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Persiani v. Superior Court (People)
Trial courts have authority to order treatment via mental health diversion for mentally incompetent misdemeanor defendants charged with driving under the influence. 		Criminal Law and Procedure 4DCA/3 Mar. 1, 2024
Geffner v. Board of Psychology
Board's revocation of a psychologist's license was reversed where the psychologist evaluated two children for suicidality without their father's consent, concluding it was an emergency situation. 		Administrative Agencies 2DCA/3 Mar. 1, 2024
W. Bradley Electric v. Mitchell Engineering
Refusing to set aside attorney's unauthorized dismissal of cross-complaint was not an abuse of discretion where the client failed to act promptly to rectify the situation, ratifying the dismissal. 		Civil Procedure 1DCA/5 Mar. 1, 2024
McDonald v. Lawson
Doctors' constitutional case against COVID-19 misinformation law was moot because the possibility of enforcement was remote and there was no indication of reenactment. 		Civil Procedure 9th Mar. 1, 2024
Lexington Insurance Co. v. Smith
Tribal Court had subject-matter jurisdiction over the Tribe's claim against nonmember off-reservation insurance companies that participated in an insurance program tailored to and offered exclusively to tribes. 		Native American Affairs 9th Mar. 1, 2024
Berlanga v. University of San Francisco
University of San Francisco's general statements regarding class locations and on-campus activities did not amount to contractual promises to provide in-person instruction during COVID-19. 		Education 1DCA/3 Mar. 1, 2024
Sundholm v. Hollywood Foreign Press Assn.
Plaintiff's counsel was not disqualified because there was no evidence that his review of privileged draft bylaws resulted in a legal disadvantage for defendant. 		Attorneys 2DCA/7 Feb. 29, 2024
Hohenshelt v. Superior Court (Golden State Foods Corp.)
Because extension for arbitration fees' payment must be agreed to by all parties, arbitrator's extension of due date for late payment did not prevent waiver of right to arbitration. 		Arbitration 2DCA/8 Feb. 29, 2024
People v. Robinson
Evidence Code Section 1109 allowed admittance of defendant's prior domestic violence conviction through a certified record of conviction. 		Criminal Law and Procedure 4DCA/3 Feb. 29, 2024
Amended Opinion: U.S. v. Alahmedalabdaloklah
Statute criminalizing destruction of U.S. government property overcame presumption against extraterritoriality because it criminalized conduct directly harming the government and had foreseeable extraterritorial applications at the time it was passed. 		Criminal Law and Procedure 9th Feb. 29, 2024
Molinar v. 21st Century Insurance Co.
Under Insurance Code Section 662(a)'s strict notice requirements, insurance company's cancellation of policy was invalid when adult daughter, as a named insured, was not given notice of cancellation. 		Insurance 4DCA/1 Feb. 28, 2024
People v. Gaillard
Defendant's guilty plea of aiding and abetting voluntary manslaughter did not conclusively render him ineligible for relief under Penal Code Section 1172.6. 		Criminal Law and Procedure 4DCA/1 Feb. 28, 2024
Jones v. Solgen Construction
Appellants failed to show that their evidence of a valid arbitration agreement was uncontradicted because there was evidence the 81-year-old signee did not understand the loan agreement she signed. 		Arbitration 5DCA Feb. 28, 2024
People v. Patterson
Redesignating felony murder conviction as burglary conviction was improper where the trial record indicated that robbery had been the felony underlying the murder conviction. 		Criminal Law and Procedure 5DCA Feb. 28, 2024
Conservatorship of T.B.
Trial court's abuse of discretion in granting trial continuances did not require reversal of ultimate conservatorship order. 		Civil Procedure 1DCA/2 Feb. 28, 2024
Bekkerman v. California Dept. of Tax and Fee Admin.
Regulations allowing cellphones to be taxed based on their unbundled price rather than the cost with bundled service did not violate Revenue and Tax Code provisions. 		Tax 3DCA Feb. 28, 2024
People v. Lopez
Criminal defendant ineligible for resentencing where he directly aided and abetted the actual shooter resulting in the death of unintended victim because the doctrine of transferred intent remained intact. 		Criminal Law and Procedure 5DCA Feb. 28, 2024
Ayers v. FCA US, LLC
Code of Civil Procedure Section 998's limitations on expenses and costs incurred following an offer to compromise applies even when a case is resolved via pretrial settlement. 		Civil Procedure 2DCA/8 Feb. 28, 2024
People v. Pittman
It was not an abuse of discretion for a trial court to rely on victim estimates when determining the appropriate amount of a restitution order. 		Criminal Law and Procedure 1DCA/4 Feb. 28, 2024
People v. Mares
Defendant failed to make a prima facie showing that he was eligible for Penal Code Section 1172.6 relief because the record showed he was the sole killer and not an accomplice. 		Criminal Law and Procedure 4DCA/2 Feb. 27, 2024
People v. Rios
Officer's testimony regarding laser narcotics identification test should have been excluded because it was based on new scientific technique, and prosecution failed to establish its general acceptance among scientific community. 		Criminal Law and Procedure 4DCA/3 Feb. 27, 2024
People v. McDowell
Elevated sentence was not error under Senate Bill 81 where the sentence was imposed pursuant to an alternative punishment provision for aggravated circumstances of underlying felony rather than an enhancement. 		Criminal Law and Procedure 4DCA/3 Feb. 27, 2024
Modification: County of Alameda v. Alameda County Taxpayers' Assn., Inc.
Despite involvement of certain government officials, voter tax initiative, passed by simple majority, was valid. 		Tax 1DCA/5 Feb. 27, 2024
Creech v. Richardson
Death row inmate's third habeas petition was properly dismissed as violating rule against successive petition given because his claim had been ripe and could have made in his prior petition. 		Prisoners' Rights 9th Feb. 27, 2024
Creech v. Tewalt
Death row inmate's due process claims regarding his method of execution lacked merit. 		Constitutional Law 9th Feb. 27, 2024
Creech v. Bennetts
Death row inmate's petition for commutation was denied because the Commission of Pardons and Parole's proceedings were not wholly arbitrary. 		Constitutional Law 9th Feb. 27, 2024
Jamgotchian v. Ferraro
California Horse Racing Board decision did not preclude 42 U.S.C. Section 1983 constitutional claims in federal court because the Board lacked authority to decide constitutional claims. 		Civil Procedure 9th Feb. 27, 2024
TriCoast Builders, Inc. v. Fonnegra
Where the right to a jury trial has been validly waived and relief from the waiver subsequently denied, obtaining reversal of the denial requires the appellant to demonstrate actual prejudice. 		Constitutional Law CASC Feb. 27, 2024
Modification: People v. Franco
Since defendant provided substantial evidence of 37 years of law-abiding behavior, defendant was entitled to be removed from sex offender registry despite his underlying sex crime's atrocity. 		Criminal Law and Procedure 2DCA/2 Feb. 26, 2024
Modification: City of Norwalk v. City of Cerritos
City was immune from liability for public nuisance caused by the necessary consequences of the statutorily authorized adoption of an ordinance that prohibited certain trucks from using its streets. 		Immunity 2DCA/2 Feb. 26, 2024
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