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Young v. Hawaii
Order 		9th Aug. 22, 2022
Negrete v. City of Oakland
Mere anticipation of a defense involving a potential federal issue was insufficient for federal question jurisdiction. 		Civil Procedure 9th Aug. 22, 2022
Reno v. Davis
Purging of officers' records two months after defendant's first direct appeal did not rise to due process violation as it was not done in bad faith nor was the evidence material. 		Criminal Law and Procedure 9th Aug. 22, 2022
Crespin v. Ryan
Life without parole plea for minor defendant violated the Eight Amendment because it stripped the sentencing judge of the discretion to impose a lesser sentence in light of defendant's youth. 		Criminal Law and Procedure 9th Aug. 22, 2022
Ho v. Russi
District court erred in sua sponte declining supplemental jurisdiction over Unruh Act claim without providing plaintiff with notice of its intent to dismiss or an opportunity to respond. 		Civil Procedure 9th Aug. 22, 2022
Technology Credit Union v. Rafat
Workplace violence restraining order was reversed because there was insufficient evidence to support that bank customer would resort to violence against bank employee. 		Torts 6DCA Aug. 19, 2022
Gerlach v. K. Hovnanian's Four Seasons at Beaumont, LLC
Allegedly defective roofs were not "manufactured products" for purposes of the Right to Repair Act because the roofs were not completely manufactured offsite. 		Real Property 4DCA/2 Aug. 19, 2022
In re Raul V.
Trial court properly denied reunification services as unlikely to prevent further abuse where mother would not admit to her obvious physical abuse of her child. 		Dependency 4DCA/2 Aug. 19, 2022
Potter v. City of Lacey
Order 		9th Aug. 19, 2022
Serova v. Sony Music Entertainment
Legal claims predicated on statements made to promote sales of an album were not subject to anti-SLAPP statute because they were quintessential commercial speech that was subject to regulation. 		Anti-SLAPP CASC Aug. 18, 2022
Modification: People v. Peyton
Requiring offenders still deemed sexually violent predators to use a two-step process when petitioning for release from commitment under the Sexually Violent Predators Act did not violate due process rights. 		Criminal Law and Procedure 2DCA/2 Aug. 18, 2022
Amended Opinion: U.S. v. Hernandez-Garcia
Marine Corps did not violate the Posse Comitatus Act by surveilling defendant north of the California-Mexico border because military assistance to Border Patrol was authorized by the 2016 National Defense Authorization Act. 		Immigration 9th Aug. 18, 2022
U.S. v. Rodriguez
At sentencing, district court erred in analyzing whether to apply the minor-role adjustment to defendant convicted of importing methamphetamine into the United States. 		Criminal Law and Procedure 9th Aug. 18, 2022
U.S. v. Carter
Pursuant to the holding in Concepcion v. United States, failure to provide any reasons for decision regarding First Step Act sentence reduction motion was reversible error. 		Criminal Law and Procedure 9th Aug. 18, 2022
People v. Orosco
Denying defendant's request for self-representation at trial without evidence he suffered from a severe mental illness was a violation of his Sixth Amendment rights. 		Criminal Law and Procedure 4DCA/1 Aug. 18, 2022
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
Vineyard giving a nonoperational pizza oven to a grocery store for a promotional display did not constitute furnishing a "thing of value" in violation of the Business and Professions Code. 		Commercial Law 3DCA Aug. 18, 2022
People v. Guillory
Not true finding on special circumstance allegation did not require automatic vacatur and resentencing pursuant to Penal Code Section 1172.6 where other viable grounds for murder conviction existed. 		Criminal Law and Procedure 1DCA/5 Aug. 18, 2022
People v. Calvary Chapel San Jose
Pandemic public health orders placing limitations on churches, but not secular businesses, did not survive the Free Exercise Clause's strict scrutiny review and therefore were unconstitutional. 		Constitutional Law 6DCA Aug. 17, 2022
Maleti v. Wickers
Favorable termination element of malicious prosecution claim was satisfied where multiple claims were asserted in prior action against plaintiff, none were successful, and at least one was decided on the merits. 		Torts 6DCA Aug. 17, 2022
CV Amalgamated LLC v. City of Chula Vista
City failed to follow its ministerial duty to follow its own procedures set forth in cannabis ordinance when it rejected storefront license applications in phase one of the application process for failure to score high enough. 		Municipal Law 4DCA/1 Aug. 17, 2022
Demarest v. City of Vallejo
City's systematic addition of driver's license checks to an otherwise valid sobriety checkpoint was objectively reasonable under the Fourth Amendment. 		Civil Rights 9th Aug. 17, 2022
Cordero-Garcia v. Garland
For purposes of the Immigration Nationality Act, dissuading or attempting to dissuade witnesses from reporting crimes under California Penal Code Section 136.1(b)(1) is not an aggravated felony. 		Immigration 9th Aug. 16, 2022
Ballinas-Lucero v. Garland
Petitioner was not barred from cancellation of removal because the record showed that his convictions were vacated due to legal defects in his pleas, not solely for immigration purposes or for rehabilitative or equitable reasons. 		Immigration 9th Aug. 16, 2022
Guardianship of Saul H.
Parents' inability to protect child from substantial risk of gang violence was a sufficient basis to conclude reunification was nonviable for determining eligibility for special immigrant juvenile status. 		Immigration CASC Aug. 16, 2022
Coast Community College Dist. v. Commission on State Mandates
Regulations on community colleges did not entitle districts to reimbursement for compliance costs because noncompliance merely created the possibility that state funding would be reduced. 		Education CASC Aug. 16, 2022
Modification: People v. Beasley
Stated reasons for dismissing criminal defendant's three prior strike convictions did not reasonably and justifiably support the conclusion that defendant fell outside the spirit of the Three Strikes law. 		Criminal Law and Procedure 4DCA/3 Aug. 15, 2022
People v. The North River Insurance Company (Bad Boys Bail Bonds)
Criminal defendant who left United States under federal safeguard and faced reentry bar was temporarily disabled by reason of detention by civil authorities, so the surrender period was tolled. 		Criminal Law and Procedure 6DCA Aug. 15, 2022
In re S.H.
Reversal of an early dependency order is not warranted simply because a parent shows that ongoing inquiry obligations under the Indian Child Welfare Act have not yet been satisfied as of the time the parent appeals. 		Dependency 1DCA/1 Aug. 15, 2022
People v. Gregor
Sex offender's motion to withdraw his plea under Penal Code Section 1473.7 was denied since denial of his family visa due to his conviction was not an "adverse immigration consequence." 		Immigration 3DCA Aug. 15, 2022
Bennett v. U.S.
State's eight-year statute of repose was applicable substantive law of the place where the omission occurred under the Federal Tort Claims Act, leaving plaintiff with no cause of action. 		Torts 9th Aug. 12, 2022
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