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People v. Phillips
Evidence of defendant's prior involvement in a similar crime may be used to negate claims of innocence especially where circumstances were factually analogous. 		Criminal Law and Procedure 1DCA/2 Mar. 1, 2022
Hoffman v. Preston
The court extended the Bivens remedy to allow suit against a guard who allegedly created a substantial risk of harm to plaintiff prisoner. 		Criminal Law and Procedure 9th Mar. 1, 2022
Ochoa v. City of Mesa
The district court correctly applied the purpose-to-harm test because police officers did not have time to deliberate shooting decedent. 		Civil Rights 9th Mar. 1, 2022
Gantner v. PG&E Corp.
Order 		9th Mar. 1, 2022
Modification: People v. Vasquez
A gang enhancement did not require a showing that an umbrella gang and local subset were connected, because the umbrella gang alone satisfied the requirements. 		Criminal Law and Procedure 5DCA Feb. 28, 2022
Broadcast Music, Inc. v. Structured Asset Sales
A sanctions motion was improperly filed because the contested motion was resolved by the court during the 21-day safe harbor period. 		Civil Procedure 2DCA/2 Feb. 28, 2022
Srouy v. San Diego Unified School District
A school district did not have a mandatory duty to defend a student who was sued by a school football referee. 		Education 4DCA/1 Feb. 28, 2022
People v. Flores
The probative value of defendant's prior acts evidence concerning his propensity to commit domestic violence outweighed any danger of undue prejudice. 		Criminal Law and Procedure 1DCA/3 Feb. 28, 2022
Modification: McMillin v. Eare
A deed, having been physically delivered to the grantee by the grantor, took effect at once and was valid without the oral conditions. 		Real Property 2DCA/8 Feb. 28, 2022
Coastal Act Protectors v. City of Los Angeles
A petition for writ of mandate challenging a zoning ordinance was subject to a 90-day limitations period because the alleged wrongdoing occurred at the time the ordinance was adopted. 		Government 2DCA/4 Feb. 28, 2022
Von Herrmann v. Superior Court (Management & Training Corp.)
The California Public Records Act applies to private entities that operate immigration detention facilities even when the operator does not directly contract with a city. 		Government 4DCA/1 Feb. 28, 2022
People v. Williams
An attorney who prosecutes an appeal while failing to cite known authority that the court has no jurisdiction to entertain the appeal violates the attorney's duty of candor. 		Attorneys 2DCA/5 Feb. 28, 2022
People v. Flint
When the jury finds "not true" that a felony-murder special circumstance applied to the murder, that is considered a finding which requires the court to grant a petition for resentencing unless an exception applies. 		Criminal Law and Procedure 2DCA/1 Feb. 28, 2022
In re S.S.
A failure to inquire with a child's grandmother regarding Native American ancestry was a harmless error because the grandmother was involved in the proceedings and likely would have presented any evidence of such ancestry herself. 		Juveniles 2DCA/1 Feb. 28, 2022
In re Darian R.
While Department of Children and Family Services's failure to interview extended family members about their Native American ancestry was an error, the error was not prejudicial when the record shows no prejudice from that failure. 		Juveniles 2DCA/1 Feb. 28, 2022
Balistreri v. Balistreri
Under Probate Code Section 15402, when a trust specifies a method of amendment, that method must be followed for the amendment to be effective. 		probate_and_trusts 1DCA/3 Feb. 28, 2022
Morgan v. U.S. Soccer Federation
Order 		9th Feb. 28, 2022
Ratha v. Phatthana Seafood
Cambodian villagers failed to establish that their claims against a Thai company was a valid extraterritorial application of the Trafficking Victims Protection Reauthorization Act. 		Civil Procedure 9th Feb. 28, 2022
Unicolors, Inc. v. H&M Hennes & Mauritz, L.P.
Lack of either factual or legal knowledge can excuse inaccuracy in a copyright registration under the Copyright Act's safe harbor provision. 		Copyright USSC Feb. 25, 2022
Lopez v. Ledesma
Physician assistants who practice under a licensed physician but receive minimal or no supervision may still fall under the Medical Injury Compensation Reform Act's noneconomic damages cap. 		Torts CASC Feb. 25, 2022
People v. Hall
Changes to the gang-enhancement statute merited reversal of conviction because it was not conclusive that the jury instructions were harmless beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Feb. 24, 2022
Modification: People v. Sek
Amended gang enhancement statute required that defendant's gang enhancements be stricken when it was unclear whether the jury relied on reputational benefit to street gang in rendering its finding. 		Criminal Law and Procedure 2DCA/1 Feb. 24, 2022
B.R. v. Garland
Immigration judges have authority to allow the Department of Homeland Security to cure improper service of a Notice to Appear without requiring termination of proceedings. 		Immigration 9th Feb. 24, 2022
Elosu v. Middlefork Ranch
A trial court improperly excluded fire investigator's expert testimony when it assumed a factfinding role by concluding that the expert's report was speculative, uncertain, and unsupported by the evidence. 		Evidence 9th Feb. 24, 2022
Dow v. Lassen Irrigation Company
A watermaster appointed to supervise a water rights decree did not have standing to appeal the trial court's interpretation of the decree, as there was no injury to the watermaster. 		Civil Procedure 3DCA Feb. 24, 2022
Modification: Kirk v. Ratner
Neither the superior court nor the appellate court had jurisdiction to consider a petition to vacate a preliminary injunction granted by an arbitrator because the injunction was not a final award. 		Arbitration 2DCA/7 Feb. 24, 2022
In re H.V.
Failure to make a proper first-step inquiry under the Indian Child Welfare Act was a prejudicial and reversible error even though the parent did not show that she could have obtained a more favorable result. 		Juveniles 2DCA/5 Feb. 23, 2022
In re J.B.
Juvenile court's post-dispositional dismissal under Welfare and Institutions Code Section 782, which would allow for the commitment of the juvenile, was merited given the circumstances of the case. 		Juveniles 6DCA Feb. 23, 2022
Pech v. Doniger
Legal counsel regarding prospective litigation and obligations under a fee agreement with a prior attorney were protected activity under the anti-SLAPP statute. 		Anti-SLAPP 2DCA/5 Feb. 23, 2022
White v. Smule, Inc.
With a Labor Code Section 970 claim, evidence of an at-will employment agreement may negate justifiable reliance as to the length of employment but not the kind or character of work. 		Employment Law 1DCA/4 Feb. 23, 2022
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