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Dong v. Garland
Where the Immigration Judge's and Board of Immigration Appeals's factual findings are supported by substantial evidence and well-grounded reasoning, their adverse credibility determinations must be kept intact. 		Immigration 9th Oct. 20, 2022
People v. Vizcarra
Defendant's petition to vacate his murder conviction and to be resentenced under Penal Code Section 1172.6 was properly denied because aiding and abetting implied malice murder is a valid form of murder liability. 		Criminal Law and Procedure 4DCA/1 Oct. 20, 2022
Little v. Commission on Teacher Credentialing
The California Commission on Teacher Credentialing exceeded their jurisdiction by commencing an internal review of three school administrators based on records from a former teacher. 		Education 3DCA Oct. 20, 2022
CSV Hospitality Management, LLC v. Lucas
Because the evidentiary hearing for a workplace restraining order was the only time defendant could present his case, the trial court was required to allow defendant's cross-examination of witnesses. 		Employment Law 1DCA/1 Oct. 19, 2022
Shapell Socal Rental Properties v. Chico's FAS
In an unlawful detainer action, plaintiff's counsel breached its ethical and statutory obligation to advise opposing counsel of the intent to seek entry of a default judgment. 		Civil Procedure 4DCA/3 Oct. 19, 2022
Golf & Tennis Pro Shop v. Superior Court (Frye)
Although the time period to file notice of a motion to compel further responses does not start upon service of a combination of unverified responses and objections, petitioner's motion was nonetheless untimely. 		Civil Procedure 4DCA/3 Oct. 19, 2022
Michaels v. Davis
In a habeas petition, constitutional errors--improperly *Mirandized* confession and ineffective assistance of counsel--were not cumulatively prejudicial. 		Criminal Law and Procedure 9th Oct. 19, 2022
Peck v. Montoya
Deputies that did not shoot and kill decedent were entitled to qualified immunity on plaintiff's excessive-force claim because they were not integral participants in the constitutional violation. 		Qualified Immunity 9th Oct. 19, 2022
Riley v. Volkswagen Group of America
A high ratio of punitive damages was appropriate where defendant car manufacturer's actions to conceal emissions were highly reprehensible, but resulted in low compensatory damages. 		Remedies 9th Oct. 19, 2022
U.S. v. Guerrero
Order 		9th Oct. 19, 2022
Amended Opinion: Bax v. Doctors Medical Center of Modesto
Deaf individuals' disability discrimination claim failed when, under the totality of the circumstances, it was shown they were provided auxiliary aids that permitted effective communication. 		Disability Discrimination 9th Oct. 19, 2022
People v. Hardin
Denying a youth offender parole hearing to individuals convicted with a special-circumstance finding, but allowing a hearing for individuals convicted without such a finding violated equal protection. 		Criminal Law and Procedure 2DCA/7 Oct. 19, 2022
Vigil v. Muir Medical Group IPA
In a medical data breach case, denying class certification was appropriate where each putative class member's right to recover depended on proving that their medical information was actually viewed. 		Health Care 1DCA/2 Oct. 19, 2022
Amended Opinion: Hoyos v. Davis
Petitioner did not make a prima facie showing that prosecutor's peremptory strikes of Hispanic prospective jurors were racially discriminatory. 		Criminal Law and Procedure 9th Oct. 18, 2022
Miller v. Dept. of Real Estate
Administrative law judge allowing expert testimony from witnesses that were not identified until five days before the hearing did not deprive the accused of a fair hearing. 		Administrative Agencies 2DCA/7 Oct. 18, 2022
Amended Opinion: 350 Montana v. Haaland
Department of Interior's finding of no significant environmental impact required more analysis than potential greenhouse gas emissions being "minor" relative to other global emissions sources. 		Environmental Law 9th Oct. 17, 2022
Gormley v. Gonzalez
Liquidated damages provision in settlement agreement was enforceable where the agreement appeared to be the result of bargaining between parties of equal bargaining power. 		Contracts 3DCA Oct. 14, 2022
Modification: McCullar v. SMC Contracting, Inc.
Subcontractor retained responsibility for its employee's workplace injury even though the general contractor created the hazard. 		Torts 3DCA Oct. 14, 2022
Tracy Rural County Fire v. Local Agency Formation
County local agency formation commissions do not have statutory authority to initiate resolutions effectuating organizational changes including territory annexations or detachments to the city. 		Municipal Law 3DCA Oct. 14, 2022
U.S. v. Higuera
District court erred by failing to make reliability findings on three gang expert witnesses, but the error was harmless because testimony was based on witnesses' extensive experience. 		Criminal Law and Procedure 9th Oct. 14, 2022
Modification: Johar v. California Unemployment Insurance Appeals Board
When employee takes time off to care for terminally ill grandmother, she left for "good cause" and therefore qualified for unemployment benefits. 		Employment Law 1DCA/4 Oct. 13, 2022
Chennette v. Porch.com, Inc.
Contractors using cell phone numbers for both personal and business use who had registered for the national do-not-call database were presumptively residential subscribers entitled to consumer protections. 		Consumer Law 9th Oct. 13, 2022
Eaton v. Blewett
Prisoner was entitled to appeal his grievance to federal court as his options to exhaust administrative remedies were effectively unavailable given the circumstances presented by the prison. 		Prisoners' Rights 9th Oct. 13, 2022
Mendoza v. Strickler
Oregon's system of suspending the driver's licenses of persons who fail to pay fines did not punish indigent individuals solely on the basis of their poverty. 		Constitutional Law 9th Oct. 13, 2022
Mendez-Colin v. Garland
Order 		9th Oct. 13, 2022
Singh v. Garland
Order 		9th Oct. 13, 2022
Modification: People v. Garcia
Trial court properly denied motion for mistrial based on midtrial continuance for mandatory COVID-19 suspension order since the timing and circumstances of the continuance did not prejudice the jury. 		Criminal Law and Procedure 1DCA/5 Oct. 12, 2022
U.S. v. Saelee
District court correctly denied defendant's motion to suppress because agents executed a search warrant that was both sought and issued independently of alleged Fourth Amendment violations. 		Criminal Law and Procedure 9th Oct. 12, 2022
Amended Opinion: Al Saud v. Days
Denying prisoner's request to be housed only with other Muslims was the least restrictive means of avoiding equal protection liability that comes with classifying prisoners based on religious beliefs. 		Prisoners' Rights 9th Oct. 12, 2022
Mobilize the Message LLC v. Bonta
Political campaign services' First Amendment rights were not violated by Assembly Bill 5 as the bill's application would only incidentally affect professions involving speech. 		Civil Rights 9th Oct. 12, 2022
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