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People v. Cunningham
Trial court correctly denied defendant relief under Penal Code Section 1172.6 (felony murder resentencing), which does not encompass the "provocative act" theory of murder. 		Criminal Law and Procedure 2DCA/6 Apr. 25, 2024
LaMarr v. The Regents of the University of California
Because intent to terminate was never issued and employer's demotion was voluntary, substantial evidence supported that employee was not entitled to *Skelly* hearing. 		Employment Law 3DCA Apr. 25, 2024
National Labor Relations Board v. Siren Retail Corp.
National Labor Relations Board regional director acted within his discretion when he ordered mail-ballot election to select union representative where health data showed increase in COVID-19 cases. 		Labor Law, Administrative Agencies 9th Apr. 25, 2024
Vines v. O'Reilly Auto Enterprises
Trial court erred in granting interest on attorneys' fees award from the date of the original judgment, rather than the new judgment after reversal on appeal. 		Civil Procedure 2DCA/7 Apr. 25, 2024
Dougherty v. U.S. Behavioral Health Plan
Because company providing behavioral health services was not a health care service plan, it need not meet Health and Safety Code Section 1363.1's disclosure requirements to enforce arbitration. 		Arbitration, Health Care 4DCA/2 Apr. 25, 2024
Flathead-Lolo-Bitterroot v. State of Montana
Preliminary injunction was appropriate in Endangered Species Act lawsuit because claims raised a serious question on the merits and finding regarding threat of imminent harm was not wholly unsupported. 		Environmental Law 9th Apr. 24, 2024
Norman v. Ross
Trial court erroneously denied defendants' Anti-SLAPP motion, where plaintiff's claims about allegedly stolen TV idea arose from defendants' protected activity. 		Anti-SLAPP 2DCA/4 Apr. 24, 2024
Mondragon v. Sunrun Inc.
Former employee may continue his individual PAGA claims in court when circumstances surrounding arbitration agreement did not evidence parties' clear intent for arbitrator to decide arbitrability issues. 		Arbitration, Employment Law 2DCA/7 Apr. 24, 2024
Sam v. Kwan
Summary judgment based on bona fide purchaser doctrine was improperly granted when there were obvious factual disputes as to whether purchaser was adequately diligent. 		Real Property 2DCA/8 Apr. 23, 2024
Dubac v. Itkoff
Homeowners' statements to their HOA were not made in connection with a public issue of public interest because they were private name-calling made to a handful of people. 		Anti-SLAPP 2DCA/8 Apr. 23, 2024
Lytle v. Nutramax Laboratories,Inc.
At the class certification stage, plaintiffs may use a reliable, unexecuted damages model to show that damages are susceptible to common proof. 		Civil Procedure, Consumer Law 9th Apr. 23, 2024
Mattioda v. Nelson
NASA scientist met pleading standard for hostile-work-environment claim when he stated that harassment began after informing superior of his disability. 		Disability Discrimination, Employment Discrimination 9th Apr. 23, 2024
Fejes v. Federal Aviation Administration
FAA Administrator was required to revoke pilot's certificate where pilot knowingly used an aircraft to distribute marijuana even though the activity was limited to a state where marijuana was legal. 		Administrative Agencies 9th Apr. 23, 2024
Ruelas v. County of Alameda
Nonconvicted incarcerated individuals providing labor for a for-profit private company to supply meals within a county jail do not have a claim for minimum and overtime wages. 		Prisoners Rights, Employment Law CASC Apr. 23, 2024
People v. Reynoza
A conviction under Penal Code Section 136.1(b)(2) may not be based solely on proof that a defendant dissuaded an individual from "assisting in the prosecution" of an already-filed charging document. 		Criminal Law and Procedure CASC Apr. 23, 2024
People v. Basica
Trial court's entry of summary judgment against surety and bail bond agent was proper when their charge failed to appear within the bond's exoneration period. 		Criminal Law and Procedure 1DCA/4 Apr. 23, 2024
People v. Lezama
Criminal defendant who pled guilty to voluntary manslaughter after imputed malice theory of murder had been statutorily eliminated was ineligible for ameliorative resentencing relief provided by Penal Code Section 1172.6. 		Criminal Law and Procedure 4DCA/3 Apr. 23, 2024
Semprini v. Wedbush Securities Inc.
Employer waived its right to arbitrate claims by delaying its motion to compel until nine months after *Viking River* purportedly gave it a new right to compel. 		Arbitration 4DCA/3 Apr. 22, 2024
Balderas v. Fresh Start Harvesting, Inc.
Aggrieved employee had standing to bring a Private Attorneys General Act claim despite not having filed an individual action against employer. 		Employment Law 2DCA/6 Apr. 22, 2024
U.S. v. Blackshire
Domestic violence criminal defendant forfeited confrontation rights where evidence showed he intentionally took affirmative steps to dissuade the witness from testifying. 		Evidence 9th Apr. 22, 2024
Hart v. City of Redwood City
Officers' use of deadly force was objectively reasonable where the deceased was not responding to commands and quickly approaching with a raised knife. 		Qualified Immunity 9th Apr. 22, 2024
Espy v. J2 Global Inc.
Plaintiff failed to plead scienter based merely on general criticisms from two former company employees. 		Securities 9th Apr. 22, 2024
Kuigoua v. Dept. of Veteran Affairs
Inclusion of fundamentally different claims in legal complaint from those contained in administrative complaint concerning alleged employment discrimination meant plaintiff failed to exhaust his administrative remedies. 		Employment Discrimination 2DCA/8 Apr. 19, 2024
Modification: People v. Gray
Where defendant was found not guilty by reason of insanity, superior court lacked jurisdiction to modify and recalculate defendant' s commitment term pursuant to Penal Code Section 1172.75. 		Criminal Law and Procedure 5DCA Apr. 19, 2024
Modification: People v. Beaudreaux
While the trial court erred in not providing counsel to defendant for his Section 1172.6 resentencing petition, the error was harmless because the jury found him to be the actual killer. 		Criminal Law and Procedure 1DCA/4 Apr. 19, 2024
U.S. v. Ramirez
Police officer's inquiry about a driver's parole status during a traffic stop was a neglibly burdensome safety precaution that did not violate the Fourth Amendment. 		Criminal Law and Procedure 9th Apr. 19, 2024
Meinecke v. City of Seattle
Bible-reading speaker's free speech rights prevailed over City's restrictions, when less speech-restrictive means were available to achieve public safety from assaulting hecklers. 		Constitutional Law 9th Apr. 19, 2024
Lugo v. Pixior, LLC
Independent police investigation shielded former employer from liability for malicious prosecution claim even though one of its employees had provided false testimony at a preliminary hearing. 		Anti-SLAPP 2DCA/8 Apr. 19, 2024
Modification: Apex Solutions, Inc. v. Falls Lake Insurance Management Co., Inc.
Separate vault breaches occurring on the same night by what appeared to be a single, coordinated group were a single occurrence of covered loss for insurance policy limit purposes. 		Insurance 1DCA/4 Apr. 18, 2024
In re Taylor C.
Respondent was statutorily ineligible for sealing of juvenile records because of an offense requiring sex offender registration even though juvenile court dismissed his wardship petitions in the interests of justice. 		Juveniles 1DCA/3 Apr. 18, 2024
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