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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
George Mersho v. USDC-AZP
District court erred when it failed to comply with burden shifting process Congress established in Private Securities Litigation Reform Act. 		Securities 9th Jul. 26, 2021
In re Guice
California Department of Corrections and Rehabilitation's regulation that excludes nonviolent parole consideration of any inmate who is currently serving term of incarceration for 'violent felony' reasonably interpreted Proposition 57. 		Criminal Law and Procedure 6DCA Jul. 23, 2021
United States v. Warren
It is not error to include the statute defining the substantive offense that is the object of a conspiracy in a judgment. 		Criminal Law and Procedure 9th Jul. 23, 2021
People v. Arias
Pre-'People v. Banks' and 'People v. Clark' felony-murder special-circumstance findings do not categorically preclude defendants from obtaining resentencing relief under Senate Bill No. 1437. 		Criminal Law and Procedure 4DCA/1 Jul. 23, 2021
United States v. Halamek
District court did not err by admitting FBI child forensic interviewer's relevant and reliable expert testimony on topic of grooming for sexual abuse. 		Criminal Law and Procedure 9th Jul. 23, 2021
Modification: People ex rel. Allstate Ins. Co. v. Rubin
Medical reports and bills in support of insurance claims were defendant's usual course of business and may not have resulted in litigation; thus, trial court properly denied defendant's anti-SLAPP motion. 		Anti-SLAPP 4DCA/3 Jul. 23, 2021
Dustin Shepherd v. Unknown Party
Defendant failed to show 'actual innocence' to challenge his career offender sentence because the court imposed a sentence below guidelines range and was he sentenced after the guidelines became advisory. 		Criminal Law and Procedure 9th Jul. 23, 2021
Shooter v. State of Arizona
District court properly dismissed plaintiff's civil rights claims alleging that he was wrongfully expelled as representative from Arizona House. 		Civil Rights 9th Jul. 23, 2021
People v. Doane
Prosecutor misstated the law involving circumstantial evidence in closing argument. 		Criminal Law and Procedure 1DCA/1 Jul. 23, 2021
In re Rodriguez
Ameliorative amendment to Penal Code Section 667.5 did not apply retroactively when trial court in defendant's second proceeding used first judgment to calculate aggregate term of imprisonment. 		Criminal Law and Procedure 4DCA/1 Jul. 23, 2021
Winns v. Postmates Inc.
Supreme Court's ruling in 'Epic Systems Corp. v. Lewis' did not overrule California Supreme Court's opinion in 'Iskanian v. CLS Transportation Los Angeles, LLC.' 		Arbitration 1DCA/3 Jul. 22, 2021
People v. Wilson
Trial court lacked statutory authority to modify defendant's parole condition without alleged parole violation. 		Criminal Law and Procedure 1DCA/5 Jul. 22, 2021
People v. Smothers
Defense counsel's misconception and consequent failure to present pertinent evidence at murder trial prejudiced defendant and constituted ineffective assistance of counsel. 		Criminal Law and Procedure 1DCA/3 Jul. 22, 2021
People v. Schulz
Penal Code Section 1203.1(m)(1) excludes offenses that specify lengths of probation from eligibility for two-year maximum probationary period. 		Criminal Law and Procedure 5DCA Jul. 22, 2021
Gilkyson v. Disney Enterprises, Inc.
Agreement expressly granted defendant right to exploit mechanical reproduction rights without paying royalties. 		Contracts 2DCA/7 Jul. 22, 2021
Johnson v. Maxim Healthcare Services, Inc.
Although plaintiff's individual claim was time-barred, she may still pursue representative claim under Private Attorney General Act. 		Labor Law 4DCA/1 Jul. 22, 2021
People v. Rodriguez
Defendant was not just getaway driver in single episode, he was major participant in conspiracy to commit series of robberies. 		Criminal Law and Procedure 3DCA Jul. 21, 2021
Cahill Construction Co., Inc. v. Superior Court (Richards)
Code of Civil Procedure Section 2025.295 caps deposition of terminally-ill mesothelioma plaintiff to 14 hours. 		Civil Procedure 1DCA/5 Jul. 21, 2021
People v. Pineda
Defendant was entitled to judicial determination as to whether his conduct is proscribed by special-circumstances statute before his Penal Code Section 1170.95 petition may be denied. 		Criminal Law and Procedure 6DCA Jul. 21, 2021
Noguera v. Davis
Jury was properly instructed on financial-gain special circumstance. 		Criminal Law and Procedure 9th Jul. 21, 2021
U.S. v. Gonzalez-Valencia
Filing of Notice to Appear establishes immigration court's jurisdiction regardless of notice's failure to include time, date, and location of hearing. 		Immigration 9th Jul. 21, 2021
Amended Opinion: Bernstein v. Virgin America
Summary judgment to plaintiffs on their claims for minimum wage and payment for all hours worked was reversed because defendant's compensation scheme based on block time did not violate California law. 		Labor Law 9th Jul. 21, 2021
Mauia v. Petrochem Insulation
In Outer Continental Shelf, state law can only be applied where gap in federal law exists. 		Labor Law 9th Jul. 21, 2021
Harris v. Rojas
Plaintiff's recovery was slight compared to his demand; thus, trial court's ruling that plaintiff was not prevailing party was affirmed. 		Attorneys 2DCA/8 Jul. 21, 2021
Western Bagel Co., Inc. v. Superior Court (Calderon)
Federal Arbitration Act bars courts from using contra proferentum to resolve ambiguity as to whether parties consented to nonbinding arbitration. 		Arbitration 2DCA/1 Jul. 20, 2021
Taking Offense v. State of California
Law that prohibited staff members of long-term care facilities from willfully and repeatedly referring to resident by pronoun other than resident's preferred pronoun was content-based and did not survive strict scrutiny. 		Constitutional Law 3DCA Jul. 20, 2021
Voice of San Diego v. Superior Court (County of San Diego)
Public interest in not disclosing exact location of COVID-19 outbreaks outweighed public interest in disclosure. 		Public Records Act 4DCA/1 Jul. 20, 2021
Martin v. California Coastal Commission
California Coastal Commission correctly interpreted City's Local Coastal Program and Municipal Code. 		Administrative Agencies 4DCA/1 Jul. 20, 2021
M.M. v. D.V.
Family Code Section 7612(c) requires biological father seeking third parent status to show existing relationship with child. 		Family Law 4DCA/1 Jul. 20, 2021
Whitewater Draw v. Mayorkas
Department of Homeland Security's Instruction Manual, which implements National Environmental Policy Act regulations, did not constitute 'final agency action' subject to review under Administrative Procedure Act. 		Environmental Law 9th Jul. 20, 2021
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