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Lin v. Kaiser Foundation Hospitals
Summary judgment of employee's disability discrimination claim against Kaiser was reversed because a reasonable jury could find that Kaiser's decision to terminate her was substantially motivated by her shoulder injury. 		Employment Discrimination 2DCA/4 Feb. 28, 2023
Galarsa v. Dolgen California, LLC
In light of *Viking River*, employer was entitled to compel arbitration of employee's Private Attorneys General Act claims that sought to recover civil penalties for Labor Code violations suffered by the employee. 		Arbitration 5DCA Feb. 28, 2023
Make UC a Good Neighbor v. Regents of University of Cal.
Environmental Impact Report for the University of California, Berkeley's proposed housing project requiring the demolition of People's Park, a historic site, was deficient because it failed to provide project alternatives. 		Environmental Law 1DCA/5 Feb. 28, 2023
Credit One Bank v. Hestrin
State action to enforce consumer protection laws against a national bank implicated important state interests and was not an improper exercise of visitorial powers. 		Banking 9th Feb. 28, 2023
State of California ex. rel. Sills v. Gharib-Danesh
Limitations period was stayed for the 962 days the insurance fraud complaint was under seal while under agency investigation because plaintiff could not take any litigative action during this time. 		Insurance 2DCA/1 Feb. 28, 2023
People v. Jones
Presentence custody credits for defendant who pled no contest to assault with a firearm was entitled to ordinary calculation of presentence custody credits. 		Criminal Law and Procedure 2DCA/8 Feb. 28, 2023
People v. Burgess
Reversal warranted when trial court's factual findings evidenced there was no felony predicating the felony murder conviction. 		Criminal Law and Procedure 3DCA Feb. 27, 2023
Committee to Relocate Marilyn v. City of Palm Springs
City's approval of closing off street from vehicles for three years in order to display a 26-foot-tall statue of Marilyn Monroe violated Vehicle Code Section 21101(e) because it was not a temporary closure. 		Government 4DCA/1 Feb. 27, 2023
People v. Lopez
Defendant was not entitled to reversal of his first degree murder conviction based on changes to the felony-murder rule because a special circumstance finding rendered him ineligible. 		Criminal Law and Procedure 4DCA/2 Feb. 27, 2023
Gordon v. Ervin Cohen & Jessup LLP
Attorneys could not be liable for malpractice to nonclient third parties in the absence of a clear, certain, and undisputed intent on the part of the client to benefit them. 		Attorneys 2DCA/2 Feb. 27, 2023
Marin v. Department of Transportation
No triable issue of fact existed regarding Department of Transportation's liability for death of contractor's employee where it properly delegated responsibility for workplace safety matters to contractor. 		Torts 1DCA/5 Feb. 27, 2023
Amended Opinion: Center for Community Action v. Federal Aviation Administration
Petitioners seeking review of a Federal Aviation Administration Final Environmental Assessment finding bear the burden of showing missteps on the part of the FAA. 		Environmental Law 9th Feb. 27, 2023
Best Rest Motel, Inc. v. Sequoia Insurance Co.
No insurance coverage for hotel's lost business income where the evidence indicated the loss was not directly caused by physical loss or damage caused by COVID-19. 		Insurance 4DCA/1 Feb. 27, 2023
Wood v. Kaiser Foundation Hospitals
The Healthy Workplaces, Healthy Families Act does not bar Private Attorneys General Act civil penalty claims for sick pay. 		Employment Law 4DCA/1 Feb. 27, 2023
People v. Johnson
Sentencing scheme for certain sex offenses violated the Sixth Amendment where it allowed for a judge, rather than a jury, to determine whether the offenses occurred on separate occasions. 		Criminal Law and Procedure 1DCA/4 Feb. 24, 2023
People v. McWilliams
Attenuation doctrine did not apply to evidence obtained in violation of Fourth Amendment because discovery of a parole search condition was not an intervening circumstance in officer's decision to search. 		Criminal Law and Procedure CASC Feb. 24, 2023
Bartenwerfer v. Buckley
Bankruptcy code excepts debts for money obtained by fraud from discharge regardless of the individual debtor's culpability for the underlying fraud. 		Bankruptcy USSC Feb. 23, 2023
Helix Energy Solutions Group, Inc. v. Hewitt
Toolpusher on offshore oil rig was not exempt from Fair Labor Standards Act because he was paid based on the number of days worked rather than a predetermined, unchanging "salary." 		Employment Law USSC Feb. 23, 2023
Cruz v. Arizona
The Arizona Supreme Court's application of state law to recent federal case law was so novel and unfounded that it did not constitute adequate state procedural grounds to preclude federal review. 		Criminal Law and Procedure USSC Feb. 23, 2023
People v. Kenney
Son received proper notice that he was violating his mother's domestic violence restraining order since deputies yelled to him about the move-out order before breaking his door and arresting him. 		Criminal Law and Procedure 4DCA/1 Feb. 23, 2023
People v. Muhammad
Trial court allowing jury to deliberate during the COVID-19 pandemic was neither coercive nor did it deprive defendant of due process of law. 		Criminal Law and Procedure 2DCA/6 Feb. 23, 2023
Modification: D.S. v. Superior Court (San Bernardino County Children and Family Services)
Mother's adoptive status did not dismiss juvenile court and child welfare agency's duty to further inquire as to adopted child's possible Native American ancestry. 		Dependency 4DCA/2 Feb. 23, 2023
J.K.J. v. City of San Diego
Order 		9th Feb. 22, 2023
People v. Sundberg
Defendant's appeal was dismissed because *Anders/Wende* independent review procedures do not apply to civil commitments. 		Criminal Law and Procedure 4DCA/1 Feb. 22, 2023
Modification: City of Oxnard v. Starr
City must adhere to legislative initiative that created new rules for City council meetings but was not required to adhere to administrative initiative that determined how tax funds were spent. 		Government 2DCA/6 Feb. 22, 2023
People v. Venable
Newly enacted Evidence Code Section 352.2 prevented admission of a prejudicial rap video into evidence because the statute applied retroactively to cases that are not yet final. 		Criminal Law and Procedure 4DCA/2 Feb. 22, 2023
Davis v. U.S.
Order 		USSC Feb. 22, 2023
American Rivers v. American Petroleum Institute
Under the Administrative Procedure Act, district courts must first find Clean Water Act rule changes unlawful in order to vacate the rule. 		Environmental Law 9th Feb. 22, 2023
Kappouta v. Valiant Integrated Services
Plaintiff was not entitled to defense contractor whistleblower protections where she failed to demonstrate a reasonable belief that her disclosure was related to a defense contract. 		Employment Law 9th Feb. 21, 2023
Garcia v. State Dept. of Developmental Services
Limitations period for proposed officer discipline began on date the misconduct that was used as the basis for demotion was discovered, rather than when the investigation began. 		Administrative Agencies 3DCA Feb. 22, 2023
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