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Casson v. Orange County Employees Retirement System
Because CalPERS pensioner did not elect reciprocity, his disability pension with Orange County Employees Retirement System should not have been offset. 		Government 4DCA/3 Feb. 1, 2023
Estate of Franco
Family Code Section 7540(a)'s marital presumption requires a finding that the child was conceived and born while the parents were living together. 		probate_and_trusts 1DCA/3 Feb. 1, 2023
D.O. v. Escondido Union School District
Four-month delay before proposing student's autism assessment plan did not constitute procedural violation of federal education law where delay violated no statutory timelines. 		Education 9th Feb. 1, 2023
Amended Opinion: Metlakatla Indian Community v. Dunleavy
While not expressly stating the Metlakatla Native American's right to fish in certain Alaskan waters, the 1891 Act establishing their reservation required inference of such a right. 		Native American Affairs 9th Feb. 1, 2023
Marriage of Belthius
Ex-husband's pension calculations must comport with the stipulated judgment agreed to at separation. 		Family Law 2DCA/2 Feb. 1, 2023
In re M.V.
Psychological evaluator's bonding study of minor's relationship with her parents was improper because it did not focus on the psychological relationship between the minor and her parents. 		Dependency 2DCA/8 Jan. 31, 2023
Travis v. Brand
Prevailing defendants in a Political Reform Act suit must show that either plaintiffs pursued or continued a frivolous claim to recoup attorneys' fees and costs. 		Government CASC Jan. 31, 2023
U.S. v. Baker
Police exceeded the appropriate scope of a stop-and-frisk search of the defendant by seizing a car key, locating the car it belonged to, and searching the car. 		Criminal Law and Procedure 9th Jan. 31, 2023
Save Livermore Downtown v. City of Livermore
City's development complied with planning and zoning laws where it was consistent with prior plans for which an Environmental Impact Report had been certified. 		Government 1DCA/3 Jan. 30, 2023
Ventura29 v. City of San Buenaventura
Court's demurrer to plaintiff's inverse condemnation claim against the City of San Buenaventura was affirmed because plaintiff failed to appeal the City's engineering decision to the City's Public Works Director. 		Real Property 2DCA/6 Jan. 30, 2023
Darby v. Sisyphian, LLC
Gentleman's club owner's response to former employee's confirmation of arbitration award was statutorily untimely. 		Arbitration 2DCA/2 Jan. 30, 2023
People v. Ortiz
Refusal to dismiss enhancement was not an abuse of discretion where trial court determined it did not further justice because numerous aggravating factors were collectively weightier than a single, heavily-weighted mitigating factor. 		Criminal Law and Procedure 6DCA Jan. 30, 2023
People v. Bolanos
One Strike law for serious sex crime survived defendant's equal protection challenge because Legislature's concern for the higher recidivism rate of sex offenders was a rational basis for disparate treatment. 		Criminal Law and Procedure 5DCA Jan. 30, 2023
Starr v. Ashbrook
Allegations underlying claim of misused trust assets were not protected activities under anti-SLAPP statute because misusing trust assets is not in furtherance of a right of petition or free speech. 		Anti-SLAPP 4DCA/3 Jan. 30, 2023
Bitner v. Dept. of Corrections & Rehabilitation
The statutory immunity provided for public entities from liability for injuries caused by prisoners barred plaintiffs' claims brought under the Fair Employment and Housing Act. 		Immunity 4DCA/2 Jan. 30, 2023
National Labor Relations Board v. Aakash, Inc.
The President of the United States may remove the General Counsel of the National Labor Relations Board without cause. 		Labor Law 9th Jan. 30, 2023
U.S. v. Lopez
Order 		9th Jan. 30, 2023
In re T.R.
To deny reunification services under Welfare and Institutions Code Section 361.5(b)(6), a dependency judge must state, on the record, the specific bases for denial. 		Dependency 4DCA/2 Jan. 30, 2023
In re N.R.
Juvenile court did not err by returning one child to a parent but terminating parental rights to the other child because the other child posed greater parenting challenges. 		Dependency 2DCA/8 Jan. 30, 2023
Antonio v. Garland
Failure to analyze an asylum applicant's correct social group when considering an application based on past persecution was error requiring remand. 		Immigration 9th Jan. 27, 2023
Wit v. United Behavioral Health
Reversal of class certification order was required where the class action procedure was improperly used to expand or modify the substantive rights provided for class members under ERISA. 		Civil Procedure 9th Jan. 27, 2023
People v. Espinoza
Lawful permanent resident who established 40 years of ties with the United States established that he would have rejected a plea offer had he understood the immigration consequences. 		Criminal Law and Procedure CASC Jan. 27, 2023
People v. Thomas
Trial court did not abuse its discretion by admitting evidence of defendant's other murder because the motives for both murders were similar and the gruesome evidence was not sufficiently prejudicial. 		Evidence CASC Jan. 27, 2023
Modification: Edais v. Superior Court
San Mateo Coroner's Office was required to disclose its investigation report of a police officer's suicide since the public's interest in the report far outweighed the deceased officer's privacy interest. 		Public Records Act 1DCA/3 Jan. 27, 2023
U.S. v. Eller
Overwhelming evidence of defendant's subjective intent supported his conviction for attempted solicitation of a minor despite the fact he negotiated through intermediaries. 		Criminal Law and Procedure 9th Jan. 26, 2023
LAOSD Asbestos Cases
Declaration made by Avon's corporate representative was inadmissible as hearsay made by a lay witness because it discussed events that occurred years earlier to which she had no personal knowledge. 		Evidence 2DCA/8 Jan. 25, 2023
In re K.C.
Probation condition preventing minor from engaging in any unconsented sexual touching was not unconstitutionally vague since it provided a fair warning of the prohibited conduct. 		Constitutional Law 2DCA/6 Jan. 25, 2023
Modification: Grosz v. California Dept. of Tax & Fee Administration
Taxpayer lacked standing to bring action against Department of Tax Fee Administration since determination of whether Amazon was a "retailer" for products sold through its third-party merchant program was discretionary. 		Administrative Agencies 2DCA/1 Jan. 25, 2023
Marriage of D.S. & A.S.
When Domestic Violence Restraining order request is based solely on information provided by the party requesting the order, due process requires family courts to conduct a meaningful hearing before issuing the order. 		Family Law 6DCA Jan. 25, 2023
Modification: Bader v. Johnson & Johnson
Trial court did not abuse its discretion in permitting doctor to offer opinion that fibrous talc causes mesothelioma because the materials that plaintiff presented in support provided reasonable basis for the opinion at issue. 		Evidence 1DCA/4 Jan. 25, 2023
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