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People v. Henley
Trial court prejudicially erred in finding that defendant personally used a firearm during the robbery, in contradiction to the not-true finding of the jury, and thus improperly denied defendant's petition for resentencing. 		Criminal Law and Procedure 4DCA/1 Dec. 7, 2022
Prager University v. Google LLC
Suit asserting various state law claims against Youtube for exercising publisher's traditional editorial functions was precluded by the plain language of the Communications Decency Act. 		Cyber Law 6DCA Dec. 7, 2022
Modification: Atlantic Richfield Co. v. California Regional Water Quality
Substantial evidence supported the conclusion that a parent company exercised eccentric control over mining operations and thus was directly liable for pollution as an operator of a polluting facility owned by a subsidiary. 		Environmental Law 3DCA Dec. 7, 2022
Lewis v. Simplified Labor Staffing Solutions, Inc.
California's State-must-consent rule barring predispute agreements to arbitrate non-individual Private Attorneys General Act claims was overturned by the Supreme Court's ruling in *Viking River*. 		Arbitration 2DCA/8 Dec. 7, 2022
Dreamstime.com LLC v. Google LLC
Online image supplier's antitrust claim against Google failed after it repeatedly affirmed, as the relevant antitrust market, only the advertising market and not the search market. 		Antitrust 9th Dec. 7, 2022
Save Our Capitol v. Dept. of General Services
Changes made to the exterior design of a historic building in the project's final environmental impact report rendered the project description unstable in violation of the California Environmental Quality Act. 		Environmental Law 3DCA Dec. 7, 2022
People v. E.M.
The trial court erred by denying recall on the sole ground that Senate Bill 1393 did not apply retroactively to defendant's case because it was final on appeal. 		Criminal Law and Procedure 6DCA Dec. 7, 2022
Claypool v. Superior Court (People)
Reasonable search of vehicle where parolee sat in back seat did not include locked glove compartment. 		Criminal Law and Procedure 3DCA Dec. 7, 2022
People v. Baudoin
Economic loss incurred by victim in relocating to get away from defendant must be verified as necessary to be included in an order of restitution. 		Criminal Law and Procedure 2DCA/1 Dec. 7, 2022
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. 6, 2022
U.S. v. Reiche
Defendant was reckless to ignore the risks associated with suddenly throwing the brakes on a moving train that would have been obvious to a reasonable person. 		Criminal Law and Procedure 9th Dec. 6, 2022
Hooks v. Nexstar Broadcasting
In issuing a preliminary injunction, a district court should not presume a likelihood of irreparable harm due to having found a likelihood of success. 		Civil Procedure 9th Dec. 6, 2022
People v. Ramirez
Criminal defendant waived his constitutional right to be present at his trial because there was substantial evidence that he voluntarily absented by overdosing on drugs the day of his trial. 		Criminal Law and Procedure CASC Dec. 6, 2022
Pacific Fertility Cases
Equitable estoppel did not apply to widen arbitration agreement's reach to include the manufacturer and distributor of failed storage tank who were not parties to the arbitration agreement. 		Arbitration 1DCA/1 Dec. 5, 2022
Beasley v. Tootsie Roll Industries, Inc.
Candy company's alleged use of partially hydrogenated oils in its products between 2010 and 2016 did not violate the Federal Food, Drug, and Cosmetic Act's prohibition on adulterated food. 		Consumer Law 1DCA/4 Dec. 5, 2022
Modification: In re Foster
Parole board's summary denial of prisoner's request to subpoena witnesses at parole rescission hearing was a violation of the prisoner's due process rights. 		Criminal Law and Procedure 1DCA/2 Dec. 5, 2022
Amended Opinion: Perez-Camacho v. Garland
The Bureau of Immigration Appeals did not abuse its discretion in concluding that equitable tolling was not available when alien failed to explain why he waited 21 years to seek to reopen his case. 		Immigration 9th Dec. 5, 2022
Amended Opinion: Bravo-Bravo v. Garland
The Board of Immigration appeals lacked any jurisdiction to reopen a reinstated prior order of removal when alien had illegally reentered the country. 		Immigration 9th Dec. 5, 2022
People v. Avalos
Suspect's Miranda waiver was involuntary and required reversal where detective encouraged suspect to continue speaking to police after requesting counsel by saying she cared about getting his story out right. 		Criminal Law and Procedure 4DCA/3 Dec. 5, 2022
Johnson v. Missouri
Order 		USSC Dec. 2, 2022
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. 2, 2022
California Dept. of Toxic Substances Control v. Jim Dobbas Inc.
Insurer may intervene under Federal Rule of Civil Procedure 24(a)(2) in a tort action to defend an insured that is unable to defend itself regardless of its position on coverage. 		Civil Procedure 9th Dec. 2, 2022
People v. Ware
Evidence to convict for conspiracy to commit murder was insufficient where the was a no evidence of a specific intent to agree to kill and to participate in killings. 		Criminal Law and Procedure CASC Dec. 2, 2022
McKnight v. Hinojosa
Uber settlement, providing credit for class members, was flexible enough to not merit application of the Class Action Fairness Act's attorney fee restrictions. 		Civil Procedure 9th Dec. 1, 2022
In re G.Z.
Department of Children and Family Services failed to carry its burden to prove by a preponderance of the evidence that non-accidental trauma was the cause of a minor's subdural hematomas. 		Dependency 2DCA/8 Dec. 1, 2022
Flickinger v. Finwall
Counsel's prelitigation letter did not qualify as extortion that was unprotectable under Civil Code Section 425.16 because it did not fall outside the bounds of professional norms. 		Anti-SLAPP 2DCA/8 Dec. 1, 2022
People v. Braggs
Defendant was not entitled to, and trial court was not bound by, sentence recommended by Secretary of the Department of Corrections and Rehabilitation striking defendant's prior serious felony enhancement. 		Criminal Law and Procedure 6DCA Dec. 1, 2022
People v. Bartholomew
Even though it resulted in dismissed allegations, the prosecution had no right to appeal trial court's pre-adjudication order reducing charges to a misdemeanor because the order did not modify a verdict. 		Criminal Law and Procedure 2DCA/6 Nov. 30, 2022
Clark v. Weber
California Constitution's recall restrictions, disallowing voter from voting for possibly-recalled Governor Newsom, did not violate due process and equal protection rights. 		Constitutional Law 9th Nov. 30, 2022
Blizzard Energy v. Schaefers
Defendant's cross-complaint in a Kansas action counted as one of the "five litigations" required for a vexatious litigant finding under Code of Civil Procedure Section 391(b)(1). 		Civil Procedure 2DCA/6 Nov. 30, 2022
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