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Moore v. Garnand
Tucson Police Officers were entitled to qualified immunity because plaintiffs did not show that the Officers' allegedly retaliatory investigation was clearly unlawful at the time. 		Immunity 9th Oct. 2, 2023
Sandoval v. Super. Ct.
A proceeding under Penal Code section 1172.6 following remand does not constitute a "new trial" within the meaning of section 170.6(a)(2) that would entitle a defendant to exercise a peremptory challenge. 		Santa Clara County Superior Court Sep. 29, 2023
People v. Lee
A defendant convicted of provocative-act-murder may be eligible for resentencing because it is a theory in which malice was imputed to the defendant solely based on his participation in a crime. 		Criminal Law and Procedure 2DCA/1 Sep. 29, 2023
People v. Davenport
Previously admitted witness testimony from preliminary hearing could be considered by trial court during resentencing petition hearing where the basis for its admission was still valid under current law. 		Criminal Law and Procedure 1DCA/4 Sep. 29, 2023
Winkler v. McCloskey
Receiver tasked with clawing back profits from a Ponzi scheme was acting on behalf of the receivership and may be bound by the operating agreements signed by the receivership entities. 		Arbitration 9th Sep. 29, 2023
Modification: Gray v. La Salle Bank
Two voluntary dismissals without prejudice in federal court do not categorically bar a state court action. 		Civil Procedure 6DCA Sep. 29, 2023
In re Casey
As Governor's decision to deny parole to inmate was supported by "some evidence," trial court's granting of writ was improper. 		Criminal Law and Procedure 2DCA/6 Sep. 29, 2023
Modification: Doe v. Superior Court (Na Hoku, Inc.)
Fees and costs owed for a pending employee or consumer arbitration proceeding must be received by the arbitrator within 30 days and a check that arrived after was untimely. 		Arbitration 1DCA/3 Sep. 29, 2023
People v. Bingham
Despite trial court improperly deeming victim's inconsistent statements inadmissible for impeachment purposes, reversal was not required because it was unlikely the statements would lead to a more favorable outcome. 		Evidence 1DCA/5 Sep. 28, 2023
People v. Peterson
Despite the off-putting nature of defendant's constitutionally protected speech dealing with local political issues, they contained no credible threats and could not serve as the basis of a stalking conviction. 		Criminal Law and Procedure 1DCA/3 Sep. 28, 2023
Fitness International v. KB Salt Lake III
Fitness company was required to finish renovations on a fitness center during COVID-19 because state and law orders allowed for construction of commercial buildings. 		Real Property 2DCA/7 Sep. 28, 2023
People v. Bodely
As the record conclusively established defendant as the actual killer, Penal Code Section 1172.6 resentencing was unavailable despite felony murder being used as theory to prove guilt. 		Criminal Law and Procedure 6DCA Sep. 28, 2023
Bondgraham v. Superior Court (City of Oakland)
Oakland's redaction of information regarding a police sex scandal with an underaged girl was improper because it failed to identify a valid redaction provision. 		Public Records Act 1DCA/2 Sep. 27, 2023
People v. Panighetti
Trial court did not err by instructing jury that it could consider defendant's prior uncharged sex offenses against victim. 		Criminal Law and Procedure 3DCA Sep. 27, 2023
Modification: Accurso v. In-N-Out Burgers
To meet intervention threshold requirements, non-party Private Attorneys General Act claimants may have a "significantly protectable" interest, even though the state is the real party in interest. 		Employment Law 1DCA/4 Sep. 27, 2023
Marriage of Simonis
Spouse who commingles separate property funds after separation must be able to trace that separate property using case law-approved methods and provide evidence accordingly. 		Family Law 3DCA Sep. 27, 2023
Modification: Hagey v. Solar Service Experts
Bills sent to homeowner were an attempt to collect an alleged consumer debt for purposes of the Rosenthal Act despite homeowner not actually owing any debt. 		Consumer Law 4DCA/3 Sep. 27, 2023
People v. Bratton
Petitioner could not contest being actual shooter in motion to vacate murder conviction where information included personal use firearm enhancements submitted to a jury after trial and found true. 		Criminal Law and Procedure 4DCA/2 Sep. 27, 2023
People v. Esparza
San Diego police officers' patdown of suspected gang member was constitutionally valid because there was specific evidence that suspect was armed at the time of the patdown. 		Constitutional Law 4DCA/1 Sep. 27, 2023
Brown v. State of Arizona
University's control over context in which abuse occurred was such that reasonable factfinder could conclude it was substantial enough to support a colorable claim for damages under Title IX. 		Education 9th Sep. 26, 2023
People v. Fisher
Defendant was ineligible for Penal Code Section 1172.6 resentencing because he admitted to shooting and killing victim at his plea colloquy. 		Criminal Law and Procedure 2DCA/5 Sep. 26, 2023
Sandoval v. Superior Court (People)
A proceeding under Penal Code section 1172.6 following remand does not constitute a "new trial" within the meaning of Section 170.6(a)(2) that would entitle a defendant to exercise a peremptory challenge. 		Criminal Law and Procedure 6DCA Oct. 3, 2023
Pacific Gas and Electric Co. v. Superior Court (South San Joaquin Irrigation District)
Pacific Gas & Electric may challenge another utility company's presumptive right to take its property and introduce evidence contradicting that right. 		Eminent Domain 3DCA Sep. 25, 2023
Modification: Piedmont Capital Management, L.L.C. v. McElfish
Lender's breach action was timely as to missed monthly installment payments still within the limitations period and unpaid accelerated future payments because the borrower's duties under the agreement were divisible. 		Contracts 2DCA/2 Sep. 25, 2023
Endeavor Operating Co., LLC v. HDI Global Insurance Co.
Cessation of business operations due to COVID-19 pandemic was not a covered loss under insurance policy that covered risk of loss resulting from direct physical loss or damage to policy. 		Insurance 2DCA/2 Sep. 25, 2023
Liapes v. Facebook, Inc.
Plaintiff's Unruh Act intentional discrimination claim survived dismissal because Facebook's audience selection tools for insurance ads intentionally discriminated based on age and gender. 		Civil Rights 1DCA/3 Sep. 25, 2023
EpicentRx, Inc. v. Superior Court (EpiRx LP)
Trial court properly declined to enforce forum selection clauses because plaintiffs would be deprived of their right to a jury trial if forced to litigated in the Delaware Court of Chancery. 		Civil Procedure 4DCA/1 Sep. 25, 2023
People v. Burns
Penal Code Section 1172.6 resentencing request was properly denied when assertion of jury instructional error did not involve statutory changes to felony murder doctrine. 		Criminal Law and Procedure 4DCA/1 Sep. 25, 2023
Harstein v. Hyatt Corp.
Hyatt's temporary furlough of hotel workers due to COVID-19 constituted a "discharge" that required immediate payment of earned wages. 		Employment Law 9th Sep. 25, 2023
Jensen v. EXC Inc.
District court erroneously allowed the introduction of hearsay opinions of a non-testifying putative expert. 		Evidence 9th Sep. 25, 2023
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