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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Banister v. Marinidence Opco, LLC
Arbitration properly denied after evidence showed former employee who allegedly signed electronic arbitration agreement was not only person who could have executed agreement. 		Arbitration 1DCA/5 May 25, 2021
People v. Scully
Excusal of prospective juror was proper because she described death vote as 'possibility' but never stated she could actually impose death penalty when warranted. 		Criminal Law and Procedure CASC May 25, 2021
Smart Corner Owners Assn. v. CJUF Smart Corner LLC
Requiring condominium association to obtain consent of majority of owners before filing construction defect claim violates state public policy supporting quality residential construction. 		Real Property 4DCA/1 May 24, 2021
People v. Watson
Trial court did not err in designating defendant's vacated murder conviction as both first degree burglary and first degree robbery under Penal Code Section 1170.95(e). 		statutory_interpretation 1DCA/3 May 24, 2021
U.S. v. Lopez
Defendant was entitled to shorter sentence than mandatory five-year minimum because safety-valve only bars defendants who meet all three of its criteria. 		Criminal Law and Procedure 9th May 24, 2021
Franklin v. Community Regional Medical Center
Nonsignatory hospital may compel arbitration because plaintiff's Labor Code claims were 'intimately founded in and intertwined with' her contracts with staffing agency. 		Arbitration 9th May 24, 2021
Stafford v. Rite Aid Corp.
Equitable estoppel doctrine did not bind plaintiff to arbitration agreements in contracts between pharmacy and pharmacy benefits managers because plaintiff's fraud claims were independent of obligations under those agreements. 		Arbitration 9th May 24, 2021
McIsaac v. Foremost Insurance Company
Trial court erred in denying petition to arbitrate because although litigation involved some nonarbitrable issues, defendant was entitled to arbitrate amount of plaintiff's underinsured motorist claim. 		Arbitration 1DCA/1 May 21, 2021
U.S. v. Gibson
Defendant's place restriction forbidding him from visiting any place primarily used by children was not unconstitutionally vague or overbroad. 		Constitutional Law 9th May 21, 2021
Amended Opinion: Boule v. Egbert
'Bivens' remedies were available where US citizen alleged that border patrol agent violated Fourth Amendment by using excessive force while carrying out official duties within US. 		Civil Rights 9th May 21, 2021
Hyatt v. Office of Management and Budget
Office of Management and Budget not required to approve challenged U.S. Patent & Trademark Office's rules because rules did not impose 'collections of information' subject to Paperwork Reduction Act. 		statutory_interpretation 9th May 21, 2021
Gilbert v. U.S.
District court was correct that it lacked subject matter jurisdiction over plaintiffs' suit for declaratory judgment related to federal tax obligations. 		Tax 9th May 21, 2021
People v. Houle
Court cannot unilaterally modify plea bargain upon striking Penal Code Section 667.5(b) enhancement; thus, remand was appropriate for trial court to strike enhancement and parties may enter into new agreement. 		Criminal Law and Procedure 1DCA/3 May 20, 2021
Phipps v. Copeland Corporation
Defendant did not meet its burden of establishing its percentage of comparative fault could not be as large as 60 percent. 		Remedies 2DCA/7 May 20, 2021
Nunn v. JPMorgan Chase Bank
Parties' agreement in open court to trial date outside three-year period extended statutory deadline to that trial date. 		Civil Procedure 1DCA/4 May 20, 2021
People v. Moore
Based on totality of circumstances, officer possessed probable cause to search Jeep for unlawful quantity of marijuana. 		Criminal Law and Procedure 3DCA May 20, 2021
In re S.R.
There was 'reason to believe' children had Indian ancestry for purposes of Indian Child Welfare Act because grandfather indicated great-grandmother had ancestry tracing to the Yaqui tribe. 		Dependency 4DCA/2 May 20, 2021
Modification: People v. Flores
In determining whether to strike gun enhancement, trial judge properly considered seriousness of injury and degree of danger defendant posed to public. 		Criminal Law and Procedure 4DCA/2 May 20, 2021
Irving Firemen's Relief & Retirement Fund v. Uber Technologies
Plaintiff's securities fraud claim was properly dismissed because it failed to adequately allege loss causation as required by Federal Rule of Civil Procedure 9(b). 		Securities 9th May 20, 2021
San Diegans for Open Government v. Fonseca
Plaintiff lacked standing because it failed to establish that it, or its member who qualified as 'resident,' paid tax that funded local agency one year prior to commencement of action. 		Civil Procedure 4DCA/1 May 20, 2021
Bruni v. The Edward Thomas Hospitality Corporation
Earlier period of employment that ended in voluntary resignation could not be aggregated with later period of employment that ended in layoff to meet six-month minimum period of employment under City's Ordinance. 		Employment Law 2DCA/3 May 19, 2021
Colebrook v. CIT Bank, N.A.
Trial court properly sustained defendant's demurrer based on res judicata because plaintiff's claims invoked same primary right as her three previous lawsuits that she brought against same defendant. 		Civil Procedure 2DCA/6 May 19, 2021
California Manufacturers & Technology Assoc. v. State Water Resources Control Bd.
State Water Resources Control Board's maximum contaminant level for trichloropropane complied with Safe Drinking Water Act's requirement that new drinking water standards be 'economically feasible.' 		Water Rights 3DCA May 19, 2021
People v. Financial Casualty & Surety
Procedural errors in trial court's setting of bail during criminal prosecution do not abrogate surety's financial obligation in collateral bail proceeding. 		Civil Procedure 2DCA/4 May 19, 2021
Walsh v. Browne
Secretary of Labor cannot be compelled to arbitrate in Fair Labor Standards Act enforcement action even if employees had agreed to arbitration because it was not party to arbitration agreement. 		Arbitration 9th May 19, 2021
Witherow v. Baker
There was no precedent establishing that prison official's monitoring of inmate's legal calls with attorney representing him in civil matter violated inmate's Fourth Amendment rights; thus, qualified immunity was proper. 		Constitutional Law 9th May 19, 2021
Padilla Carino v. Garland
Without agreement between parents to transfer legal custody to naturalized parent during petitioner's childhood, 'nunc pro tunc' order cannot retroactively establish naturalized parent's sole legal custody for automatic derivative citizenship. 		Immigration 9th May 19, 2021
Calvert v. Texas
Order 		USSC May 18, 2021
Alabama v. Al Conference of NAACP
Order 		USSC May 18, 2021
Dobbs v. Jackson Women's Health
Order 		USSC May 18, 2021
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