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People v. Lopez
Gang enhancements were vacated because Assembly Bill 333 requires evidence of additional elements to impose gang enhancements. 		Criminal Law and Procedure 2DCA/8 Jan. 3, 2022
U.S. v. Bastide-Hernandez
Order 		9th Jan. 3, 2022
Grondal v. U.S.
The Bureau of Indian Affairs, as holder of legal title to Native American land held in trust by the United States for Native Americans, has standing to bring claims for trespass and ejectment against expired lessees on trust property. 		Native American Affairs 9th Jan. 3, 2022
Michener v. Kijakazi
Service not designated as employment or recognized as equivalent in U.S.-Canada Section 433 agreement was subject to the Windfall Elimination Program. 		Administrative Agencies 9th Jan. 3, 2022
Capistrano Unified School District v. S.W.
An Individualized Education Program was adequate because its goals addressed the student's needs and the school district considered the parents' and their expert's recommendations. 		Education 9th Jan. 3, 2022
Cannara v. Nemeth
Under the Johnson Act, the district court lacked subject matter jurisdiction over a suit that may directly or indirectly affect state-approved utility rates. 		Civil Procedure 9th Jan. 3, 2022
Pappas v. State Coastal Conservancy
Trial courts may adjudicate actions for relief to restrain any Coastal Act violation. 		Administrative Agencies 2DCA/6 Dec. 30, 2021
Grassi v. Superior Court (People)
Defendant was ineligible for misdemeanor diversion despite Legislature not expressly excluding driving under the influence of drugs under the diversion statute. 		Criminal Law and Procedure 4DCA/3 Dec. 30, 2021
Coble v. Ventura County Health Care Agency
Appellant's failure to seek disqualification of the trial judge until after an adverse ruling was a forfeiture of that claim. 		Judges 2DCA/6 Dec. 30, 2021
Garcia v. Expert Staffing West
Mere existence of a business relationship was insufficient basis to compel arbitration with parties that did not bargain for or execute an arbitration agreement between job applicant and another entity. 		Arbitration 2DCA/6 Dec. 30, 2021
Marriage of Reichental
In a dissolution proceeding, where parties stipulate the appointment of a temporary judge to hear and determine the matter, issuance of a domestic violence restraining order falls within the scope of allowable actions. 		Family Law 2DCA/6 Dec. 30, 2021
North American Title Co. v. Gugasyan
The "safe harbor" presumption does not require a notary to verify with the Department of Motor Vehicles that a driver's license is legitimately issued. 		Torts 2DCA/2 Dec. 30, 2021
Ahlstrom v. DHI Mortgage Co.
The issue of formation of an agreement to arbitrate is a matter for the courts to decide that may not be delegated to an arbitrator. 		Arbitration 9th Dec. 30, 2021
Bogle v. Garland
Petitioner was deportable even though his guilty plea for possession of more than one ounce of marijuana could technically have included conduct that fell under the 30-gram personal-use exception. 		Immigration 9th Dec. 30, 2021
BBBB Bonding Corp. v. Caldwell
Cosigner of a bail bond premium financing agreement was entitled to notice about the risks of guaranteeing such an agreement because it qualified as a consumer credit contract. 		Consumer Law 1DCA/1 Dec. 30, 2021
Chaganti v. Superior Court (Cricket Communications)
Coram vobis granted because the judge who summarily adjudicated two causes of action held stock in the parent corporation of wholly-owned subsidiaries that were parties to the action. 		Judges 6DCA Dec. 29, 2021
In re L.A.-O.
Application of the parental-benefit exception requires specificity evidencing a substantial, positive, emotional attachment to the parent, not just ambiguous statements regarding a "parental role." 		Juveniles 4DCA/2 Dec. 29, 2021
Sugarman v. Brown
Statements in an annual 10-K reports filed with the Securities Exchange Commission are protected activity subject to anti-SLAPP provisions. 		Anti-SLAPP 2DCA/8 Dec. 29, 2021
Rice v. Downs
Disgorgement of fees paid pursuant to charging order was not appropriate when the party holding fees had a perfected security interest with higher priority than the judgment holder seeking disgorgement. 		Commercial Law 2DCA/1 Dec. 29, 2021
Sugarman v. Benett
Statements made by bank representatives in forms filed with the Securities Exchange Commission are protected activities as matters under review by the SEC. 		Anti-SLAPP 2DCA/8 Dec. 29, 2021
People v. Zgurski
Penal Code Section 530.5(a), using the personal information of another for an unlawful purpose, does not require that defendant knew the personal identifying information used belonged to a real person. 		Criminal Law and Procedure 1DCA/3 Dec. 29, 2021
Park v. Law Offices of Tracey Buck-Walsh
Shifting third-party's expenses incurred from complying with a subpoena was required by plain language of statute once the expenses incurred were determined to be an undue burden or expense. 		Civil Procedure 1DCA/3 Dec. 29, 2021
Amended Opinion: U.S. v. Goodall
A plea agreement that waived appeal, made knowingly and voluntarily, is still valid even if case law decided after the agreement could have changed conditions of the agreement. 		Criminal Law and Procedure 9th Dec. 29, 2021
Kalbers v. Volkswagen AG
Movant's intervention was timely when properly measured against when it became aware that its interests would no longer be protected by another party. 		Government 9th Dec. 29, 2021
Westmoreland v. Fire Insurance Exchange
A trial court erred in overruling Insurer's demurrer because Insured had already received the full measure of indemnity to which they were entitled. 		Insurance 1DCA/3 Dec. 29, 2021
Presbyterian Camp and Conference Centers v. Superior Court (Dept. of Forestry and Fire Protection)
A corporation was liable for the costs of suppressing fires that its employee negligently set because the statute at issue incorporated the theory of respondeat superior. 		Torts CASC Dec. 28, 2021
People v. Clark
Defendant's judicial bias claim was without merit because trial judge's relationship with prosecutor was confined to involvement in a volunteer program. 		Criminal Law and Procedure 3DCA Dec. 28, 2021
People v. Turner
Defendant should have been granted a mistrial where the jury was prejudiced by improperly admitted evidence of another homicide charge that had been severed. 		Criminal Law and Procedure 1DCA/3 Dec. 28, 2021
Aquino v. Superior Court (Scott)
Period for filing petition under Code of Civil Procedure Section 1013(a) begins on date specified on declaration of mailing attached to the order and clerk's use of term "mailed" versus "deposited in the mail" was insignificant. 		Civil Procedure 1DCA/5 Dec. 28, 2021
Vallejo v. Superior Court (People)
A trial judge lacked authority to set aside as void a recused judge's dismissal order because the trial court lost subject matter jurisdiction when the sole charge against the defendant was dismissed. 		Criminal Law and Procedure 6DCA Dec. 28, 2021
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