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In re Cabrera
Where jury was deadlocked as to defendant's "great bodily injury" charge, sentencing court may not impose enhancement based on its own finding of great bodily injury.
Criminal Law and Procedure CASC Mar. 3, 2023
Johnston-Rossi v. Rossi
Family court improperly modified existing custody order by not requiring the father to present evidence of a significant change of circumstances that justified children's enrollment in months-long therapy program.
Family Law 2DCA/8 Mar. 3, 2023
Modification: Committee to Relocate Marilyn v. City of Palm Springs
City's approval of closing off street from vehicles for three years in order to display a 26-foot-tall statue of Marilyn Monroe violated Vehicle Code Section 21101(e) because it was not a temporary closure.
Government 4DCA/1 Mar. 3, 2023
Estrada v. Superior Court (People)
Trial court did not abuse its discretion by continuing criminal cases past statutory last day for trial due to the COVID-19 pandemic.
Criminal Law and Procedure 1DCA/1 Mar. 3, 2023
Modification: People v. Sedano
Prosecution's testimony on child sexual abuse accommodation syndrome was admissible because it was admitted to help the jury's objective evaluation of the victim's credibility rather than vouch for her veracity.
Evidence 5DCA Mar. 3, 2023
In re N.M.
Custody determinations require findings that the decision was in the child's best interest.
Family Law 2DCA/1 Mar. 3, 2023
People v. Lewis
Remand for resentencing was appropriate under amended Penal Code Section 1170(b) because the court could not conclude that the jury would have found at least one aggravating circumstance true beyond a reasonable doubt.
Criminal Law and Procedure 4DCA/2 Mar. 3, 2023
Billauer v. Escobar-Eck
Defendant established a probability of success on libel claim because plaintiff's social media posts asserted that defendant was an unscrupulous liar who would do anything to build a development project.
Anti-SLAPP 4DCA/1 Mar. 2, 2023
Geragos v. Abelyan
The *Flatley* extortion exemption to protected representation communications does not apply where there is a material dispute about the allegedly extortionate communications.
Anti-SLAPP 2DCA/8 Mar. 2, 2023
Algo-Heyres v. Oxnard Manor
Trial court's denial of arbitration agreement was affirmed when substantial evidence supported that elderly stroke victim did not have the mental capacity to appreciate consequences of signing the agreement.
Arbitration 2DCA/6 Mar. 2, 2023
People v. Ung
Restitution order requiring the defendant to make in-kind restitution in the form of cryptocurrency was not an abuse of discretion despite substantial increase in value.
Criminal Law and Procedure 6DCA Mar. 2, 2023
People v. Fugit
Jury instruction that force-likely assault was lesser included offense of assault with a deadly weapon was not prejudicial because a ceramic mug cannot cause bodily injury without application of force.
Criminal Law and Procedure 1DCA/5 Mar. 2, 2023
Sinclair v. City of Seattle
Mother could not sue Seattle for loss of companionship with special needs son killed in Capital Hill Occupied Protest because the actual danger created by the City was not particularized to the decedent.
Civil Rights 9th Mar. 2, 2023
U.S. v. Taylor
Where officers' actions were objectively reasonable, a seemingly prolonged stop was not a Fourth Amendment violation.
Criminal Law and Procedure 9th Mar. 2, 2023
Naranjo v. Spectrum Security Services, Inc.
Substantial evidence supported trial court's finding that employer presented good faith defenses at trial for its failure to pay meal premiums and therefore was not "willful" under Labor Code Section 203.
Employment Law 2DCA/4 Mar. 1, 2023
Los Angeles Waterkeeper v. State Water Resources Control Bd.
State Water Resources Control Board does not have a constitutional or statutory duty to investigate or prevent unreasonable use or waste of treated water.
Administrative Agencies 2DCA/1 Mar. 1, 2023
Spencer v. City of Palos Verdes Estates
City of Palos Verdes Estates was liable under the California Coastal Act for wood hangout built on their property by group of self-appointed local guardians of a surf spot.
Environmental Law 2DCA/5 Mar. 1, 2023
Securus Technologies v. Public Utilities Com.
Public utilities commission's interim rate relief was proper because evidence could lead a reasonable person to find California incarcerated persons calling services providers could feasibly charge $0.05 per minute for intrastate calls.
Administrative Agencies 2DCA/4 Mar. 1, 2023
Modification: 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 Mar. 1, 2023
Bittner v. U.S.
Nonwillful violations of the Bank Secrecy Act's requirement to file an annual foreign bank account report accrue on a per-report rather than a per-account basis.
Banking USSC Mar. 1, 2023
Delaware v. Pennsylvania
The Federal Disposition Act covered the proceeds of abandoned agent checks and teller's checks and thus should escheat to the state of purchase.
Banking USSC Mar. 1, 2023
U.S. v. Gonzalez-Valencia
9th Mar. 1, 2023
Galaza v. Mayorkas
Employment standards laid out in the Aviation and Transportation Security Act preempted the Rehabilitation Act with respect to Transportation Security Administration screener with disability.
Administrative Agencies 9th Mar. 1, 2023
People v. Pierce
Order denying Secretary of CDCR's recommendation to recall defendant's 2011 sentence was reversed to allow for a hearing and reconsideration of postconviction factors pursuant to Penal Code Section 1172.1 changes.
Criminal Law and Procedure 2DCA/6 Mar. 1, 2023
Gostev v. Skillz Platform
Arbitration agreement containing overwhelming substantively unconscionable provisions was unenforceable.
Arbitration 1DCA/2 Mar. 1, 2023
Juarez v. Ward
An equitable servitude prevented judgment creditor from obtaining rights to debtor's Oscar award statuette.
Contracts 2DCA/2 Feb. 28, 2023
Lin v. Kaiser Foundation Hospitals
Summary judgment of employee's disability discrimination claim against Kaiser was reversed because a reasonable jury could find that Kaiser's decision to terminate her was substantially motivated by her shoulder injury.
Employment Discrimination 2DCA/4 Feb. 28, 2023
Galarsa v. Dolgen California, LLC
In light of *Viking River*, employer was entitled to compel arbitration of employee's Private Attorneys General Act claims that sought to recover civil penalties for Labor Code violations suffered by the employee.
Arbitration 5DCA Feb. 28, 2023
Make UC a Good Neighbor v. Regents of University of Cal.
Environmental Impact Report for the University of California, Berkeley's proposed housing project requiring the demolition of People's Park, a historic site, was deficient because it failed to provide project alternatives.
Environmental Law 1DCA/5 Feb. 28, 2023
Credit One Bank v. Hestrin
State action to enforce consumer protection laws against a national bank implicated important state interests and was not an improper exercise of visitorial powers.
Banking 9th Feb. 28, 2023