26, 2022
Gajanan v. City and County of San Francisco
Hotel owners and management company met burden of showing "ordinary care" regarding payment of taxes when they hired and relied on controller's false statements and accounting. 		Tax 1DCA/2 Apr. 26, 2022
People v. Birdsall
Instructional error on the felony-murder theory was harmless because it was clear beyond a reasonable doubt that a rational jury would have adopted the theory that defendant was the actual killer. 		Criminal Law and Procedure 1DCA/4 Apr. 26, 2022
United Talent Agency v. Vigilant Insurance Co.
COVID-19 losses to United Talent Agency's property did not constitute 'physical loss or damage' under insurance policy because the virus damaged people, not the property itself. 		Insurance 2DCA/4 Apr. 26, 2022
Reed v. Goertz
Order 		USSC Apr. 26, 2022
Mallory v. Norfolk Southern Railway Co.
Order 		USSC Apr. 26, 2022
Husayn v. U.S.
Order 		9th Apr. 26, 2022
In re Christopher L.
Proceeding with a jurisdiction and disposition hearing without appointing counsel for child's parent nor for providing for his presence at the hearing was not the "miscarriage of justice" required to reverse the decision as a structural error. 		Juveniles CASC Apr. 26, 2022
Musso & Frank Grill v. Mitsui Sumitomo Insurance USA
A business interruption policy that covers physical loss and damages does not provide coverage for losses incurred by reason of the COVID-19 pandemic. 		Insurance 2DCA/1 Apr. 25, 2022
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