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Daily appellate reports
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Stone v. Alameda Health System
Alameda Health System was liable for Labor Code violations under the sovereign powers doctrine since the enabling statute stated it was not to be considered an agency. 		Government 1DCA/5 Feb. 7, 2023
Modification: So. California Gas Co. v. Public Utilities Commission
Governmental entity's discovery requests that sought all sources of funding for company's lobbying activities were not narrowly tailored to avoid unnecessary interference with constitutionally protected activities. 		Constitutional Law 2DCA/1 Feb. 7, 2023
Amended Opinion: Creech v. Richardson
When seeking federal habeas relief, where "new" evidence proffered for ineffective assistance of counsel claim was duplicative, it could not transform the claim into a new, unexhausted claim. 		Criminal Law and Procedure 9th Feb. 7, 2023
French Laundry Partners v. Hartford Fire Insurance Company
Order 		9th Feb. 7, 2023
Modification: Edais v. Superior Court (Foucrault)
San Mateo Coroner's Office was required to disclose its investigation report of a police officer's suicide since the public's interest in the report far outweighed the deceased officer's privacy interest. 		Public Records Act 1DCA/3 Feb. 7, 2023
Rocha v. U-Haul Co. of California
Arbitration agreement presented to employees as a stand-alone document was not unconscionable where it allowed for appeals, reimbursement, and a forum to bring their claims. 		Arbitration 2DCA/1 Feb. 6, 2023
Tiffany Hill v. Xerox Business Services, LLC
Acts inconsistent with right to arbitrate, including years-long appeal, demonstrated movant's preference to resolve matter judicially and amounted to waiver of arbitration. 		Arbitration 9th Feb. 6, 2023
Rigsby v. GoDaddy, Inc.
GoDaddy.com, as a domain name registrant, is an interactive computer service that falls within the Communication Decency Act's protections. 		Cyber Law 9th Feb. 6, 2023
Modification: People v. Cress
Trial court's dismissal of second petition seeking vacatur of murder conviction was appropriate where appeal of the original petition was still pending. 		Criminal Law and Procedure 4DCA/2 Feb. 6, 2023
Ward v. Safeco Insurance Company of America
Order 		9th Feb. 6, 2023
Williams v. FCA US LLC
Under the Song-Beverly Consumer Warranty Act's restitution provision, the actual price paid for a defective truck was the cost buyers paid in total in order to obtain the vehicle at the time they purchased it, exclusive of any trade-in value. 		Consumer Law 3DCA Feb. 3, 2023
People v. Superior Court (Fernandez)
Although nothing proved intent to kill at moment of fatal act, torture-murder special circumstance should have been reinstated when ample evidence demonstrated defendant's intent to torture and intent to kill. 		Criminal Law and Procedure 4DCA/2 Feb. 3, 2023
Armstrong v. Newsom
District court's orders for remedial measures to resolve disability discrimination in California prisons survived scrutiny because the orders resolved specific shortcomings the court had previously attempted to address. 		Prisoners Rights 9th Feb. 3, 2023
Pettibone v. Russell
No Bivens cause of action existed where special factors, including an alternative remedial process, indicated constitutional cause of action should not be expanded to include the underlying context. 		Civil Rights 9th Feb. 3, 2023
U.S. v. Barrogo
District court correctly imposed sentence increase for scheme involving EBT cards because Personal Identification Numbers are authentication features that, under the Sentencing Guidelines, are not required to be physically on the card itself. 		Criminal Law and Procedure 9th Feb. 3, 2023
Modification: People v. Henderson
Passage of the Three Strikes Reform Act did not alter courts' authority to impose concurrent terms for felonies committed on the same occasion or same operative facts. 		Criminal Law and Procedure CASC Feb. 3, 2023
Fleming v. Oliphant Financial
Party seeking to compel arbitration failed to prove existence of agreement to arbitrate disputes because it could provide no evidence of the mutual assent of the parties to do so. 		Arbitration 1DCA/1 Feb. 2, 2023
Clarkson v. Alaska Airlines Inc.
In a Uniformed Services Employment and Reemployment Rights Act suit, the district court erred by comparing short-term non-military leave to military leave in general, as opposed to just short-term military leave. 		Employment Law 9th Feb. 2, 2023
People v. Maldonado
Defendant established prima facie case for resentencing relief where he demonstrated it was possible the jury had improperly convicted him based on a theory of imputed malice murder. 		Criminal Law and Procedure 1DCA/5 Feb. 1, 2023
Hernandez v. Meridian Management Services, LLC
Defendants could not compel arbitration of wrongful termination claim under agreement to submit disputes between plaintiff and her employer and its agents where defendants failed to prove an agency relationship. 		Arbitration 2DCA/8 Feb. 1, 2023
People v. Ornelas
When probationer skips probation, the court may adjust probation term's expiration date to add the days probationer skipped, even if it results in an end date more than two years after the start date. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2023
People v. Fuentes
Protective order requiring defendant to not "disturb the peace" with his girlfriend was not unconstitutionally vague because it was clearly directed toward curbing his domestic violence. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2023
Murrey v. Superior Court (General Electric Company)
Arbitration agreement in employee's employment contract was unconscionable because it was presented on a take-it-or-leave-it basis and contained confusing and decidedly one-sided terms in favor of General Electric. 		Arbitration 4DCA/3 Feb. 1, 2023
Modification: Griego v. City of Barstow
Although some misconduct allegations supporting fire chief's termination were overturned, remand was unnecessary where no real doubt existed city would impose same penalty based on the remaining sustained allegations. 		Administrative Agencies 2DCA/8 Feb. 1, 2023
Casson v. Orange County Employees Retirement System
Because CalPERS pensioner did not elect reciprocity, his disability pension with Orange County Employees Retirement System should not have been offset. 		Government 4DCA/3 Feb. 1, 2023
Estate of Franco
Family Code Section 7540(a)'s marital presumption requires a finding that the child was conceived and born while the parents were living together. 		Probate and Trusts 1DCA/3 Feb. 1, 2023
D.O. v. Escondido Union School District
Four-month delay before proposing student's autism assessment plan did not constitute procedural violation of federal education law where delay violated no statutory timelines. 		Education 9th Feb. 1, 2023
Amended Opinion: Metlakatla Indian Community v. Dunleavy
While not expressly stating the Metlakatla Native American's right to fish in certain Alaskan waters, the 1891 Act establishing their reservation required inference of such a right. 		Native American Affairs 9th Feb. 1, 2023
Marriage of Belthius
Ex-husband's pension calculations must comport with the stipulated judgment agreed to at separation. 		Family Law 2DCA/2 Feb. 1, 2023
In re M.V.
Psychological evaluator's bonding study of minor's relationship with her parents was improper because it did not focus on the psychological relationship between the minor and her parents. 		Dependency 2DCA/8 Jan. 31, 2023
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