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People v. James
Courts must consider a defendant's background, character, and prospects in determining if she is within the spirit of the three strikes law. 		Criminal Law and Procedure 1DCA/2 Nov. 1, 2021
U.S. v. Rizo-Rizo
Attempted illegal entry is a regulatory offense that does not require the alien to know that he was an alien. 		Immigration 9th Nov. 1, 2021
Modification: People v. Greeley
Assembly Bill 1869 requires courts to strike the criminal justice administration fee and the probation supervision fee even though the fees are already uncollectable. 		Criminal Law and Procedure 6DCA Nov. 1, 2021
Williams v. Superior Court (Fautt)
A defendant was entitled to have her case transferred to the county of her residence because a Judicial Council form could not alter the statutory law governing venue. 		Civil Procedure 1DCA/1 Nov. 1, 2021
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
The Department of Alcoholic Beverage Control properly revoked a nonprofit club's liquor license because substantial evidence showed it knowingly allowed cannabis sales on its premises. 		Administrative Agencies 4DCA/2 Nov. 1, 2021
Gall v. Smith & Nephew, Inc.
Liability does not fall on manufacturer where doctor knew of an implant's risks and may have failed to provide the warnings to the patient. 		Torts 2DCA/8 Nov. 1, 2021
Bacoka v. Best Buy Stores, L.P.
Carriers were not employees of Best Buy because Best Buy did not have control over their work, nor any way to terminate them. 		Employment Law 2DCA/8 Nov. 1, 2021
People v. Navarro
Conspiracy to commit murder could be inferred from defendant's actions and associations involving the alleged conspiracy. 		Criminal Law and Procedure CASC Oct. 29, 2021
Gordon v. Atria Management Company
Because an agent was authorized to sign an arbitration agreement on behalf of the principal with respect to her personal care, there was a valid arbitration agreement. 		Arbitration 1DCA/5 Oct. 29, 2021
Modification: People v. Cepeda
Penal Code Section 1170 permits a trial court, upon receiving a letter from the California Department of Corrections and Rehabilitation, to resentence a defendant under Senate Bill No. 1393. 		Criminal Law and Procedure 2DCA/4 Oct. 29, 2021
Harris v. County of Orange
A district court properly granted summary judgment in favor of a county because plaintiff asserted a vested right for continued insurance benefits that was at odds with the prescribed law of the county. 		Contracts 9th Oct. 29, 2021
K.L. v. R.H.
Courts must consider the history of domestic violence when evaluating whether both parties were primary aggressors. 		Family Law 4DCA/3 Oct. 28, 2021
Negron v. Superior Court (People)
A defendant qualified for mental health diversion because he suffered from a qualifying disorder despite also being diagnosed with an excluded disorder. 		Criminal Law and Procedure 5DCA Oct. 28, 2021
Protect Tustin Ranch v. City of Tustin
Substantial evidence supported a city's finding that the size of a proposed construction project qualified for the infill exemption under the California Environmental Quality Act. 		Environmental Law 4DCA/3 Oct. 28, 2021
U.S. v. Begay
Order 		9th Oct. 28, 2021
Modification: In re J.D.
A juvenile court was required to consider whether the child had a substantial, positive, emotional attachment before terminating a mother's parental rights. 		Juveniles 1DCA/2 Oct. 28, 2021
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 Oct. 27, 2021
People v. Shropshire
A defendant was entitled to apply the difference between his credits earned and his newly-reduced sentence to another term that he was serving. 		Criminal Law and Procedure 3DCA Oct. 27, 2021
People v. Jenkins
When a sentencing court's findings are made under a lower standard than reasonable doubt, they cannot preclude eligibility for relief based on the elimination of the natural and probable consequences doctrine. 		Criminal Law and Procedure 4DCA/2 Oct. 27, 2021
Cohen v. ConAgra Brands, Inc.
Because preemption is an affirmative defense, defendant must establish that preemption is valid through pleadings and supporting documents. 		Consumer Law 9th Oct. 27, 2021
Uribe v. Crown Building Maintenance Co.
The trial court erred in approving a settlement that included Private Attorneys General Act claims that plaintiff had not filed notice of. 		Employment Law 4DCA/3 Oct. 27, 2021
Modification: Rodriguez v. Superior Court (People)
The time between when a defendant has been certified as competent and the court's approval of that certificate does not count towards the two-year involuntary commitment limit. 		Criminal Law and Procedure 6DCA Oct. 27, 2021
Whole Woman's Health v. Jackson
Order 		USSC Oct. 26, 2021
Smith v. Dunn
Order 		USSC Oct. 26, 2021
U.S. v. Texas
Order 		USSC Oct. 26, 2021
In re Benjamin M.
An order terminating parental rights was reversed because the juvenile court and family services agency failed to comply with their duty of initial inquiry under the Indian Child Welfare Act. 		Juveniles 4DCA/2 Oct. 26, 2021
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 Oct. 26, 2021
Host International, Inc. v. City of Oakland
A business could not benefit from a tax certificate filing exception because it failed to provide information for the city's Tax Board to determine if the exception was applicable. 		Tax 1DCA/5 Oct. 26, 2021
Najarro v. Superior Court (Horizon Personnel Services, Inc.)
Arbitration clauses that waive employees' right to group or representative actions are contrary to the Private Attorneys General Act and demonstrate substantive unconscionability. 		Arbitration 4DCA/2 Oct. 26, 2021
CDK Global v. Brnovich
Because programmers would not necessarily engage in verbatim copying of protectable API source code, Arizona's Dealer Law did not conflict with the Copyright Act. 		Copyright 9th Oct. 26, 2021
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