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Modification: People v. Clements
Although admitting a factual summary from a prior appellate decision was improper, the trial court's ruling was upheld because defendant failed to identify any portions of the appellate opinion the trial court relied on. 		Criminal Law and Procedure 4DCA/2 Mar. 18, 2022
Riskin v. Downtown L.A. Property Owners Assn.
A court has discretion to find that a plaintiff was not the prevailing party when they obtain documents under the California Privacy Rights Act that are minimal or insignificant. 		Civil Procedure 2DCA/3 Mar. 18, 2022
B&G Foods North America v. Embry
Under the Noerr-Pennington doctrine, Proposition 65 claims are protected petitioning activities but defendants may overcome plaintiff's litigious activities by evincing a sham exception. 		Civil Rights 9th Mar. 18, 2022
California Chamber of Commerce v. Council for Education and Research on Toxics
Given the robust disagreement by scientific sources over whether acrylamide in food causes cancer, the district court did not abuse its discretion in finding a Proposition 65 warning controversial. 		Civil Rights 9th Mar. 18, 2022
Munoz Gonzalez v. U.S.
Courts must utilize an objective pragmatic approach to determine whether an argument was "previously unavailable" to a prisoner seeking to file a second habeas request under 28 U.S.C. Section 2255. 		Criminal Law and Procedure 9th Mar. 18, 2022
California Public Utilities Commission v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission properly decided that utility membership in the California independent system operator is voluntary. 		Utilities 9th Mar. 18, 2022
Jauregui v. Roadrunner Transportation Services, Inc.
District court erred in zeroing out rather than replacing defendant's faulty assumptions when attempting to meet its $5 million amount in controversy CAFA removal burden. 		Civil Procedure 9th Mar. 18, 2022
SmileDirectClub LLC v. Tippins
Teledentistry company adequately pled anticompetitive concerted action by members of the Dental Board of California under the Sherman Act. 		Antitrust 9th Mar. 18, 2022
National Family Farm Coalition v. U.S. Environmental Protection Agency
Order 		9th Mar. 18, 2022
Mohammad v. General Consulate of the State of Kuwait
Consulate did not have sovereign immunity because the commercial activity exception to the Foreign Sovereign Immunities Act applied to plaintiff secretary, whose duties were not peculiar to sovereigns. 		Immunity 9th Mar. 18, 2022
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 Mar. 18, 2022
Gann v. Acosta
Because the California Department of Corrections and Rehabilitations is conferred broad quasi-legislative authority for prison administrative purposes, denial of inmate's spousal overnight visit was within its authority. 		Criminal Law and Procedure 5DCA Mar. 17, 2022
Friends of Alaska National Wildlife Refuges v. Haaland
Secretary of the Interior had authority under the Alaska National Interest Lands Conservation Act to approve a land-exchange agreement that would balance environmental needs with the economic and social needs of Alaska natives. 		Environmental Law 9th Mar. 17, 2022
Raines v. U.S. Healthworks Medical Group
Order 		9th Mar. 17, 2022
State Farm Mutual Automobile Insurance Company v. Robinson
An arbitration award could not be vacated where the arbitrator relied on a trial court discovery ruling and plaintiff failed to properly challenge the discovery ruling. 		Arbitration 1DCA/1 Mar. 16, 2022
Ramsden v. Peterson
The trial court properly applied best interests of the child standard and approved parent's move-away request when she showed that changes in circumstances supported that it was in the child's best interests. 		Family Law 2DCA/6 Mar. 16, 2022
People v. Guerrero
Courts must consider youth-related mitigating factors enumerated in Penal Code Section 190.3 to adequately exercise sentencing discretion. 		Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
People v. Magana
Defendant had a colorable equal protection challenge where involuntary commitments for sexually violent predators lacked the jury right advisements required for other involuntary commitments. 		Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
In re Brown
Courts must apply *Humphrey* framework for bail determinations even where defendants are charged with serious, violent felonies and it does not require unusual circumstances to merit its use. 		Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
People v. Lopez
The trial court had discretion to impose concurrent, rather than consecutive, sentences on defendant's specified felony sex crime convictions. 		Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
People v. Harden
A Penal Code Section 1170.95 petition to vacate a felony murder conviction must be denied if legal determinations from a prior appellate opinion refute defendant's petition as a matter of law 		Criminal Law and Procedure 4DCA/1 Mar. 15, 2022
Lee v. Amazon.com, Inc.
The trial court erred in finding Amazon immune from liability, by virtue of the Communications Decency Act, for failure to provide Proposition 65 warnings on face creams containing mercury and sold by third parties. 		Consumer Law 1DCA/2 Mar. 15, 2022
Federal Housing Finance Agency v. Saticoy Bay
Order 		9th Mar. 15, 2022
DePuy Synthes Sales v. Howmedica Osteonics
California law granting employees the option to void a forum-selection clause governed because it was not within the scope of nor contrary to federal transfer motion law. 		Employment Law 9th Mar. 15, 2022
Doe v. Brightstar Residential Incorporated
The trial court erred in excluding a police report as double hearsay because the party-opponent exception and the official records exception made each level of hearsay admissible. 		Evidence 2DCA/8 Mar. 14, 2022
In re D.P.
The juvenile court's determination that the parental-benefit exception did not apply was erroneous where evidence supported the exception and there was no analysis explaining why the evidence was not credible. 		Juveniles 3DCA Mar. 14, 2022
Tan v. Superior Court (People)
Vehicle Code Section 23640's prohibition on misdemeanor diversion for DUIs supersedes Penal Code Section 1001.95's allowance for diversion of non-enumerated misdemeanors 		Criminal Law and Procedure 1DCA/1 Mar. 14, 2022
Bonelli v. Grand Canyon University
Former university student's civil rights claims' limitations period began when the incidents occurred and were therefore untimely. 		Civil Rights 9th Mar. 14, 2022
People v. Diaz
Defendant could not vacate his plea agreement since he could not prove that he did not understand the plea's immigration consequences and would have rejected it had he understood. 		Criminal Law and Procedure 2DCA/5 Mar. 11, 2022
People v. Breceda
A trial court did not violate defendant's right to a fair trial by denying his motion for a mistrial based on a 73-day delay after the close of the prosecution's case-in-chief caused by the COVID-19 pandemic. 		Criminal Law and Procedure 4DCA/3 Mar. 11, 2022
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