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Quishenberry v. UnitedHealthcare, Inc.
Claims based on common law and state-law duties duplicative of standards established under Part C of the Medicare Act were preempted by Part C's sweeping preemption provision. 		Health Care CASC Jul. 14, 2023
Grace v. The Walt Disney Company
Disney benefited from a "City Subsidy" under Anaheim's Living Wage Ordinance since it received a rebate of a portion of the incremental tax revenues collected by the city. 		Tax 4DCA/3 Jul. 14, 2023
Rosenberg-Wohl v. State Farm Fire and Casualty Co.
Plaintiff's Unfair Competition Law claim was time barred by the one-year limitation provision in her homeowner insurance policy because the gravamen of her claim arose out of the parties' contractual relationship. 		Insurance 1DCA/2 Jul. 13, 2023
Hymas v. U.S. Dept. of Interior
District court's imposition of partial filing fee on pro se plaintiff proceeding in forma pauperis totaling 10 percent of his cash was not an abuse of discretion. 		Civil Procedure 9th Jul. 13, 2023
Moe v. GEICO Indemnity Co.
Evidentiary inquiry was needed to determine whether the Class Action Fairness Act's amount-in-controversy requirement was satisfied such that the district court had subject matter jurisdiction over putative class action. 		Civil Procedure 9th Jul. 13, 2023
Rancheria v. Martin
State court did not lack subject matter jurisdiction to hear tribe's dispute against defendants regarding land the tribe owns in fee simple, not held in trust by the federal government. 		Native American Affairs 3DCA Jul. 13, 2023
City of Hesperia v. Lake Arrowhead Community Services Dist.
Plaintiff city's writ request to stop solar project was barred by the doctrine of laches as its unreasonable delay in raising the project's eligibility issue unduly prejudiced defendant. 		Municipal Law 4DCA/1 Jul. 13, 2023
Corrales v. California Gambling Control Commission
Court lacked jurisdiction to determine whether a party represented a California tribe when entering into a fee agreement because Bureau of Indian Affairs could not confer ostensible authority. 		Native American Affairs 4DCA/1 Jul. 12, 2023
People v. Superior Court (Tapia)
Unavailability of judges and courtrooms, though related to COVID, did not justify extending Penal Code Section 1382 deadline when actual cause was due to chronic backlog predating COVID. 		Criminal Law and Procedure 4DCA/2 Jul. 12, 2023
Thai v. International Business Machines Corp.
Employer was statutorily obligated to reimburse work-from-home expenses incurred by its employees as a direct result of their job duties even though the employer did not directly cause the expenses. 		Employment Law 1DCA/5 Jul. 12, 2023
Love v. Villacana
If a federal action is dismissed for lack of Article III standing and a plaintiff opts to refile in state court (rather than appeal the dismissal), a defendant waives any jurisdictional issue preclusion argument upon voluntary removal of the lawsuit back to federal court. 		Civil Procedure 9th Jul. 12, 2023
Patel v. City of Los Angeles
Defendants' argument, that they were deprived of notice before Los Angeles City seized their personal and business bank funds to satisfy a judgment, failed because there was minimal risk of erroneous deprivation. 		Civil Procedure 9th Jul. 12, 2023
Longobardo v. Avco Corporation
Although an order denying motion for summary judgment was dispositive of the parties' rights regarding statute of repose, it was not appealable because it did not require payment or performance. 		Civil Procedure 4DCA/3 Jul. 12, 2023
People v. Arnold
Trial court's conclusion that defendant stabbed the victim improperly contradicted jury's prior finding regarding knife-related sentencing enhancement. 		Criminal Law and Procedure 2DCA/2 Jul. 12, 2023
Lotus Vaping Technologies, LLC v. U.S. Food & Drug Administration
Tobacco Control ACT (TCA) authorizes the FDA to require manufactures to submit comparative health risk data. 		Administrative Agencies 9th Jul. 10, 2023
Olen Properties Corp. v. City of Newport Beach
Residential housing project approved by the City of Newport Beach was consistent with existing public land use policies and did not require a new environmental impact report. 		Environmental Law 4DCA/3 Jul. 11, 2023
County of Santa Clara v. Superior Court (Doctors Medical Center of Modesto, Inc.)
Government Claims Act did not immunize Santa Clara County from reimbursing hospitals who provided emergency services to patients enrolled in the County's health plan. 		Health Care CASC Jul. 11, 2023
People v. Madrigal
Court's failure to instruct on amended felony murder rule was not harmless because a juror could have reasonable doubts that defendant was a major participant in the murder. 		Criminal Law and Procedure 6DCA Jul. 10, 2023
Doe I v. Cisco Systems, Inc.
Allegations that corporate defendant knowingly provided technology that assisted Chinese Public Security in identifying and torturing Falun Gong adherents was sufficient to state a claim under customary international law. 		International Law 9th Jul. 10, 2023
Bernal v. Sacramento County Sheriff's Dept.
Parents of teen suspected of possibly executing a school shooting may be detained for a short period because of the special circumstances. 		Civil Rights 9th Jul. 10, 2023
Amended Opinion: Johnson v. City of Grants Pass
Under the Eight Amendment's Cruel and Unusual Punishment Clause, homeless individuals may not be prosecuted for protecting themselves against the elements. 		Constitutional Law 9th Jul. 7, 2023
People v. Gaines
Stepping out of a vehicle and discharging a firearm falls under discharging a firearm from a vehicle. 		Criminal Law and Procedure 5DCA Jul. 7, 2023
U.S. v. Roper
District courts' discretion in resentencing cases includes the ability to consider decisional changes in the law to determine whether extraordinary and compelling reasons for granting relief exist. 		Criminal Law and Procedure 9th Jul. 7, 2023
Johnson v. Barr
Defendant officers were entitled to qualified immunity in a false arrest case for misdemeanor public intoxication and felony child endangerment. 		Civil Rights 9th Jul. 7, 2023
Kuciemba v. Victory Woodworks, Inc.
Construction company did not owe a duty of care to worker's wife who was infected with COVID-19 because recognizing such a duty would create an intolerable burden on society. 		Torts CASC Jul. 7, 2023
People v. Jackson
Assembly Bill No. 1950 applied retroactively to reduce probation term and prevented alleged violations occurring more than two years after term began from serving as basis for revoking probation. 		Criminal Law and Procedure 1DCA/4 Jul. 7, 2023
Modification: Raju v. Superior Court
Plaintiffs sufficiently alleged a taxpayer cause of action based upon the court's asserted violations of statutes that require expediting and prioritizing criminal proceedings. 		Civil Procedure 1DCA/4 Jul. 7, 2023
People v. Newell
Senate Bill No. 483 resentencing pursuant to Penal Code Section 1172.74(b) must be initiated by the Department of Corrections and Rehabilitation, not the prisoner. 		Criminal Law and Procedure 2DCA/6 Jul. 7, 2023
Nigel B. v. Burbank Unified School District
Although student-plaintiff had been injured during PE touch football game, the primary assumption of the risk doctrine did not apply because his participation was mandatory. 		Torts 2DCA/5 Jul. 6, 2023
Blue Mountains Biodiversity Project v. Jeffries
Because the U.S. Forest Service retained control and considered several alternatives, its project replacing diseased trees with disease-resistant ones did not violate the National Environmental Policy Act. 		Environmental Law 9th Jul. 6, 2023
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