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Pino v. Cardone Capital LLC
Dismissal of plaintiff's putative class action complaint was error because mass communication via social media posts seeking investors was still a solicitation covered by the Securities Act of 1933. 		Securities 9th Dec. 22, 2022
U.S. v. Fisher
Brothers charged with sexual offenses against children failed to present any misstatements or omissions made in the lead detective's affidavit for a warrant that would impermissibly taint the evidence obtained. 		Criminal Law and Procedure 9th Dec. 22, 2022
City of Rocklin v. Legacy Family Adventures
Anti-SLAPP motion to strike was properly denied because the motion, asserting that a theme park was an artistic work intended to be excepted from the commercial speech exemption, was devoid of merit. 		Anti-SLAPP 3DCA Dec. 22, 2022
Brickman v. Meta Platforms Inc.
There was no violation of the Telephone Consumer Protection Act where autodialer did not generate the telephone numbers that were dialed. 		Consumer Law 9th Dec. 22, 2022
People v. Carter
Trial court had discretion to deny defendant's Marsden motion as an impermissible attempt to manufacture a conflict of interest. 		Criminal Law and Procedure 3DCA Dec. 22, 2022
Bishop v. The Bishop's School
Because termination letter was for private purposes only, not contributing to public discourse, it was not protected free speech activity under anti-SLAPP provisions. 		Anti-SLAPP 4DCA/1 Dec. 22, 2022
In re Chunn
Legislation giving Department of State Hospitals sole discretion to conduct reevaluations of incompetent to stand trial defendants overrode trial court order that department evaluate defendants within 72 hours of commitment order. 		Criminal Law and Procedure 1DCA/1 Dec. 21, 2022
Whitlach v. Premier Valley, Inc.
As specifically referenced in Labor Code Section 2778(b)(1), Business and Professions Code Section 10032's test for determining real estate agent's employee or independent contractor status applied to wage and hour provisions. 		Employment Law 5DCA Dec. 21, 2022
U.S. v. Barai
Refusal to give specific unanimity jury instruction was not error where jury only needed to agree unanimously that defendants used any one of four prohibited means in committing the offense. 		Criminal Law and Procedure 9th Dec. 21, 2022
Amended Opinion: Owino v. CoreCivic
Detainees in private immigration detention center could certify their classes for a class action since there was a common question about the prison's policies that predominated individual detainees' claims. 		Civil Procedure 9th Dec. 21, 2022
D.R. v. Redondo Beach Unified School District
Proposed fifth-grade individualized education program failed to offer autistic student a free appropriate public education in the least restrictive environment, as required under the Individuals with Disabilities Education Act. 		Education 9th Dec. 21, 2022
290 Division (EAT), LLC v. City and County of San Francisco
Because leaseback to the city was not an enforceable restriction under Revenue and Tax Code Section 402.1, property was properly assessed at fair market value without leaseback discount. 		Tax 1DCA/2 Dec. 20, 2022
Amber G. v. Superior Court (Orange County Social Services Agency)
Orange County Social Services Agency failed to show that minor's removal from a foster parent was in the child's best interest since it failed to address the statutory caretaker preference. 		Juveniles 4DCA/3 Dec. 20, 2022
Blaser v. California State Teachers' Retirement System
Trial court erred in applying equitable estoppel because doing so required California State Teachers' Retirement System to continue to miscalculate retired teachers' monthly pension benefits in contravention of the Education Code. 		Education 6DCA Dec. 20, 2022
Hayday Farms v. Feedx Holdings Inc.
Vacating arbitration award was improper because, although not based on the best interpretation of the parties' agreements, it was not irrational and did not exhibit a manifest disregard of law. 		Arbitration 9th Dec. 20, 2022
People v. Delgadillo
*People v. Wende* procedures did not apply to defendant's appeal from a denial of postconviction relief since there is no constitutional right to effective assistance of counsel at that stage of postconviction proceedings. 		Civil Procedure CASC Dec. 20, 2022
San Diego Police Department v. Geoffrey S.
A trial court may consider hearsay evidence when ruling on a gun violence restraining order petition. 		Criminal Law and Procedure 4DCA/1 Dec. 20, 2022
Allen v. San Diego Convention Center Corp., Inc.
Class certification order was appealable when the order left the case without claims. 		Civil Procedure 4DCA/1 Dec. 20, 2022
Farnum v. Iris Biotechnologies Inc.
Trial court refusing to award shareholder reasonable expenses incurred in action to enforce inspection rights was not an abuse of discretion because the corporation's refusal was not without justification. 		Corporations 6DCA Dec. 20, 2022
People v. Consiglio
Trial court improperly substituted its personal belief that an elderly defendant continued to be a sexually violent predator despite a contrary evaluation from a Department of State Hospitals psychologist. 		Criminal Law and Procedure 4DCA/1 Dec. 20, 2022
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 Dec. 19, 2022
People v. Burgess
Neither the trial nor the appellate court had jurisdiction over defendant-appellant's freestanding motion to vacate his sentence filed after his conviction was final and he had begun serving his sentence. 		Criminal Law and Procedure 1DCA/3 Dec. 19, 2022
Salguero Sosa v. Garland
Board of Immigration Appeals erred by failing to conduct cumulative-effect review when assessing asylum seeker's evidence of past persecution. 		Immigration 9th Dec. 19, 2022
Suski v. Coinbase Inc.
Where two agreements conflicted as to whether claims would be submitted to arbitration, the issue was one of contract formation, which was for the court--not an arbitrator--to decide. 		Arbitration 9th Dec. 19, 2022
People v. Sherman
Defendant's conviction for dissuading a victim was affirmed since his attempt to prevent access to her phone could reasonably be considered an attempt to prevent her from calling the police. 		Criminal Law and Procedure 1DCA/4 Dec. 19, 2022
People v. Arellano
After dismissing a murder charge under Penal Code Section 1170.95, a court may not include count-specific enhancements for the previously dismissed underlying felony convictions unless specifically established at the hearing. 		Criminal Law and Procedure 6DCA Dec. 19, 2022
Modification: Save Lafayette v. City of Lafayette
Multi-family housing development project application that was deemed completed in 2011 could be resumed and approved years later, despite the area being currently zoned for only single-family homes. 		Municipal Law 1DCA/3 Dec. 19, 2022
People v. Castro
Warrantless vehicle search was justified by probable cause where subject vehicle smelled of marijuana and officer knew occupants were not old enough to legally possess recreational marijuana. 		Criminal Law and Procedure 2DCA/1 Dec. 16, 2022
Beco v. Fast Auto Loans, Inc.
Arbitrator's ability to decide threshold issue of arbitrability requires clear and unmistakable language in the arbitration agreement. 		Arbitration 4DCA/3 Dec. 16, 2022
Modification: People v. Velez
Supreme Court's finding New York's gun carrying licensing statutes unconstitutional did not foreclose California defendant's retrial on a charge of carrying a loaded firearm in public as an active participant in a criminal street gang. 		Criminal Law and Procedure 5DCA Dec. 16, 2022
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