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Modification: People v. Walker
Under Senate Bill Number 81, there is a presumption but not an obligation in favor of dismissal of sentencing enhancements when there are mitigating circumstances present. 		Criminal Law and Procedure 2DCA/2 Jan. 9, 2023
White v. Davis
Daughter's application for an elder abuse restraining order against her father's second wife and step-daughter survived an anti-SLAPP challenge because defendants' attempts to control the father were not protected activities. 		Anti-SLAPP 4DCA/2 Jan. 9, 2023
U.S. v. Mongol Nation
Under the Racketeer Influenced and Corrupt Organizations Act, any forfeitable property vests in the government even if the government explicitly states otherwise in its preliminary order of forfeiture. 		Criminal Law and Procedure 9th Jan. 9, 2023
McGovern v. BHC Fremont Hospital, Inc.
Medical negligence claims of plaintiff who sustained injuries at a hospital were not time-barred because her initial letter to preserve evidence did not constitute notice of intent to commence action. 		Torts 1DCA/1 Jan. 6, 2023
Lathus v. City of Huntington Beach
The First Amendment does not protect a volunteer member of a municipal advisory board from dismissal by the city councilperson who appointed her and who is authorized under a city ordinance to remove her. 		Constitutional Law 9th Jan. 6, 2023
In re D.B.
Department failed in its duty to inquire when it did not question paternal grandmothers, who were both available for answers, as to the minor's possible Native American ancestry. 		Dependency 4DCA/2 Jan. 6, 2023
Lemm v. Ecolab
Employer's overtime compensation payments on employee's bonus satisfied both federal and state employment law because it comported with the incentive compensation plan in the employment contract. 		Employment Law 2DCA/5 Jan. 5, 2023
Griego v. City of Barstow
Although some misconduct allegations supporting fire chief's termination were overturned, remand was unnecessary where no real doubt existed city would impose same penalty based on the remaining sustained allegations. 		Administrative Agencies 2DCA/8 Jan. 5, 2023
Cordoba Corp. v. City of Industry
Trial court properly granted anti-SLAPP motion where the gravamen of dispute arose from a lawsuit, a protected activity under the anti-SLAPP statute. 		Anti-SLAPP 2DCA/8 Jan. 5, 2023
Vaughn v. Tesla, Inc.
Denial in part of motion to compel arbitration of workplace discrimination claims was proper because the arbitration provision only encompassed claims based on conduct following the commencement of direct, contractual employment. 		Arbitration 1DCA/5 Jan. 5, 2023
U.S. v. Knight
Allowing juror to participate remotely for two days via Zoom was not a structural error. 		Criminal Law and Procedure 9th Jan. 5, 2023
Freedom Foundation v. Superior Court (Department of Human Resources)
Records regarding labor units and state employees were exempt from disclosure and not reasonably segregable because the requested information would reveal research and evaluations conducted pursuant to the Dills Act. 		Public Records Act 2DCA/3 Jan. 4, 2023
Sauk-Suiattle Indian Tribe v. City of Seattle
District court properly declined the Sauk-Suiattle Indian Tribe's motion to remand to state court since the Tribe's complaint alleging Supremacy Clause and Congressional Acts violations raised substantial federal questions. 		Civil Procedure 9th Jan. 4, 2023
SoCal Recovery LLC v. City of Costa Mesa
Proof of "actual disability" under the Fair Housing Act may be demonstrated on a collective rather than individual basis. 		Disability Discrimination 9th Jan. 4, 2023
Crespin v. Ryan
Order 		9th Jan. 4, 2023
People v. Guiffreda
Evidence was insufficient to support finding beyond a reasonable doubt that defendant acted with the reckless indifference to human life requisite to support felony murder conviction. 		Criminal Law and Procedure 4DCA/1 Jan. 4, 2023
Smith v. Agdeppa
Summary judgment based on qualified immunity was not proper where there was evidence in the record that contradicted the officer's description of events surrounding his use of deadly force. 		Qualified Immunity 9th Jan. 3, 2023
Reichert v. Rapid Investments Inc.
Motion to compel arbitration was properly denied because plaintiff, who received cash in the form of the prepaid debit card upon release from jail, did not accept the cardmember agreement and the arbitration clause it contained. 		Arbitration 9th Jan. 3, 2023
Perez-Portillo v. Garland
In absentia order was rescinded where Board of Immigration Appeals relied solely on doctrine of constructive notice without considering alien's evidence supporting her claim that she did not receive the notice. 		Immigration 9th Jan. 3, 2023
Cole v. Superior Court (Zeiner)
Since summary judgment motion was electronically filed and served 107 days or more before trial, it was timely and the moving parties were entitled to a hearing on the motion. 		Civil Procedure 4DCA/1 Jan. 3, 2023
Box v. Superior Court (People)
Challenges of racial bias in jury selection requires courts to separate prosecution's work product notes from information that could reveal racial bias. 		Criminal Law and Procedure 4DCA/1 Jan. 3, 2023
In re O'Connor
Defendant not entitled to release on bail as a matter of law because she was charged with qualifying felony offenses involving acts of violence on another person within the meaning of California Constitution, Article I, Section 12(b). 		Criminal Law and Procedure 6DCA Jan. 3, 2023
People v. Ross
Where it was uncertain whether trial court would have imposed same sentence had it known of Senate Bill 567's requirements, remand for resentencing was the proper course of action. 		Criminal Law and Procedure 1DCA/3 Dec. 30, 2022
LaBarbera v. Security National Insurance Company
Indemnitee of insured construction company was not a third-party beneficiary of insurance policy's indemnitee defense clause and was thus not entitled to recover expenses incurred in underlying personal injury suit against both parties. 		Insurance 3DCA Dec. 30, 2022
U.S. v. Anderson
Inventory search of truck parked illegally by driver without valid license on private property was not Fourth Amendment violation where vehicle was impounded for valid community caretaking purpose. 		Criminal Law and Procedure 9th Dec. 30, 2022
Dodge v. Evergreen School District #114
Triable issues existed as to teacher's First Amendment retaliation claim against school principal when she told him that he would need a union representative the next time she saw him wearing MAGA hat. 		Civil Rights 9th Dec. 30, 2022
People v. Tacardon
Defendant was not detained within the meaning of the Fourth Amendment because a reasonable person would view deputy's use of a spotlight as lacking in coercive force. 		Criminal Law and Procedure CASC Dec. 30, 2022
People v. Kelly
Trial court had no discretion to impose a lesser sentence because Penal Code Section 1170(b)(6) does not apply to sentences imposed pursuant to a negotiated disposition that includes an agreed-upon term of imprisonment. 		Criminal Law and Procedure 2DCA/6 Dec. 30, 2022
People v. Lipscomb
Trial court was not required to strike sentence enhancement that resulted in a sentence longer than 20 years where it found dismissal would endanger public safety. 		Criminal Law and Procedure 1DCA/2 Dec. 30, 2022
First American Title Insurance Co. v. Banerjee
Default judgment issued by trial court with personal and subject matter jurisdiction based upon complaint that did not state a cause of action against defendant-appellant was merely voidable, not void. 		Civil Procedure 6DCA Dec. 30, 2022
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