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Name Category Published
McGucken v. Pub Ocean Ltd.
Publisher's unlicensed use of twelve photographs in nature article was not entitled to a fair use defense because all four statutory factors weighed against fair use. 		Copyright 9th Aug. 4, 2022
Montes v. Young Men's Christian Assn. of Glendale, CA
Defendant owed no duty of care to plaintiff who willingly chose to encounter open and obvious dangerous condition without any practical necessity. 		Torts 2DCA/8 Aug. 4, 2022
Modification: Friend of Camden v. Brandt
Under Corporations Code Section 17707.01, a successful vote to dissolve a limited liability corporation extinguished defendants' rights to otherwise purchase plaintiff's interest to avoid dissolution. 		Corporations 2DCA/8 Aug. 4, 2022
Brawerman v. Loeb & Loeb LLP
Work done by an attorney who was not licensed to practice in California did not invalidate an entire retainer agreement, and therefore the agreement's arbitration provision remained enforceable. 		Arbitration 2DCA/8 Aug. 4, 2022
Martinez v. Cot'n Wash, Inc.
No violation of the Unruh Civil Rights Act for maintaining a retail website inaccessible to the visually impaired because website was not a "place of public accommodation" under the ADA. 		Disability Discrimination 2DCA/1 Aug. 3, 2022
U.S. v. State of Washington
Order 		9th Aug. 3, 2022
U.S. v. Brown
Denial of a sentence reduction was not an improper enhancement of a sentence based upon information disclosed in a safety valve proffer. 		Criminal Law and Procedure 9th Aug. 3, 2022
Amended Opinion: J.K.J. v. City of San Diego
A plaintiff failed to plausibly allege that an officer violated a detainee's constitutional right to adequate medical treatment. 		Civil Rights 9th Aug. 3, 2022
Friend of Camden v. Brandt
Under Corporations Code Section 17707.01, a successful vote to dissolve a limited liability corporation extinguished defendants' rights to otherwise purchase plaintiff's interest to avoid dissolution. 		Corporations 2DCA/8 Aug. 3, 2022
In re Ezequiel G.
Courts should review Indian Child Welfare Act inquiry errors under a hybrid substantial evidence/abuse of discretion standard, and reverse only if the error was prejudicial. 		Dependency 2DCA/3 Aug. 2, 2022
Kassas v. State Bar of California
Indebtedness arising from a disbarred attorney's obligation to reimburse the State Bar for payments made to victims of the attorney's misconduct is not excepted from bankruptcy discharge. 		Bankruptcy 9th Aug. 2, 2022
Jones Day v. Orrick, Herrington & Sutcliffe
District court had subject matter jurisdiction to enforce petitions to comply with arbitral summonses in a proceeding falling under the New York Convention pursuant to the Federal Arbitration Act. 		Arbitration 9th Aug. 2, 2022
Chavez v. Brnovich
State court rejection of a procedural safeguard claim was not clearly contrary to federal law because the of-right post-conviction relief procedure did not suffer from the same defects as previously rejected procedures. 		Constitutional Law 9th Aug. 2, 2022
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 Aug. 2, 2022
Silverado Hospice v. Becerra
Centers for Medicare and Medicaid Services reasonably instituted a sequestration method that was consistent with the text of both the Budget Control Act and the Medicare statute. 		Health Care 9th Aug. 2, 2022
County of Butte v. Dept. of Water Resources
Federal Power Act did not preempt state water agency from exercising authority over its own license application to operate state's water facilities. 		Government CASC Aug. 2, 2022
People v. Henson
In deciding a lack of probable cause Penal Code Section 995 motion, a trial court may consider the records of multiple magistrate proceedings without court-approved consolidation of those proceedings. 		Criminal Law and Procedure CASC Aug. 2, 2022
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. 1, 2022
Rycz v. Superior Court (McGarry)
The availability of remote testimony is not a proper basis for denying a motion to transfer a case to the county where most witnesses are located. 		Civil Procedure 1DCA/5 Aug. 1, 2022
Munoz v. Patel
Plaintiff's complaint alleged facts sufficient to state a viable cause of action for fraud in the execution against defendant. 		Contracts 4DCA/1 Aug. 1, 2022
People v. Maplebear Inc.
City attorney, acting on behalf of the People, was not bound to Instacart's arbitration agreement for its workers as the remedies it sought were for the public. 		Arbitration 4DCA/1 Aug. 1, 2022
In re Jason V.
Nunc pro tunc order correcting the period of confinement imposed was permissible because the juvenile court was merely effectuating its discretionary decision and not retroactively altering it. 		Juveniles 1DCA/2 Aug. 1, 2022
People v. Superior Court (Ortiz)
Pretrial diversion is not allowed for misdemeanor DUIs. 		Criminal Law and Procedure 4DCA/2 Aug. 1, 2022
Amended Opinion: Callahan v. Brookdale Senior Living Communities
Requesting to intervene in Private Attorneys General Act lawsuit because the PAGA settlement was too small was a disagreement over litigation strategy not meriting intervention as a matter of right. 		Civil Procedure 9th Aug. 1, 2022
City and County of San Francisco v. Garland
California and San Francisco's Tenth Amendment challenges to federal provisions were not ripe because precedent already established that their laws complied with those federal provisions. 		Constitutional Law 9th Aug. 1, 2022
Amended Opinion: Sansing v. Ryan
Denial of defendant's right to jury trial during penalty phase was harmless beyond reasonable doubt. 		Criminal Law and Procedure 9th Aug. 1, 2022
U.S. v. Wright
Trial court's improper consideration of inapplicable sentencing policy statement during compassionate release analysis was harmless because the court alternatively denied the motion on other appropriate grounds. 		Prisoners' Rights 9th Aug. 1, 2022
Padilla v. Immigration and Customs Enforcement
Order 		9th Aug. 1, 2022
Essick v. County of Sonoma (Unredacted)
Because the Board of Supervisors was not the county sheriff's employer, he was not entitled to *Pitchess* protections when the newspaper requested documents pertaining to a harassment investigation. 		Public Records Act 1DCA/4 Aug. 1, 2022
Chen v. Valstock Ventures, LLC
Civil Code Section 1717 does not allow for interim awards of attorneys' fees. 		Civil Procedure 1DCA/4 Aug. 1, 2022
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