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Name Category Published
In re Damari Y.
Father entitled to hearing on petition to modify order terminating reunification services where new evidence showed his incarceration during COVID-19 pandemic may have denied him access to reasonable reunification services. 		Dependency 1DCA/2 Jun. 20, 2023
People v. Farias
Trial court's silence at the sentencing hearing on strike allegations for defendants' prior serious felonies meant the allegations were assumed to be untrue. 		Criminal Law and Procedure 3DCA Jun. 19, 2023
Rodas-Gramajo v. Superior Court (People)
Order granting prosecution a new preliminary hearing to proffer additional evidence for a gang enhancement was not an abuse of discretion where the omissions were minor and due to the new law. 		Criminal Law and Procedure 1DCA/3 Jun. 19, 2023
Shah v. Dept. of Human Resources
State employee's claim was timed barred by specific limitations period provided for claims related to laws administered by CalHR that took precedence over more general period provided for government claims. 		Civil Procedure 3DCA Jun. 19, 2023
Modification: Campana v. East Bay Municipal Utility District
Statute of limitations on plaintiffs' complaint invalidating water fees began when the fee structure was adopted, not when the fees were imposed, since the complaint was intended to invalidate the resolutions. 		Administrative Agencies 1DCA/4 Jun. 19, 2023
United States ex rel. Polansky v. Executive Health Resources, Inc.
The Government may move to dismiss a qui tam action under the False Claims Act regardless of whether it intervened during the seal period or later during the action. 		Civil Procedure USSC Jun. 19, 2023
Lora v. U.S.
Sentence for conviction under 18 U.S.C. Section 924(j) not governed by consecutive-sentence mandate contained in 18 U.S.C. Subsection 924(c) despite former's reference to the latter with respect to offense elements. 		Criminal Law and Procedure USSC Jun. 19, 2023
Hopson v. Alexander
Use of force predicated on suspicion of impending criminal activity was not sufficient basis for denying qualified immunity from claims based on those acts because it was not objectively unreasonable. 		Civil Rights 9th Jun. 19, 2023
Modification: San Bernardino County Board of Supervisors v. Monell
Voter initiative limiting San Bernardino County supervisors to a single four-year term was constitutional. 		Constitutional Law 4DCA/2 Jun. 19, 2023
Briggs v. Elliott
Trial court properly awarded prevailing party postjudgment collection costs on anti-SLAPP judgment because plaintiff failed to file a timely motion to tax costs. 		Remedies 4DCA/1 Jun. 19, 2023
People v. Ocegueda
Defendant's first degree murder conviction was affirmed where nothing in the record indicated that the jury was improperly instructed regarding when the objective standard for provocation should be applied. 		Criminal Law and Procedure 4DCA/3 Jun. 16, 2023
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
The Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes. 		Bankruptcy USSC Jun. 16, 2023
Haaland v. Brackeen
Indian Child Welfare Act's Indian family placement preferences did not violate Congress's Article I powers because Congress's power to legislate regarding Indian affairs was plenary even in state custody proceedings. 		Native American Affairs USSC Jun. 16, 2023
Smith v. U.S.
The Constitution permits the retrial of a defendant following vacatur for a trial in an improper venue conducted before a jury drawn from the wrong district. 		Criminal Law and Procedure USSC Jun. 16, 2023
Leach v. Kijakazi
Administrative Law Judge's omission of an important qualifying adjective when questioning vocational expert about jobs available for a hypothetical person with disability claimant's mental limitations was not a harmless error. 		Administrative Agencies 9th Jun. 16, 2023
Aargon Agency Inc. v. O'Laughlin
Denial of temporary restraining order and preliminary injunction was appropriate where debt collectors failed to establish their facial challenge to Nevada S.B. 248 was likely to succeed on the merits. 		Consumer Law 9th Jun. 16, 2023
Lucas v. City of Pomona
Overlay district established by city for its commercial cannabis permit program was exempt from California Environmental Quality Act because it was consistent with the existing general plan and environmental report. 		Environmental Law 2DCA/8 Jun. 15, 2023
Modification: People v. Odell
Prosecutor's potentially ambiguous statements about a heat of passion defense were irrelevant because video evidence showed the allegedly provocating confrontation was relatively minor. 		Criminal Law and Procedure 2DCA/8 Jun. 15, 2023
Modification: North American Title Company v. Superior Court (Cortina)
Insurance companies' judge disqualification claim, based on judge's bias because of comments regarding companies' chicanery, was unwaivable. 		Judges 5DCA Jun. 15, 2023
Wildearth Guardians v. U.S. Forest Service
Environmental groups lacked standing where they could not demonstrate possible lethal removal of wolves from Colville Forest was traceable to U.S. Forest Service, which neither regulated nor performed removals. 		Civil Procedure 9th Jun. 15, 2023
U.S. v. Lucas
Finding that defendant's firearm could accept a large capacity magazine, which subjected him to a sentence enhancement with an extremely disproportionate impact, was not supported by clear and convincing evidence. 		Criminal Law and Procedure 9th Jun. 15, 2023
People v. Waqa
Opinion 		1DCA/1 Jun. 14, 2023
People v. Waqa
Evidence that was insufficient to support defendant's enhanced sentence for aggravated kidnapping was still sufficient to support an enhanced sentence for the lesser included offense of simple kidnapping. 		Criminal Law and Procedure 1DCA/1 Jun. 15, 2023
U.S. Securities & Exchange Commission v. Husain
Summary judgment and imposition of $1,757,000 civil penalty were inappropriate where genuine issues of material fact existed as to the amount of the defendant's gross pecuniary gain and scienter. 		Securities 9th Jun. 14, 2023
U.S. v. PetroSaudi Oil Services
Funds held in account controlled by High Court of England and Wales were not shielded by Foreign Sovereign Immunities Act because privately-owned corporate entity still retained ownership of the funds. 		Civil Procedure 9th Jun. 14, 2023
U.S. v. Alaniz
Sentencing enhancement for possessing a firearm during the commission of felony offense was constitutional because it was consistent with this Nation's historical tradition of regulating the right to bear arms. 		Criminal Law and Procedure 9th Jun. 14, 2023
Grabowski v. Arizona Board of Regents
University athlete's Title IX harassment claim required allegations that specifically established a link between teammates' severely bullying behavior based on his perceived sexual orientation and resultant missed educational opportunities. 		Education 9th Jun. 14, 2023
Donovan v. Vance
Federal employees' and contractors' challenge to Executive Orders mandating COVID-19 vaccines was moot since recent Executive Order explicitly revoked the challenged Orders. 		Civil Procedure 9th Jun. 14, 2023
Claremont Canyon Conservancy v. Regents of the University of California
Environmental impact report for vegetation removal projects at the University of California, Berkeley was sufficiently specific since it allowed the public to understand the projects' environmental consequences. 		Environmental Law 1DCA/3 Jun. 13, 2023
Evans v. McCallister
Chapter 13 Trustee was not entitled to any fees from funds paid pursuant to a proposed bankruptcy plan when the Chapter 13 case was dismissed before the plan was confirmed. 		Bankruptcy 9th Jun. 13, 2023
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