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Amended Opinion: Center for Community Action v. Federal Aviation Administration
Petitioners seeking review of a Federal Aviation Administration Final Environmental Assessment finding bear the burden of showing missteps on the part of the FAA. 		Environmental Law 9th Oct. 12, 2022
Conservatorship of A.A.
A public guardian could receive a one-year Murphy conservatorship over appellant since there was a finding of probable cause when appellant pled guilty to vehicular manslaughter. 		Conservatorship 1DCA/1 Oct. 12, 2022
Young v. Midland Funding, LLC
Debtor plaintiff would likely prevail on the merits of her Rosenthal Act cause of action against creditor because plaintiff made a prima facie showing that she was not served with process by substituted service. 		Anti-SLAPP 1DCA/4 Oct. 11, 2022
In re G.H.
Social services failure to attempt to contact estranged paternal grandmother regarding suggested Native American ancestry required reversal of the termination of parental rights. 		Dependency 4DCA/3 Oct. 10, 2022
Enterprise Rent-A-Car of L.A. v. Superior Court (Grigoryan)
Rental car agency was not negligent in relying on renter's foreign driver's license and local California address to rent car involved in accident. 		Torts 2DCA/4 Oct. 10, 2022
Today's IV, Inc. v. L.A. County Metropolitan Transportation Authority
Hotel owner had no cause of action for inverse condemnation against city's construction of an underground subway line as the impairment to the hotel's access was temporary, due to actual construction work, and not unreasonable. 		Municipal Law 2DCA/8 Oct. 7, 2022
Kruthanooch v. Glendale Adventist Medical Center
In an Elder Abuse Act case, substantial evidence did not support that medical center had a robust caretaking or custodial relationship with elderly patient. 		Torts 2DCA/3 Oct. 7, 2022
County of San Bernardino v. Mancini
San Bernardino ordinance preventing cannabis sales did not create a substantial burden on religious group that consumes cannabis as sacraments because selling cannabis was not a religious activity of the group. 		Civil Rights 4DCA/2 Oct. 7, 2022
Amy's Kitchen v. Fireman's Fund Insurance Co.
Insured should have been granted leave to amend the complaint because the trial court never considered whether it could amend to properly allege a "communicable disease event" under property insurance policy. 		Civil Procedure 1DCA/4 Oct. 6, 2022
People v. Johnson
Penal Code Section 12022.5(a) allows trial courts broad discretion to impose lesser uncharged firearm enhancements when it strikes firearm enhancement convictions through Section 12022.5(b). 		Criminal Law and Procedure 3DCA Oct. 6, 2022
Ochoa v. Davis
Potential jurors were properly excluded for cause because prosecutor's bank robbery hypothetical during voir dire was neither "egregious" or "misleading". 		Criminal Law and Procedure 9th Oct. 6, 2022
Save Our Skies LA v. Federal Aviation Administration
Although petition challenging Federal Aviation Administration orders updating flight procedures was timely, it was not timely for challenging the substance of earlier versions of those same orders. 		Administrative Agencies 9th Oct. 6, 2022
Munoz v. U.S. Dept. of State
The government violated the notice requirements of due process when it did not provide evidence supporting a consular official's decision to deny a visa application until three years after the denial. 		Immigration 9th Oct. 6, 2022
People v. Mitchell
Defendant was not entitled to have her sentence reduced because amended Penal Code Section 1170 does not apply to cases where sentence is imposed pursuant to a stipulated plea agreement. 		Criminal Law and Procedure 1DCA/5 Oct. 5, 2022
Karton v. Musick, Peeler, Garrett LLP
Denying motion for setoff predicated upon the tort-of-another doctrine was proper where the movant provided no evidence it incurred the costs in an action against any third party. 		Torts 2DCA/1 Oct. 5, 2022
U.S. Securities & Exchange Commission v. Murphy
Individuals who traded and acted as agents behaved as brokers within the Securities Exchange Act's meaning and were required to register as brokers. 		Securities 9th Oct. 5, 2022
Kirk v. City of Morgan Hill
Penal Code Section 25250, requiring theft or loss of gun to be reported within 5 days did not preempt local ordinance that required reporting within 48 hours. 		Municipal Law 6DCA Oct. 4, 2022
Athletics Investment Group v. Dept. of Toxic Substances Control
New Hazardous Waste Control Law provision did not require the Department of Toxic Substances Control to rescind a certification for treated metal-shredder waste as nonhazardous. 		Environmental Law 1DCA/3 Oct. 4, 2022
Amended Opinion: U.S. v. Rosenow
Yahoo and Facebook's search of child pornographer's data was not a Fourth Amendment violation as they had legitimate, independent reasons to do so. 		Civil Rights 9th Oct. 4, 2022
Honchariw v. FJM Private Mortgage Fund, LLC
Late-payment fee in loan constituted an unlawful penalty pursuant to Civil Code Section 1671 since the interest rate on the late payment was measured against the entire unpaid loan balance. 		Contracts 1DCA/3 Oct. 3, 2022
Bates v. Poway Unified School Dist.
School district improperly used bond reimbursement funds for new outlay expenditures rather than for retiring the bonds. 		Education 4DCA/3 Oct. 3, 2022
People v. Boukes
Where evidence supported that defendant would not have obtained a more favorable result even if his case had been bifurcated, any resulting error was harmless, not meriting reversal. 		Criminal Law and Procedure 4DCA/2 Oct. 3, 2022
People v. Nonaka
Civil settlement and release of liability between defendant and victim did not relieve defendant of his obligation to pay restitution for victim's economic loss resulting from attorney fees and costs. 		Criminal Law and Procedure 2DCA/6 Oct. 3, 2022
International Union of Operating Engineers, Local 39 v. Macy's, Inc.
Labor Code Section 1138's heightened standard requires clear, unequivocal, and convincing proof of actual misconduct participation or authorization by union leadership to survive an anti-SLAPP motion. 		Anti-SLAPP 1DCA/4 Oct. 3, 2022
Daniel C. v. White Memorial Medical Center
When determining California Department of Health Care Services' lien award on Medi-Cal beneficiary's wrongful life settlement, trial court erred by failing to distinguish between past medical expenses and other damages. 		Health Care 2DCA/3 Sep. 30, 2022
Guzman v. Polaris Industries
Summary judgment was improper where district court lacked equitable jurisdiction and therefore could not make a determination on the merits of the underlying claim. 		Civil Procedure 9th Sep. 30, 2022
Sonner v. Premier Nutrition
District court did not abuse its discretion in denying injunction of state court complaint based on res judicata since the decision to enjoin under the Anti-Injunction Act relitigation exception is discretionary. 		Civil Procedure 9th Sep. 30, 2022
Gable v. Williams
Trial court's exclusion of third party's detailed and compelling confession violated petitioner's due process rights. 		Criminal Law and Procedure 9th Sep. 30, 2022
T.L. v. City Ambulance of Eureka, Inc.
Ambulance company owed a general duty of care to plaintiff who sustained injuries by unbuckling herself and stepping out of a moving ambulance while being transported. 		Torts 1DCA/1 Sep. 30, 2022
Modification: California Water Curtailment Cases
The State Water Resources Control Board did not have the authority to prevent pre-1914 appropriative and riparian water rights holders from diverting water in the time of a severe drought. 		Water Rights 6DCA Sep. 30, 2022
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