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Paige v. Safeway
Although harmless in this case, prohibiting cross-examination of expert witness regarding published standards established as generally accepted in the scientific community during the expert's deposition was error. 		Evidence 1DCA/3 Feb. 14, 2022
People v. Hampton
Where the original trial court dismissed a special circumstance allegation for insufficient evidence, the dismissal was equivalent to an acquittal when considering a resentencing petition. 		Criminal Law and Procedure 3DCA Feb. 14, 2022
People v. Delgado
Modification to the criminal street gang enhancement statute, Penal Code Section 186.22(f)'s "collectively engage" in a pattern of criminal activity requires proving that two or more gang members committed each predicate offense. 		Criminal Law and Procedure 2DCA/7 Feb. 14, 2022
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. 14, 2022
In re Cesar G.
Juvenile courts cannot order wards to pay for DUI programs that are required as a condition of probation. 		Juveniles 1DCA/2 Feb. 14, 2022
Lara v. First National Insurance Co. of America
Denial of class certification was appropriate where individual trials would be a superior method to adjudicate the issues since individualized determinations would need to be made regarding each plaintiff's injury. 		Civil Procedure 9th Feb. 14, 2022
Peck v. Swift Transportation
Proposed settlement agreement of class claims should have been subjected to higher standard of fairness and more probing inquiry before approval when a class had not yet been certified. 		Civil Procedure 9th Feb. 14, 2022
Amended Opinion: Tomczyk v. Garland
For purposes of reinstatement of a prior removal order, an individual's inadmissible status renders that individual's reentry illegal regardless of the manner of reentry. 		Immigration 9th Feb. 14, 2022
American National Property and Casualty Co. v. Gardineer
Insured's umbrella policy, by its plain and unambiguous terms, did not provide coverage for entrustment liability arising from entrustee's use of insured's vehicle. 		Insurance 9th Feb. 14, 2022
Joseph v. City of Atwater
Police chief's employment contract created a hybrid employment relationship where he could be demoted to lieutenant without cause but could only be terminated with cause. 		Employment Law 5DCA Feb. 11, 2022
U.S. v. Hansen
A statute criminalizing encouraging or inducing unlawful immigration for private financial gain was overbroad and unconstitutional. 		Constitutional Law 9th Feb. 11, 2022
Vasquez-Rodriguez v. Garland
Order 		9th Feb. 11, 2022
Falck N. California Corp. v. Scott Griffith Collaborative Solutions
The filing of an amended complaint rendered an interlocutory appeal challenging the prior complaint moot. 		Civil Procedure 9th Feb. 11, 2022
Ruiz-Colmenarez v. Garland
An immigration judge is not required to grant petitioners the presumption of absolute credibility or the benefit of every doubt. 		Immigration 9th Feb. 10, 2022
Tzompantzi-Salazar v. Garland
The possibility that petitioner could relocate and would not likely be subjected to torture was sufficient to deny relief under the Convention Against Torture, regardless of the reasonableness of relocating. 		Immigration 9th Feb. 10, 2022
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. 10, 2022
People v. Scarano
Remedy for Assembly Bill No. 1950, which changed with certain exceptions, the maximum length of probation for felony cases to two years, is remand and opportunity to void plea agreements. 		Criminal Law and Procedure 3DCA Feb. 10, 2022
Hutcheson v. Superior Court (UBS Financial Services)
The relation-back doctrine can apply when substituting named plaintiffs in a Private Attorneys General Act action. 		Employment Law 1DCA/2 Feb. 9, 2022
Dept. of Corrections & Rehabilitation v. State Personnel Bd.
Plaintiff's burden of proving that the discrimination was a substantial factor motivating an adverse employment action arises only after, not before, the employer has rebutted plaintiff's prima facie showing. 		Employment Discrimination 3DCA Feb. 9, 2022
Merrill v. Milligan
Order 		USSC Feb. 9, 2022
Moran v. The Screening Pros
A credit reporting agency was not negligent because its interpretation of the Fair Credit Reporting Act, while ultimately incorrect, was not objectively unreasonable. 		Consumer Law 9th Feb. 9, 2022
U.S. v. Mendoza
Defendant's conviction for conspiracy to distribute methamphetamine was vacated because there was insufficient evidence to establish an agreement to further distribute the drug. 		Criminal Law and Procedure 9th Feb. 9, 2022
Anderson v. Ford Motor Co.
Recovery of Song-Beverly Act civil penalty did not preclude plaintiffs' recovery of punitive damages for fraud because the awards were based on separate conduct that took place at different times. 		Consumer Law 3DCA Feb. 9, 2022
Rucker v. WINCAL, LLC
A property owner was not liable for plaintiff's injury when plaintiff, who was jogging for recreational purposes, was forced into the bicycle lane to avoid a homeless encampment on the owner's property. 		Torts 2DCA/5 Feb. 8, 2022
Barke v. Banks
Local government officials lacked standing to bring a First Amendment challenge to regulations prohibiting public employers from discouraging employee organization participation. 		Constitutional Law 9th Feb. 8, 2022
Ables v. A. Ghazale Brothers, Inc.
A trial court properly dismissed plaintiff's case because an administrative rule extending the statute of limitations did not trigger a statute to extend the deadline an additional six months. 		Civil Procedure 5DCA Feb. 7, 2022
Singh v. Garland
A noncitizen's removal order was subject to rescission because his Notice to Appear did not provide the date and time of his hearing. 		Immigration 9th Feb. 7, 2022
In re U.S. Department of Education
The district court erred in denying motions to quash the subpoena to take the deposition of the former Secretary of Education. 		Civil Procedure 9th Feb. 7, 2022
Mountain Communities for Fire Safety v. Elliott
U.S. Forest Service's "Timber Stand Improvement" regulation unambiguously allows commercial thinning of forest timber regardless of size or age. 		Environmental Law 9th Feb. 7, 2022
Los Padres Forestwatch v. U.S. Forest Service
Absent evidence demonstrating the U.S. Forest Service applied technical expertise to conclude timber cutting project should be approved, the court was forced to conclude the decision was arbitrary and capricious. 		Environmental Law 9th Feb. 7, 2022
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