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Daily appellate reports
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Name Category Published
Center for Environmental Health v. Perrigo Co.
Generic drug manufacturers could not give Proposition 65 warnings without violating the federal duty of sameness because public advertising containing such warnings would qualify as "labeling" under Food, Drug, and Cosmetic Act. 		Consumer Law 1DCA/1 Mar. 13, 2023
People v. Arreguin
Where conviction involving special circumstance findings made before *Banks* and *Clark*, an evidentiary hearing for Penal Code Section 1172.6 petition for resentencing was required. 		Criminal Law and Procedure 2DCA/6 Mar. 13, 2023
Modification: People v. Lopez
Defendant was not entitled to reversal of his first degree murder conviction based on changes to the felony-murder rule because a special circumstance finding rendered him ineligible. 		Criminal Law and Procedure 4DCA/2 Mar. 13, 2023
NCR Properties v. City of Berkeley
Only newly-contructed rooms that added to housing stock were exempt from local rent control when the renovated house had been previously used as a residence. 		Real Property 1DCA/3 Mar. 13, 2023
Garcia-Brower v. Nor-Cal Venture Group
After the Labor Commissioner became party to a pending informal hearing on a matter, it was not proper for it to issue a deposition subpoena pursuant to its investigatory powers. 		Administrative Agencies 3DCA Mar. 13, 2023
Seaview Trading LLC v. Commisssioner of Internal Revenue
Delinquent tax returns must follow filing requirements strictly, including where the return must be filed, in order for the return to be deemed filed. 		Taxation 9th Mar. 13, 2023
O'Handley v. Weber
Twitter was not a state actor where it removed a post according to its own content moderation policies and user agreement despite the fact that the removed post was initially flagged by a state agency. 		Constitutional Law 9th Mar. 13, 2023
Buero v. Amazon.com Services Inc.
Because Oregon law aligns with federal law regarding what activities are compensable, plaintiff was required to allege that mandatory security screenings before or after work shifts were compensable under the Fair Labor Standards Act. 		Employment Law 9th Mar. 13, 2023
In re J.M.
Termination of juvenile court's jurisdiction and order granting sole physical custody to mother was proper because father failed to show by a preponderance of the evidence conditions justifying continued supervision. 		Dependency 2DCA/4 Mar. 13, 2023
Pacific Palisades Residents Assn., Inc. v. City of Los Angeles
Senior living home project in the Pacific Palisades was exempt from the California Environmental Quality Act because it was built in an urbanized area with no requirement for architectural uniformity. 		Environmental Law 2DCA/8 Mar. 10, 2023
World Wide Voice LLC v. Federal Communications Commission
Federal Communications Commission acted within its congressionally-authorized purview in finding a local exchange carrier in violation for entering sham arrangement to bypass rules. 		Administrative Agencies 9th Mar. 10, 2023
Piplack v. In-N-Out Burgers
Plaintiffs had standing for representative Private Attorneys General Act action in court against employer with whom they had an arbitration agreement even if their individual claims were arbitrated. 		Arbitration 4DCA/3 Mar. 9, 2023
Hang v. RG Legacy I
Plaintiff was entitled to pursue elder abuse claims in court because substantial evidence showed decedent was indigent at time of death, and defendant nursing facility waived arbitration by failing to agree to pay arbitration fees and costs. 		Arbitration 4DCA/3 Mar. 9, 2023
U.S. v. Salazar
Providing safety-valve relief to Mexican Mafia prison member required he proffer all information regarding the prison drug scheme regardless of the information's relevance or usefulness. 		Criminal Law and Procedure 9th Mar. 9, 2023
Winsor v. Sequoia Benefits & Insurance Services
Employees lacked standing to sue ERISA plan administrator because their employer's broad discretion in setting plan contributions meant their alleged injuries were not fairly traceable to the administrator. 		Civil Procedure 9th Mar. 9, 2023
No on E v. David Chiu
San Francisco ordinance requiring political groups identify top contributors in advertisements did not violate First Amendment because it was narrowly tailored to accomplish the important governmental interest of providing voters information. 		Constitutional Law 9th Mar. 9, 2023
People v. Edwards
The State Department of State Hospitals' claims of budgetary restrictions did not constitute good cause for its delay in admitting those found incompetent to stand trial. 		Civil Procedure 3DCA Mar. 9, 2023
Zahnleuter v. Mueller
Trustee was properly surcharged for trust assets expended to defend amendment of trust providing gifts to trustee and his daughters because trustee did not participate in the litigation as a neutral trustee to defend and protect the trust. 		Probate and Trusts 3DCA Mar. 9, 2023
Ramirez v. Superior Court (Department of Motor Vehicles)
Pursuant to Government Code Section 11440.30, officer's telephonic appearance at DUI administrative hearing was prejudicial when hearing officer denied driver's objection to telephonic appearance. 		Administrative Agencies 5DCA Mar. 9, 2023
Nwauzor v. The GEO Group Inc.
Order 		9th Mar. 8, 2023
City of Ocala v. Rojas
Order 		USSC Mar. 7, 2023
Yamashita v. LG Chem, Ltd.
Plaintiff's negligence claims against out-of-state battery companies were properly dismissed for lack of personal jurisdiction because his injury did not arise out of defendants' Hawaii contacts. 		Civil Procedure 9th Mar. 7, 2023
Twitter Inc. v. Garland
Government redactions of Twitter transparency report were narrowly tailored to support the compelling government interest in national security. 		Constitutional Law 9th Mar. 7, 2023
In re Matthew M.
Juvenile court did not abuse its discretion when it ordered COVID-19 vaccination for 12-year old court dependent over mother's objections. 		Dependency 2DCA/7 Mar. 7, 2023
M.E. v. Superior Court (People)
Deferred entry of judgment was not appropriate where the Section 602 petition was not filed until after the alleged offender was 25 years old. 		Juveniles 2DCA/6 Mar. 7, 2023
River's Side at Washington Squate Homeowners Assn. v. Superior Court (River's Side LLC)
A homeowners association had standing to bring claims for damages to residential units that sounded in contract or fraud if it met the requirements for bringing a representative action pursuant to Code of Civil Procedure Section 382. 		Real Property 3DCA Mar. 7, 2023
Robinson v. Superior Court (Southern California Edison Company)
In a condemnation action, the trial court improperly granted possession when it failed to expressly find that a nonpublic utility entity had proven each requirement in Code of Civil Procedure Section 1240.030. 		Eminent Domain 5DCA Mar. 6, 2023
Breathe So. California v. American Lung Association
Sharing bequests between organizations not required despite income sharing provision in affiliate agreement because it would be incompatible with testators' stated intentions. 		Probate and Trusts 1DCA/5 Mar. 6, 2023
Amended Opinion: Mejia v. Miller
Expansion of implied cause of action to new context was improper where the court could not be certain of the systemwide consequences of such an expansion. 		Civil Rights 9th Mar. 3, 2023
People v. Brown
To prove first-degree murder by means of poison, the prosecution must show the defendant deliberately gave the victim poison with the intent to kill the victim or inflict injury likely to cause death. 		Criminal Law and Procedure CASC Mar. 3, 2023
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