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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
In re Caden C.
Parent is not required to show progress in addressing issues, such as drug abuse, to establish parental-benefit exception to Welfare and Institutions Code Section 366.26 		Juveniles CASC May 28, 2021
United States v. Holiday
District court erred by denying defendant's suppression motion but error was harmless due to strength of other evidence such as defendant's DNA and robbery handgun. 		Criminal Law and Procedure 9th May 28, 2021
Lion Raisins v. Ross
Trial court correctly determined Raisin Bargaining Association was marketing association and therefore authorized to bloc vote under Food and Agricultural Code Section 58999. 		Administrative Agencies 3DCA May 27, 2021
Dawson v. Garland
Board of Immigration Appeals properly denied petitioner's application for deferral of removal under Convention Against Torture because petitioner's circumstances changed significantly after Jamaican court issued protection order. 		Immigration 9th May 27, 2021
White v. Molfetta
There was no credible evidence of emotional distress resulting from attorney's two-year delay in returning plaintiff's criminal case file so that he could file federal habeas petition. 		Torts 4DCA/3 May 26, 2021
Pillar Project AG v. Payward Ventures, Inc
In absence of agency relationship between plaintiff and third party, plaintiff was not compelled to arbitrate as a result of third party's agreement to defendant's Terms of Service. 		Arbitration 1DCA/5 May 26, 2021
People v. Escareno
Applying Vehicle Code Section 41500(a) to defendant being prosecuted in single action for felony and nonfelony offenses arising out of single incident would not further Legislature's purpose in that section. 		Criminal Law and Procedure 1DCA/2 May 26, 2021
Modification: Felczer v. Apple
Postjudgment interest on award of prejudgment costs begins to run on date of judgment or order that establishes right of party to recover particular cost item, even if dollar amount hasn't been determined. 		Remedies 4DCA/1 May 26, 2021
In re Daniel F.
Father was entitled to evidentiary hearing on his Welfare and Institutions Code Section 388 petition because agency had to give him notice and opportunity to change his paternity status before terminating parental rights. 		Dependency 1DCA/3 May 26, 2021
People v. Oneal
Whether court may consider report prepared in relation to defendant's insanity plea when evaluating defendant's eligibility for mental health diversion ultimately turns on relevance of report. 		Criminal Law and Procedure 5DCA May 26, 2021
Aghaian v. Minassian
Defendant was precluded from seeking appellate review of inconvenient forum issue because appellate court previously ruled on that issue. 		Civil Procedure 2DCA/8 May 26, 2021
Reck v. FCA US LLC
In public interest litigation with mandatory fee shifting statute, it is error for trial court to reduce attorney fees on basis of plaintiff's failure to settle when ultimate recovery exceeds Section 998 offer. 		Civil Procedure 1DCA/1 May 26, 2021
People v. Aguirre
Public agency may be sanctioned under Code of Civil Procedure Section 177.5 for failing to show good cause for violating a court order. 		Civil Procedure 3DCA May 26, 2021
People v. Valencia
Appellant's rehabilitative progress in prison did not constitute good cause to permit untimely and successive petition for recall of sentence pursuant to Three Strikes Reform Act of 2012. 		Criminal Law and Procedure 5DCA May 26, 2021
In re N.A.
In order to reenter dependency system, nonminor former dependent must have validly received financial aid at time she turned 18. 		Juveniles 4DCA/1 May 25, 2021
Best v. Ocwen Loan Servicing, LLC
Defendants' actions in connection with foreclosing on plaintiff's deed of trust was actionable under Rosenthal Act because non-judicial foreclosure is debt collection by debt collector which triggers Rosenthal Act. 		Real Property 4DCA/2 May 25, 2021
Paterra v. Hansen
Defendant's default judgment was set aside because plaintiff's amended complaint made material changes which required her to serve notice on defendant's predecessor. 		Civil Procedure 4DCA/1 May 25, 2021
Los Angeles Unified School Dist. v. Superior Court (Jane Doe)
Treble damages under Code of Civil Procedure Section 340.1 is primarily punitive and prohibited against public entity under Government Code Section 818. 		Remedies 2DCA/3 May 25, 2021
Guam v. United States
Parties may seek contribution under Comprehensive Environmental Response, Compensation, and Liability Act only after settling CERCLA-specific liability. 		Environmental Law USSC May 25, 2021
United States v. Palomar-Santiago
When collaterally challenging underlying deportation orders, first two requirements are not satisfied just because noncitizen was removed for offense that should not have rendered him removable. 		statutory_interpretation USSC May 25, 2021
Banister v. Marinidence Opco, LLC
Arbitration properly denied after evidence showed former employee who allegedly signed electronic arbitration agreement was not only person who could have executed agreement. 		Arbitration 1DCA/5 May 25, 2021
People v. Scully
Excusal of prospective juror was proper because she described death vote as 'possibility' but never stated she could actually impose death penalty when warranted. 		Criminal Law and Procedure CASC May 25, 2021
Smart Corner Owners Assn. v. CJUF Smart Corner LLC
Requiring condominium association to obtain consent of majority of owners before filing construction defect claim violates state public policy supporting quality residential construction. 		Real Property 4DCA/1 May 24, 2021
People v. Watson
Trial court did not err in designating defendant's vacated murder conviction as both first degree burglary and first degree robbery under Penal Code Section 1170.95(e). 		statutory_interpretation 1DCA/3 May 24, 2021
U.S. v. Lopez
Defendant was entitled to shorter sentence than mandatory five-year minimum because safety-valve only bars defendants who meet all three of its criteria. 		Criminal Law and Procedure 9th May 24, 2021
Franklin v. Community Regional Medical Center
Nonsignatory hospital may compel arbitration because plaintiff's Labor Code claims were 'intimately founded in and intertwined with' her contracts with staffing agency. 		Arbitration 9th May 24, 2021
Stafford v. Rite Aid Corp.
Equitable estoppel doctrine did not bind plaintiff to arbitration agreements in contracts between pharmacy and pharmacy benefits managers because plaintiff's fraud claims were independent of obligations under those agreements. 		Arbitration 9th May 24, 2021
McIsaac v. Foremost Insurance Company
Trial court erred in denying petition to arbitrate because although litigation involved some nonarbitrable issues, defendant was entitled to arbitrate amount of plaintiff's underinsured motorist claim. 		Arbitration 1DCA/1 May 21, 2021
U.S. v. Gibson
Defendant's place restriction forbidding him from visiting any place primarily used by children was not unconstitutionally vague or overbroad. 		Constitutional Law 9th May 21, 2021
Amended Opinion: Boule v. Egbert
'Bivens' remedies were available where US citizen alleged that border patrol agent violated Fourth Amendment by using excessive force while carrying out official duties within US. 		Civil Rights 9th May 21, 2021
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