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Crestwood Behavioral Health, Inc. v. Baass
Because the Reimbursement Act does not impose a mandatory, specific method to audit Medi-Cal supplemental payments, courts may not issue writs to exact such payments. 		Administrative Agencies 3DCA May 3, 2023
Starlight Cinemas, Inc. v. Massachusetts Bay Insurance Company
Business interruption policy that covered physical loss and damages precluded coverage for losses resulting from government-ordered suspension of operations during COVID-19 pandemic. 		Insurance 2DCA/7 May 3, 2023
Hernandez v. City of Stockton
Plaintiff failed to comply with government claim requirements when he identified an uplifted sidewalk as the dangerous condition in his claim, but an empty tree well as the dangerous condition in the civil action. 		Torts 3DCA May 2, 2023
Atkins v. St. Cecilia Catholic School
Summary judgment was improper where triable issues of fact existed regarding the ministerial exception's application to plaintiff, an office administrator and art teacher at defendant Catholic school. 		Constitutional Law 2DCA/8 May 2, 2023
West Pueblo Partners, LLC v. Stone Brewing Co., LLC
Stone Brewing could not withhold paying rent for new brewpub under lease's force majeure provision since COVID-19 restrictions did not delay, interrupt, or prevent timely payment. 		Contracts 1DCA/2 May 2, 2023
Glassman v. Safeco Insurance Company of America
Prejudgment interest was denied where the arbitration award did not make clear whether defendant could have readily ascertained the amount owed. 		Civil Procedure 6DCA May 2, 2023
Naranjo v. Doctors Medical Center of Modesto, Inc.
Emergency room patient's Consumer Legal Remedies Act claim war properly pleaded since he adequately alleged that medical center failed to provide material information about its evaluation and management services fee. 		Consumer Law 5DCA May 2, 2023
Upper Skagit v. Sauk-Suiattle
Language used in judicial opinion clearly and unambiguously established that district court did not intend to include the Skagit River in the Sauk-Suiattle Indian Tribe's usual and accustomed fishing grounds. 		Native American Affairs 9th May 2, 2023
Modification: County of Butte v. Dept. of Water Resources
California's environmental impact report for licensed hydropower facilities was sufficient because whether climate change necessitated project operation changes was too uncertain to evaluate. 		Environmental Law 3DCA May 2, 2023
Santa Ynez Band of Chumash v. Lexington Insurance Co.
Summary judgment for insurer on property damage claim was appropriate where insured provided no evidence of what specific covered property had been damaged. 		Insurance 2DCA/6 May 1, 2023
People v. Werntz
Mother's aiding and abetting second degree murder charge was valid even after changes to felony murder liability where she failed to protect her daughter from her husband who she knew was dangerous. 		Criminal Law and Procedure 4DCA/1 May 1, 2023
Wellsfry v. Ocean Colony Partners
Summary judgment was appropriate where golfer was injured by stepping on tree root because he assumed the risks inherent in interacting with the natural terrain of an outdoor golf course. 		Torts 1DCA/3 May 1, 2023
Bidari v. Kelk
Plaintiffs' malicious prosecution claim failed because complaint based the claim on acts--including arrest, warrant proceedings, and bail--that did not involve judicial proceedings nor would terminate in their favor. 		Torts 2DCA/1 May 1, 2023
State of California ex rel. Edelweiss Fund v. JPMorgan Chase & Co.
California False Claims Act's particularity requirement was met when complaint detailed financial institutions' "robo-setting" scheme to allegedly defraud investors. 		Banking 1DCA/4 May 1, 2023
Cruz v. City of Spokane
Order 		9th May 1, 2023
Optional Capital Inc. v. DAS Corporation
Order 		9th May 1, 2023
Berry v. Frazier
Demurrer inappropriate where complaint incorrectly designated statutory remedy as cause of action but alleged facts sufficient to support causes of action that could serve as a basis for such recovery. 		Torts 1DCA/3 May 1, 2023
People v. Bocanegra
Possession of an assault weapon charge did not violate defendant's Second Amendment right because an AR-15 rifle is not a weapon typically possessed by law-abiding citizens for lawful purposes. 		Constitutional Law 3DCA May 1, 2023
Modification: Barron v. Superior Court (People)
Merced District Attorney's third criminal complaint was dismissed under the two-dismissal rule where the second complaint was dismissed pursuant to an enumerated statute. 		Criminal Law and Procedure 5DCA Apr. 28, 2023
Tansavatdi v. City of Rancho Palos Verdes
Design immunity immunized City of Rancho Palos Verdes from liability for creating a traffic condition but did not preclude decedent's claim for failure to warn of a dangerous traffic condition. 		Immunity CASC Apr. 28, 2023
Davis v. Fresno Unified School Dist.
School district's lease-leaseback arrangement for building new facility funded by bonds was not a contract within Government Code Section 52511; consequently, validation statutes were inapplicable. 		Government CASC Apr. 28, 2023
Pool-O'Connor v. Guadarrama
Successor trustee deeding himself trust property through an attorney's letter was an improper exchange or sale of property, not a distribution under the Probate Code. 		probate_and_trusts 5DCA Apr. 27, 2023
McCormick v. California Public Employees' Retirement System
Successful party was entitled to attorneys' fees where the underlying action clarified and required enforcement of a statutory scheme that promoted public service and affected millions of employees. 		Civil Procedure 1DCA/1 Apr. 27, 2023
Downey v. City of Riverside
Plaintiff could plead a viable cause of action for negligent infliction of emotional distress based on hearing a car accident over the phone where she had knowledge of the dangerous condition that caused the accident. 		Torts 4DCA/1 Apr. 27, 2023
Modification: K.R. v. Superior Court (People)
Although Welfare & Institutions Code Section 709 establishes a maximum period of one year of remediation, the juvenile court's jurisdiction continued for a reasonable period afterward to resolve the minor's competency. 		Juveniles 2DCA/1 Apr. 27, 2023
People v. Fredrickson
Penal Code Section 1170(b)(6)(B)'s presumptive imposition of the lower sentencing term requires an initial showing that defendant's youth contributed to her crime. 		Criminal Law and Procedure 1DCA/5 Apr. 26, 2023
Westmoreland v. Kindercare Education LLC
Employer's arbitration agreement was invalid because the improper Private Attorneys General Act waiver and unambiguous poison pill provision rendered the entire arbitration agreement unenforceable. 		Arbitration 1DCA/2 Apr. 26, 2023
Chicken Ranch Rancheria v. State of California
Prevailing parties were not entitled to recover attorneys' fees under a California statute for federal claims brought in federal court dealing with purely federal questions. 		Civil Procedure 9th Apr. 26, 2023
Galanti v. Nevada Dept. of Corrections
District court erred in ignoring former Nevada prisoner's due process rights violation when the Department of Corrections failed to apply education credits that would have reduced his maximum sentence. 		Prisoners' Rights 9th Apr. 26, 2023
Basith v. Lithia Motors, Inc.
Nissan dealership's arbitration agreement for its general manager was enforceable because it contained no substantive unconscionability. 		Arbitration 2DCA/8 Apr. 25, 2023
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