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Amended Opinion: U.S. Wholesale Outlet & Distribution v. Innovation Ventures, LLC
District court made several legal and factual errors regarding whether companies were competitors in antitrust action. 		Antitrust 9th Dec. 26, 2023
People v. Ramirez
Compelled use of defendant's finger to unlock his phone did not violate his privilege against compulsory self-incrimination under the Fifth Amendment because it was not testimonial. 		Constitutional Law 6DCA Dec. 26, 2023
In re Essure Product Cases
Although plaintiff was an employee welfare benefit plan administrator, its state law tort claims did not relate to ERISA, and therefore were not preempted by ERISA. 		Torts 1DCA/3 Dec. 26, 2023
Grayot v. Bank of Stockton
Bank may not avoid potential liability for claims that transpired when it was the holder of the contract by later reassigning it. 		Consumer Law 3DCA Dec. 22, 2023
Walsworth v. Superior Court (People)
Criminal defendant was statutorily entitled to dismissal where he was not given a new trial within 60 days of filing a remittitur with a clerk despite a lack of prejudice. 		Criminal Law and Procedure 3DCA Dec. 22, 2023
Center for Biological Diversity v. Public Utilities Com.
The Public Utilities Commission's successor tariff to Public Utilities Code Section 2827.1 bore a reasonable relationship to the statutory purposes and language of the Section. 		Administrative Agencies 1DCA/3 Dec. 22, 2023
Kamal v. Eden Creamery LLC
District court abused its discretion by denying plaintiffs' motion to dismiss their claims without prejudice where the dismissal would not legally prejudice defendants. 		Civil Procedure 9th Dec. 22, 2023
Elden v. Nirvana LLC
Statute of limitations for personal injuries under child pornography law did not run for minor on cover of Nirvana's *Nevermind* album until after the album was republished. 		Civil Procedure 9th Dec. 22, 2023
Stettner v. Mercedes-Benz Financial Services USA, LLC
Consumers fighting tax fees assessed after vehicle lease's termination were required to exhaust their administrative remedies prior to filing suit. 		Tax 3DCA Dec. 22, 2023
Vulcan Lands, Inc. v. Victoria Older Currier
Ambiguous mineral rights agreement included sand and gravel because both have commercial value, can be mined, and have been mined in the area since the 1920's. 		Real Property 4DCA/1 Dec. 22, 2023
Yalung v. State of California
Sustaining demurrer was appropriate because there was no basis for finding the State was a vicariously liable joint employer of an In-Home Supportive Services provider directly hired by the recipient. 		Torts 5DCA Dec. 22, 2023
Haydon v. Elegance at Dublin
Because elderly care facility's arbitration clause was procedurally and substantively unconscionable, provision was unenforceable against former facility resident's Elder Abuse Act claim. 		Arbitration 1DCA/3 Dec. 21, 2023
Spears v. Spears
Trial court erred in dismissing pro se son's creditor claims against his deceased father's trust as totality of circumstances evidenced son's intent to follow court directive. 		probate_and_trusts 1DCA/4 Dec. 21, 2023
People v. Saldana
Criminal defendant entitled to full resentencing where his judgment included qualifying prior prison term enhancements even though the enhancements had been stayed. 		Criminal Law and Procedure 3DCA Dec. 21, 2023
Green Tree Headlands LLC v. Crawford
Anti-SLAPP motion in malicious prosecution suit should have been granted where defendant attorney made questionable calls, but it could not be said that no reasonable lawyer would have advanced the claims he put forth. 		Anti-SLAPP 1DCA/4 Dec. 21, 2023
Miller v. Pacific Gas & Electric Co.
Because evidence established that utility company's metal plate cover over a sidewalk did not pose a substantial risk of injury, trivial defect doctrine barred injured pedestrian's lawsuit. 		Torts 1DCA/3 Dec. 20, 2023
Olson v. State of California
Order 		9th Dec. 19, 2023
People v. Rojas
Application of Assembly Bill No. 333 to gang-murder special circumstance was not an unlawful amendment of Proposition 21. 		Criminal Law and Procedure CASC Dec. 19, 2023
Modification: People v. Trammel
*Serrato* exception to double jeopardy did not apply because trial court imposed a harsher sentence on remand rather than a more lenient one. 		Criminal Law and Procedure 1DCA/1 Dec. 19, 2023
People v. Diaz
Remand was appropriate where trial court was not made aware of most recent sentencing developments that could have affected defendant's sentencing. 		Criminal Law and Procedure 2DCA/8 Dec. 19, 2023
Zurich American Insurance Co. v. Workers' Compensation Appeals Board
Under Labor Code Section 5909, the Workers' Compensation Appeals Board no longer has jurisdiction to consider a deemed-denied petition for reconsideration after 60 days have passed. 		Workers' Compensation 2DCA/7 Dec. 19, 2023
Palomar Health v. National Nurses United
Public employer's civil trespass complaint was preempted by administrative proceeding alleging its suit was an unfair labor practice because conduct underlying its complaint was arguably protected by public labor laws. 		Labor Law 4DCA/1 Dec. 19, 2023
Barron v. Santa Clara Valley Transportation Authority
Dismissal was premature although civil matter had not been brought to trial within five years because a COVID emergency rule from the Judicial Council had extended the period by six months. 		Civil Procedure 6DCA Dec. 18, 2023
People v. Mitchell
Defendant's gang enhancements and sentence were remanded for resentencing under Assembly Bill 333 because there was no sentence in his case before the legislation was enacted. 		Criminal Law and Procedure 5DCA Dec. 18, 2023
People v. Frias
Although defendant had already been granted several requests to substitute in new counsel, denial of the most recent request was reversible error, as the new attorney was ready for trial and was not seeking a continuance. 		Criminal Law and Procedure 2DCA/7 Dec. 18, 2023
Modification: People ex rel. Schlesinger v. Sachs
Despite the Election Code's usual four-year term, councilmembers could not unilaterally extend two-year terms of office because the election notice specified that they were elected for a two-year term. 		Government 4DCA/3 Dec. 15, 2023
Rodriguez v. Superior Court (People)
For the purposes of Penal Code Section 1370(c)(1), the two-year maximum commitment period continues past the filing of the certificate indicating restored competency, until the court's decision on whether to accept certificate. 		Criminal Law and Procedure CASC Dec. 15, 2023
In re N.R.
For purposes of obtaining dependency court jurisdiction, parental substance abuse does not require medical professional diagnosis. 		Dependency CASC Dec. 15, 2023
People v. Manzoor
Reduction of wobbler from felony to misdemeanor offense did not relieve criminal defendant of his lifetime obligation to register as a sex offender because such relief was statutorily barred. 		Criminal Law and Procedure 1DCA/1 Dec. 15, 2023
People v. Lagunas
Defendant was properly convicted of *Watson* implied malice murder for drunk driving into a six-year-old girl with a blood alcohol concentration three times the legal limit. 		Criminal Law and Procedure 4DCA/3 Dec. 14, 2023
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