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Gamboa v. Northeast Community Clinic
An order denying a motion to compel arbitration was affirmed because defendant failed to meet its burden of proof after the trial court sustained objections to defendant's proffered evidence. 		Arbitration 2DCA/7 Dec. 1, 2021
In re: Robert Duane Rens
A bankruptcy estate was not entitled to continue receiving the debtor's share of trust distributions after the debtor's death because those distributions will be paid to the debtor's living issue. 		Bankruptcy BAP Nov. 30, 2021
In re: Mark E. Stuart
Where a creditor had garnished a debtor's bank account prior to the debtor's filing of bankruptcy, neither the bank nor the creditor was under any affirmative obligation to release the funds. 		Bankruptcy BAP Nov. 30, 2021
In re: 450 S. Western Avenue
The time period for a lienholder to commence an action preserving a lien will not be tolled by Section 108(c) of the Bankruptcy Code due to the notice alternative provided by Section 546(b). 		Bankruptcy BAP Nov. 30, 2021
U.S. v. Reyes
A court must provide advance notice before imposing a requirement that, as a special condition of supervised release, defendant is required to allow suspicionless searches by any law enforcement. 		Criminal Law and Procedure 9th Nov. 30, 2021
People v. Price
Defendant was not entitled to have her murder conviction vacated and to be resentenced because substantial evidence supported the jury's special circumstance finding. 		Criminal Law and Procedure 1DCA/2 Nov. 30, 2021
Kumar v. Ramsey
Statute of limitations for plaintiffs seeking to quiet title begins when they are aware of a hostile claim that jeopardizes their title or possession of their property. 		Real Property 3DCA Nov. 30, 2021
U.S. v. De La Mora-Cobian
An alien requesting asylum during expedited removal proceedings must exhaust the asylum claim before being allowed to collaterally attack the removal order in a later prosecution for illegal reentry. 		Immigration 9th Nov. 30, 2021
In re: Andrew Linton
Under the doctrine of cumulative finality, an interlocutory appeal may mature to finality when the appeal is followed by entry of a final disposition in the case before the appeal is dismissed. 		Bankruptcy BAP Nov. 29, 2021
Modification: Long Beach Memorial Medical v. Kaiser Foundation Health Plan
The recognition of a new intentional tort of inadequately reimbursing a hospital was at odds with the purposes of the Knox-Keene Act. 		Health Care 2DCA/2 Nov. 29, 2021
People v. Codinha
The court struck a one-year enhancement from defendant's prison sentence because his prison prior term was not based on a sexually violent offense, as defined in the Welfare and Institutions Code. 		Criminal Law and Procedure 4DCA/1 Nov. 29, 2021
In re: Bradley Edward Koeberer and Nancy Louise Koeberer
No matter how minor a violation of the automatic stay, a party injured by that violation is entitled to its reasonably incurred legal fees and costs. 		Bankruptcy BAP Nov. 26, 2021
In re: Jerome E. Perryman
Continuances in a nonbankruptcy matter did not violate the automatic stay provision of Bankruptcy Code Section 362(a). 		Bankruptcy BAP Nov. 26, 2021
Elation Systems, Inc. v. Fenn Bridge LLC
Because the finding that defendant breached an NDA was uncontested, the trial court should have awarded nominal damages even if there was no showing of harm to plaintiff. 		Contracts 1DCA/3 Nov. 24, 2021
Modification: People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law. 		Immigration 4DCA/1 Nov. 24, 2021
People v. Williams
Lifetime parolees are no exception to the requirement of Section 1203.2(b)(1) of the Penal Code that all petitions for parole revocation be referred to the parole agency for a written report. 		Criminal Law and Procedure 1DCA/1 Nov. 24, 2021
U.S. v. Franklin
Consideration of co-defendants' hearsay statements at sentencing did not violate defendant's due-process rights because the statements were procedurally and substantively reliable. 		Evidence 9th Nov. 24, 2021
Nababan v. Garland
The Board of Immigration Appeals must, when properly considering all factors, take into account Indonesia's changed circumstances towards evangelical Christians specifically, as opposed to Christians in general. 		Immigration 9th Nov. 24, 2021
People v. Murillo
During the initial stages of a motion for vacatur, it was improper for the trial court to engage in judicial factfinding prior to issuing an order to show cause. 		Criminal Law and Procedure 4DCA/3 Nov. 24, 2021
City of Oxnard v. County of Ventura
A city seeking a preliminary injunction to prohibit the county from providing ambulance services was denied because the city effectively delegated its administrative control over that service prior to 1980. 		Administrative Agencies 2DCA/6 Nov. 24, 2021
People v. Montes
Using revised statute that would become effective before a final order is entered, petitioner convicted of attempted murder under the natural and probable consequences doctrine may be able to establish prima facie eligibility for resentencing. 		Criminal Law and Procedure 2DCA/8 Nov. 24, 2021
People v. Ramirez
Defendant's youth must be considered when determining if actions constituted reckless indifference required for the natural and probable consequences doctrine. 		Criminal Law and Procedure 2DCA/7 Nov. 24, 2021
Modification: People v. Farfan
A superior court's denial of defendant's petition for resentencing was harmless error because the jury's finding precluded relief as a matter of law. 		Criminal Law and Procedure 2DCA/2 Nov. 24, 2021
Mississippi v. Tennessee et. al.
The waters of the Middle of Claiborne Aquifer were subject to the remedy of equitable apportionment because the equitable apportionment was sufficiently similar to past applications of the remedy to warrant the same treatment. 		Water Rights USSC Nov. 23, 2021
Sierra Club v. Biden
Order 		9th Nov. 23, 2021
Sierra Club v. Biden
Order 		9th Nov. 23, 2021
Wilkin v. Community Hospital of the Monterey Peninsula
Summary judgment was properly granted because employee did not present evidence that employer's reasons for terminating employment were pretextual. 		Employment Discrimination 4DCA/3 Nov. 22, 2021
Acres v. Marston
In a suit involving Indian tribes' employees, sovereign immunity did not apply because plaintiff sought monetary relief from the employees in their individual capacities. 		Immunity 3DCA Nov. 22, 2021
People v. Rodriguez
Despite existing knowledge of an employee's moonlighting, the limitations period did not begin to run until victim learned of facts that caused him to investigate and discover a crime had been committed. 		Criminal Law and Procedure 2DCA/8 Nov. 22, 2021
Conservatorship of C.O.
Trial court erred in not personally advising conservatee of right to jury trial, but the error was harmless because the evidence showed that conservatee would not have had a more favorable outcome. 		Conservatorship 6DCA Nov. 22, 2021
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