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Doe v. Massage Envy Franchising, LLC
Plaintiff had not entered contract with franchisor when assent to contractual agreement was hidden in franchisee's General Consent electronic document. 		Arbitration 1DCA/2 Dec. 30, 2022
People v. White
A Franklin hearing is an evidence preservation process for the eventual determination of parole, not a process to reopen or reconsider a sentence, and thus does not render the judgment nonfinal and subject to Assembly Bill No. 518. 		Criminal Law and Procedure 3DCA Dec. 29, 2022
John's Grill v. Hartford Financial Services Group
Insurance policy's limited coverage for viruses was so broadly written as to make coverage for any virus illusory. 		Insurance 1DCA/4 Dec. 29, 2022
Arizona v. Mayorkas
Order 		USSC Dec. 29, 2022
U.S. v. Macapagal
Conviction for attempted enticement of child did not require defendant believed he was communicating directly with a minor where ample evidence showed his intent to obtain sex with a minor. 		Criminal Law and Procedure 9th Dec. 29, 2022
Jones v. Google LLC
Express preemption did not apply to children's claims because Congress intended to preempt inconsistent state laws, not state laws that are consistent with the Children's Online Privacy Protection Act's substantive requirements. 		Constitutional Law 9th Dec. 29, 2022
Another Planet Entertainment LLC v. Vigilant Insurance Company
Order 		9th Dec. 29, 2022
Parsons v. Estenson Logistics, LLC
Under Code of Civil Procedure Section 12a, Labor Code Section 204(d)'s wage payment time limits may be extended by weekends and holidays so that weekly-paid wages do not have to be paid within seven calendar days. 		Employment Law 3DCA Dec. 29, 2022
Wehsener v. Jernigan
California law applies to determine parentage when a person claims to be an heir of an intestate decedent who was domiciled in California when he died, even if the parent and child relationship was effectuated outside California. 		probate_and_trusts 4DCA/1 Dec. 29, 2022
California-American Water Co. v. Marina Coast Water Dist.
Trial court erred in granting summary adjudication based on waiver because whether there was a waiver was a triable issue of fact. 		Administrative Agencies 1DCA/2 Dec. 29, 2022
Jenkins v. Brandt-Hawley
Malicious prosecution claim was not subject to anti-SLAPP motion to strike where plaintiff demonstrated prior action lacked probable cause and was prosecuted with indifference, suggesting malice. 		Anti-SLAPP 1DCA/2 Dec. 29, 2022
Espinoza v. Warehouse Demo Services, Inc.
Employees working at a fixed site not owned or leased by the employer were not subject to outside salesperson exemption where the employer controlled employees' hours and working conditions. 		Employment Law 1DCA/5 Dec. 28, 2022
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 Dec. 28, 2022
People v. Whitmill
Motion for mental health diversion was improperly denied because there was no substantial evidence that defendant was too dangerous to be treated in the community and commit a violent super strike. 		Criminal Law and Procedure 2DCA/8 Dec. 28, 2022
People v. Jones
Because *People v. Moore* was decided after resentencing, case must be remanded to allow for consideration of defendant's youth when determining reckless indifference standard based on statutory changes to felony murder. 		Criminal Law and Procedure 1DCA/5 Dec. 28, 2022
Chen v. Albany School District
Student's off-campus social media posts bore sufficient nexus to school to warrant the school district's use of its regulatory authority to discipline student by expelling him. 		Constitutional Law 9th Dec. 28, 2022
People v. Williams
Defendant's felony murder resentencing petition was denied because jury instructions and jury's true finding of special circumstance established that jury found he acted with requisite intent and conduct. 		Criminal Law and Procedure 1DCA/3 Dec. 28, 2022
Chui v. Chui
Minor wards may petition for removal of their guardian ad litem and once the minors reach adulthood the guardian's appointment should be terminated. 		probate_and_trusts 2DCA/1 Dec. 27, 2022
Natomas Unified School v. Sacramento County Bd.
District panel abused its discretion by failing to review all evidence of middle schooler's "continuing danger" in its decision to suspend student who brought a BB gun to school. 		Education 3DCA Dec. 27, 2022
Kemp v. Superior Court
Consumer's state law claim for investigative agency's violation of prohibition against reporting a conviction that predates a report by more than seven years was not expressly preempted by federal law. 		Consumer Law 4DCA/3 Dec. 27, 2022
Williams v. West Coast Hospitals, Inc.
Under Code of Civil Procedure Sections 1281.97 and 1281.98, consumers may unilaterally withdraw from arbitration when the drafting party fails to pay contractually required arbitration fees. 		Arbitration 6DCA Dec. 27, 2022
Casey N. v. County of Orange
Substantial evidence supported the jury's finding that statements made in social workers' reports, alleging mother was coaching daughter to claim sexual abuse by father, were deliberately false or reckless. 		Civil Rights 4DCA/3 Dec. 27, 2022
Doe v. Finke
Plaintiff's equal protection challenge to law excluding registered sex offenders from serving on juries was denied because the law was reasonably related to promoting legitimate goal of assuring impartial juries. 		Constitutional Law 1DCA/2 Dec. 23, 2022
Featherstone v. Martinez
Sanctions against party were improper when based on the litigation positions of the party rather than conduct that frustrated the policy of the law to promote settlement. 		Family Law 2DCA/5 Dec. 23, 2022
People v. Kocontes
Trial court's allowance of evidence as to the reasons for divorce involving "inappropriate relationship with female" was prejudicial and irrelevant as it provided no probative value for supporting motive. 		Evidence 4DCA/3 Dec. 23, 2022
U.S. v. Linehan
Transportation of an explosive constituted a "crime of violence" under Penal Code Section 373(a) because it criminalized knowingly taking a substantial step toward using force capable of causing injury. 		Criminal Law and Procedure 9th Dec. 23, 2022
In re M.G.
Welfare and Institutions Code Section 5276 required mental disorder detention evidentiary hearing to be held within two days regardless of good cause for continuance. 		Juveniles 6DCA Dec. 23, 2022
Victor Valley Union High School Dist. v. Superior Court (John Doe)
Record did not support trial court's ruling that, at the time the video that captured student's alleged sexual assault was erased, school district was on notice that litigation about the alleged sexual assault was reasonably foreseeable. 		Civil Procedure 4DCA/2 Dec. 23, 2022
In re S.V.
Amending dependency petition that contained no allegations against non-party mother to conform to proof that she had emotionally abused minor child violated the mother's right to due process. 		Dependency 1DCA/5 Dec. 23, 2022
Center for Food Safety v. Regan
Where vacatur might cause more environmental harm, remand was appropriate for the Environmental Protection Agency to address and complete environmental law requirements. 		Environmental Law 9th Dec. 22, 2022
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