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Multiversal Enterprises-Mammoth Properties, LLC v. Yelp Inc.
Denial of restaurant owner's motion to compel production of Yelp's software source code was proper because its production was not necessary. 		Civil Procedure 2DCA/1 Feb. 7, 2022
People v. Speck
Jury should have been instructed regarding mistake of fact where defendant was charged with offenses requiring specific intent and presented substantial evidence regarding the defense. 		Criminal Law and Procedure 3DCA Feb. 4, 2022
Bankers Hill 150 v. City of San Diego
A city did not abuse its discretion in approving a development project because the city was obligated to approve the project under the Density Bonus Law. 		Real Property 4DCA/1 Feb. 4, 2022
Plata v. City of San Jose
Municipal water customers' claim against the water company regarding the legality of its tiered rate structure required proper, satisfactory presentation of those claims as detailed under the Government Claims Act. 		Municipal Law 4DCA/3 Feb. 4, 2022
Eminence Healthcare, Inc. v. Centuri Health Ventures, LLC
Agreement's plain language exempting claims involving equitable relief from arbitration must be followed where agreement's language was clear and explicit. 		Arbitration 5DCA Feb. 4, 2022
U.S. v. Jackson
The government failed to establish that defendant kidnapped plaintiff because any seizure that occurred did not occur beyond the assault. 		Criminal Law and Procedure 9th Feb. 4, 2022
Optional Capital Inc. v. DAS Corp.
Order 		9th Feb. 4, 2022
San Luis Obispo Local Agency Formation Commission v. Central Coast Development
A public agency was not liable for attorney's fees because the indemnification contract was void. 		Contracts 2DCA/6 Feb. 4, 2022
People v. Mendoza
Sentencing defendant to prison for assault with a deadly weapon and assault with force likely to cause great bodily injury based on multiple blows incident to single objective was improper. 		Criminal Law and Procedure 2DCA/8 Feb. 4, 2022
Meyer v. Sheh
In requesting court to order sale of judgment creditor's property to satisfy outstanding judgment, unrecorded property tax liens must be disclosed in a judgment creditor's application to the court. 		Real Property 2DCA/2 Feb. 4, 2022
Ahern v. Asset Management Consultants
The trial court erred in ordering arbitration because the property investor's misrepresentation claims did not arise out of the arbitration agreement. 		Arbitration 2DCA/7 Feb. 3, 2022
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. 3, 2022
County of San Bernardino v. West Valley Water Dist.
Water district election was required to be held on statewide general election date, not statewide primary date when there was low voter turnout in previous years. 		Government 4DCA/2 Feb. 3, 2022
Dameron Hospital Assn. v. AAA Northern Cal.
An insured could reasonably expect that a medical services provider could collect payments directly from an insurer based on a contract insured signed with the medical provider. 		Contracts 3DCA Feb. 3, 2022
People v. Chatman
Conviction for mail fraud where the value of property obtained was valued at $950 or less must be redesignated as a misdemeanor pursuant to Proposition 47. 		Criminal Law and Procedure 1DCA/4 Feb. 2, 2022
Zannini v. Liker
The trial court was correct in declining to give an instruction on abandonment of patient because evidence showed that defendant doctor was not in charge of patient's care. 		Civil Procedure 2DCA/8 Feb. 2, 2022
Andrews v. Metropolitan Transit System 1
Notice of rejection of claim for damages is defective and does not comply with Government Code Section 913(b) requirements if it does not include attorney advisement. 		Government 4DCA/1 Feb. 2, 2022
U.S. v. Schlenker
Defendant's declaratory action improperly sought to carve out a collateral issue from a potential habeas petition to use the Declaratory Judgment Act as a substitute to challenge his sentence. 		Criminal Law and Procedure 9th Feb. 2, 2022
Ballinger v. City of Oakland
Oakland's Tenant Relocation fee is not an unconstitutional taking without just compensation but instead is an admissible State regulation of the landlord-tenant relationship. 		Constitutional Law 9th Feb. 2, 2022
Panterra GP, Inc. v. Superior Court (Rosedale Bakersfield Retail VI, LLC)
Licensed contractor alleging facts sufficient to support claim for reformation was not barred from relief where entity mistakenly listed as the contractor in written agreement was not a licensed contractor. 		Contracts 5DCA Feb. 2, 2022
Modification: People v. Rorabaugh
Warrantless seizure of defendant's vehicle accomplished by trespassing on private property was a Fourth Amendment violation for which defendant was entitled to suppression of the evidence so obtained. 		Criminal Law and Procedure 3DCA Feb. 1, 2022
People v. Gerson
Defendant was entitled to preconviction custody credit for time on home detention because he was similarly situated to individuals participating in an electronic monitoring program. 		Criminal Law and Procedure 4DCA/1 Feb. 1, 2022
Blue Mountain Enterprises, LLC v. Owen
Nonsoliciation covenant was enforceable because the covenantor sold or disposed of his business interests when he consolidated his businesses and received an interest in the consolidated entity. 		Contracts 1DCA/1 Feb. 1, 2022
People v. Holmes, McClain & Newborn
Although there was an apparent racial disparity in prosecution's initial use of peremptory challenges, nothing indicated the challenges were based on impermissible criteria when considered in context. 		Criminal Law and Procedure CASC Feb. 1, 2022
Advanced Integrative Medical Science Institute v. Garland
The court lacked jurisdiction to review an advice letter from the Drug Enforcement Administration because the letter was not a final decision. 		Civil Procedure 9th Feb. 1, 2022
Western States Office Fund v. Welfare & Pension Administration Service
Under ERISA, in calculating the "highest contribution rate" for purposes of determining the employer's annual withdrawal payment, the surcharge paid by an employer when a plan is in critical status is not to be included. 		Employment Law 9th Feb. 1, 2022
Ellis v. Salt River Project
Arizona's notice-of-claim requirement does not conflict with Federal Rule of Civil Procedure 23. 		Civil Procedure 9th Feb. 1, 2022
Marriage of Thompson
First in time rule for jurisdiction only applies when court has both in rem and in personam jurisdiction. 		Family Law 3DCA Jan. 31, 2022
Citizens' Committee to Complete the Refuge v. City of Newark
A development project was exempt from further California Environmental Quality Act review because no changes significantly increased the impacts on an endangered species. 		Environmental Law 1DCA/4 Jan. 31, 2022
Hamm v. Reeves
Order 		USSC Jan. 31, 2022
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