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Thai v. Richmond City Center, L.P.
Trial court erred by granting plaintiff's motions to compel compliance with subpoenas seeking partnership's consumer records because the motions were brought under the wrong section of the Code of Civil Procedure and were untimely. 		Civil Procedure 4DCA/3 Dec. 16, 2022
Johnson v. Ryan
Prison's annual review of inmate's maximum confinement status, based on his gang membership, satisfied due process requirements. 		Criminal Law and Procedure 9th Dec. 16, 2022
Save North Petaluma River and Wetlands v. City of Petaluma
Environmental impact report properly analyzed impacts to special status species because it was based on facts and expert opinion and amply demonstrated the analytic route from such evidence to environmentally significant action. 		Environmental Law 1DCA/3 Dec. 15, 2022
Akhlaghpour v. Orantes
Former Chapter 11 debtor-in-possession may have standing to pursue malpractice claims for actions taken by debtor's court-appointed counsel after trustee was appointed and ended counsel's court-appointed status. 		Bankruptcy 2DCA/7 Dec. 15, 2022
People v. Johnson
Sentencing enhancement for defendant's arson charge was affirmed because whiskey she attempted to use to burn an ex's house was a considered a "device designed to accelerate the fire." 		Criminal Law and Procedure 1DCA/1 Dec. 15, 2022
People v. Superior Court (Mendez)
Trial court erred in dismissing charges based on erroneous conclusion that magistrate made a factual finding in stating there was insufficient evidence. 		Criminal Law and Procedure 4DCA/2 Dec. 15, 2022
U.S. v. Wells
Because Mandatory Victims Restitution Act creates statutory requirements for garnishing earnings, All Writs Act could not be used to order garnishment of higher percentage of payments from defendant's retirement and disability benefits. 		Criminal Law and Procedure 9th Dec. 15, 2022
Amended Opinion: Twitter v. Paxton
A case was not prudentially ripe because the attorney general was still in the process of investigating and had not even decided whether to pursue claims. 		Constitutional Law 9th Dec. 15, 2022
In re Adrian L.
Department of Children and Family Services' failure to inquire with newborn's extended family about potential Indian ancestry was not prejudicial because there was no information suggesting the child was Indian. 		Dependency 2DCA/1 Dec. 15, 2022
AIDS HealthCare Foundation v. City of Los Angeles
Though lawsuit involved the Political Reform Act, Government Code Section 65009's statute of limitation applied to case involving decisions made by investigated Los Angeles City's planning and land use management committee members. 		Civil Procedure 2DCA/7 Dec. 15, 2022
American Chemistry Council v. Dept. of Toxic Substances Control
The Department of Toxic Substances Control has authority to list spray foam systems as a priority product that may be considered a chemical of concern under the Green Chemistry law. 		Environmental Law 5DCA Dec. 14, 2022
In re A.C.
Welfare department's failure to ask a non-relative extended family member caring for dependent child or extended known family members about Indian heritage, as required by the Indian Child Welfare Act, constituted reversible error. 		Dependency 2DCA/5 Dec. 14, 2022
Amended Opinion: Matias Rauda v. Jennings
8 U.S.C. 1252(g) bars judicial review of claims challenging government's execution of removal order. 		Immigration 9th Dec. 14, 2022
Seto v. Szeto
Statute of limitations to bring action to trial was tolled during time plaintiffs' waited for defendants to meet agreement conditions. 		Civil Procedure 1DCA/4 Dec. 14, 2022
Modification: JPMorgan Chase Bank, N.A. v. Superior Court (State of California)
Prior notice from the California State Controller is not a prerequisite of liability under the California False Claims Act. 		Civil Procedure 1DCA/4 Dec. 14, 2022
Consumer Financial Protection Bureau v. Aria
Advising prospective college students on financial aid was offering financial services to consumers such that the person providing the advice was covered by the Consumer Financial Protection Act. 		Consumer Law 9th Dec. 14, 2022
E-Commerce Lighting, Inc. v. E-Commerce Trade LLC
Where existence of right to setoff was submitted to arbitrator as a contested issue, trial court could not correct arbitrator's award to remove offset without affecting the decision's merits. 		Arbitration 4DCA/2 Dec. 13, 2022
In re D.N.
Order offering minor ward of the court option to perform community service did not violate separation of powers or due process principles because it fell within probation department's statutory role. 		Juveniles CASC Dec. 13, 2022
People v. Maldonado
Defendant's first degree murder sentence was reversed because jury instructions permitted the jury to impute malice based on defendant's participation in the murder. 		Criminal Law and Procedure 1DCA/5 Dec. 12, 2022
Waln v. Dysart School District
Plaintiff alleged sufficient facts to assert that school district selectively enforced policy to permit students to wear secular messages on their graduation caps while forbidding students to wear religious messages on their caps. 		Constitutional Law 9th Dec. 12, 2022
Kleiser v. Chavez
The private search exception to the Fourth Amendment's warrant requirement is not foreclosed simply because cell site location information is involved. 		Civil Rights 9th Dec. 12, 2022
People v. Carabajal
Trial court did not abuse discretion in denying a new trial when substantial evidence supported court's finding of no actual juror bias. 		Criminal Law and Procedure 1DCA/3 Dec. 9, 2022
Flaa v. Hollywood Foreign Press Association
Journalists who were denied membership in press association did not establish per se restraint of trade under Sherman Act because association had not cut off access to an essential competitive resource or possessed market power. 		Antitrust 9th Dec. 9, 2022
Diaz-Rodriguez v. Garland
Adopting Board of Immigration Appeal's interpretation of statutory meaning of child abuse for categorical approach was appropriate where all normal tools of statutory interpretation failed to produce an unambiguous meaning. 		Immigration 9th Dec. 9, 2022
Gearing v. City of Half Moon Bay
Because the actions involved different injuries, property owners' federal case arguing regulatory taking was properly abstained pending resolution of city's eminent domain action in state court. 		Constitutional Law 9th Dec. 9, 2022
Saint Ignatius Neighborhood Assn. v. City and County of San Francisco
High school's project to install 90-foot lights in its stadium was not categorically exempt from California Environmental Quality Act review. 		Environmental Law 1DCA/4 Dec. 8, 2022
People v. DeMontoya
Defendant's new motion to withdraw her plea was properly denied on collateral estoppel grounds because the court had already considered the 2018 amendment to the withdrawal statute. 		Criminal Law and Procedure 4DCA/1 Dec. 8, 2022
Salmon v. Salmon
Statutory prohibition against issuing mutual restraining orders absent detailed findings of fact governed where granting two competing petitions seeking restraining orders would accomplish the same result. 		Family Law 4DCA/2 Dec. 8, 2022
People v. Lewis
Penal Code Section 12022.53(j) prevented the court from substituting defendant's Section 12022.53 gun sentencing enhancement for a more lenient Section 12022.5(a) gun enhancement. 		Criminal Law and Procedure 5DCA Dec. 8, 2022
Tufeld Corp. v. Beverly Hills Gateway, L.P.
Part of a commercial lease exceeding 99 years was void, rather than voidable, even though it was malum prohibitum and not malum in se because it contravened public policy goals. 		Real Property 2DCA/5 Dec. 8, 2022
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