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Kielar v. Superior Court (Hyundai)
Rejecting *Felisilda v. FCA*'s holding, nonsignatory car manufacturer could not enforce arbitration provision in sales contract under the doctrine of equitable estoppel, where claims arose from warranty separate to sales contract. 		Arbitration 3DCA Aug. 17, 2023
Salguero Sosa v. Garland
Order 		9th Aug. 16, 2023
U.S. v. Eckford
Aiding and abetting an armed robbery under the Hobbs Act is a "crime of violence" that includes a mandatory minimum sentence for using a firearm. 		Criminal Law and Procedure 9th Aug. 16, 2023
Backcountry Against Dumps v. Federal Aviation Administration
The Federal Aviation Administration was required to provide specific notification of second comment review to non-profit organization who had shown they were an interested party to wind turbine project. 		Administrative Agencies 9th Aug. 16, 2023
Chambers v. Herrera
Prisoner-plaintiff failed to state a claim where his failure to protect and retaliation claims were new contexts to which the implied Bivens cause of action had never been extended. 		Prisoners' Rights 9th Aug. 16, 2023
U.S. v. Sadler
The provisions and commentary of the U.S. Sentencing Guidelines do not create a right to collaterally attack prior convictions used for sentence enhancement. 		Criminal Law and Procedure 9th Aug. 16, 2023
Parker v. County of Riverside
Defendant could not show that the Riverside County DA committed a *Brady* suppression of evidence violation by withholding the actual murderer's confession since defendant was not convicted. 		Civil Rights 9th Aug. 16, 2023
Alliance San Diego v. City of San Diego
Though the court affirmed that citizens' initiatives for special taxes only require a simple majority, the case was remanded to determine if citizens or the city controlled the initiative. 		Government 4DCA/1 Aug. 15, 2023
Lee v. Cardiff
Trial court did not err in denying Business and Professions Code Section 7168 attorney's fees when homeowner's swimming pool claim was mostly unsuccessful and only a small percentage of her award. 		Business Law 1DCA/1 Aug. 15, 2023
R.W. v. Columbia Basin College
*Ex parte Young* doctrine allowed a nursing student to bring his claim for injunctive relief against school officials because his allegedly wrongful academic sanctions constituted an ongoing constitutional violation. 		Civil Procedure 9th Aug. 15, 2023
Nacarino v. Kashi Co.
Consumer claims based on allegedly misleading food labels were preempted where sustaining them would have established a requirement for food labeling that differed from federal requirements. 		Consumer Law 9th Aug. 15, 2023
People v. Gray
A "spontaneous statement" (the hearsay exception) does not automatically satisfy a probationer's due process right of confrontation nor is automatically admissible at a probation revocation hearing. 		Criminal Law and Procedure CASC Aug. 15, 2023
California Dept. Corrections & Rehabilitation v. Workers' Compensation Appeals Board
Industrial disability leave cannot be increased by one half in cases of serious and willful employer misconduct because it is not "compensation" under Division 4 of the Labor Code. 		Workers' Compensation 4DCA/2 Aug. 15, 2023
Grant Park Neighborhood Assn. Advocates v. Dept. of Public Health
State Department of Public Health was required to engage in a back-and-forth interactive process with Santa Cruz law enforcement agencies before approving a needle and syringe exchange program in the county. 		Administrative Agencies 3DCA Aug. 15, 2023
Marriage of Hearn
Fee award in marital dissolution was appropriate where there was a disparity in ability to retain counsel and one party could contribute to the legal representation of both parties. 		Family Law 1DCA/2 Aug. 14, 2023
Committee to Support the Recall v. Logan
Trial court erred by improperly commanding Registrar to authorize use of electronic voter lists outside its examination room and to disclose redacted affidavits of voter registration. 		Government 2DCA/4 Aug. 14, 2023
Santa Rita Union School District v. City of Salinas
City was not required to include school project alternatives stemming from a potential lack of funding in its environmental impact report. 		Environmental Law 6DCA Aug. 14, 2023
Reyes-Corado v. Garland
Changed circumstances were sufficient to reopen removal proceedings where the petitioner's fear of persecution asserted in the original proceedings had not changed but had become more serious and real. 		Immigration 9th Aug. 14, 2023
York v. U.S.
Former chief financial officer was liable for claim based on tax penalty for unpaid payroll taxes where he had authority to pay taxes and recklessly disregarded whether they were paid. 		Tax 9th Aug. 14, 2023
Global Master Int'l Group, Inc. v. Esmond Natural Inc.
Chinese company had racketeering domestic injury standing because the injury arose in the U.S., even though U.S. company's supplements were sold in China. 		Torts 9th Aug. 14, 2023
Dorsey v. U.S.
A conviction for witness tampering by attempting to kill necessarily entails an element of using physical force and thus constitutes a "crime of violence". 		Criminal Law and Procedure 9th Aug. 14, 2023
Marriage of Cole
Trial court did not abuse its discretion in concluding that defendant's reported salary income was not determinative of his ability to pay child support in light of his assets and earning capacity. 		Family Law 1DCA/3 Aug. 14, 2023
Metabyte v. Technicolor S.A.
Equitable tolling doctrine may apply where technology company first attempted several legal remedies in France thereby missing the statute of limitations for similar causes of action in California. 		Civil Procedure 2DCA/8 Aug. 11, 2023
USA Sales, Inc. v. Office of the United States Trustee
Refund of excess fees was the appropriate remedy where Chapter 11 bankruptcy debtor paid quarterly fees to the United States Trustee that were later declared to be unconstitutional. 		Bankruptcy 9th Aug. 11, 2023
Infinity Select Insurance Co. v. Superior Court (Cal Leduc)
Because motor carriers, not insurers, bear responsibility for meeting statutory insurance coverage, trial court's raising of the insurer's actual policy limit to meet the requirement was improper. 		Insurance 5DCA Aug. 10, 2023
McCann v. City of San Diego
City satisfied writ of mandate by rescinding the resolutions that approved construction project that allegedly violated the California Environmental Quality Act. 		Environmental Law 4DCA/1 Aug. 10, 2023
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 Aug. 10, 2023
Moran v. Prime Healthcare Management, Inc.
Trial court properly struck emergency room patient's claim that hospital's failure to post or notify of a fee connected with emergency services was unfair and deceptive where the hospital complied with statutory fee notice requirements. 		Health Care 4DCA/3 Aug. 9, 2023
People v. Vance
When an appellate opinion is admitted at an evidentiary hearing under Section 1172.6 without objection, it is substantial evidence that the trial court can consider. 		Criminal Law and Procedure 4DCA/2 Aug. 9, 2023
Fonseca-Fonseca v. Garland
Denial of motion to reopen based on the petitioner's failure to establish prima facie eligibility for cancellation of removal required remand where the wrong standard of proof was applied. 		Immigration 9th Aug. 9, 2023
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