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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Bodenburg v. Apple Inc.
Breach of contract claim could not survive motion to dismiss where defendant performed as contemplated by the parties' agreement even though that performance did not match plaintiff's subjective expectation. 		Contracts 9th Jul. 24, 2025
Modification: Scott v. County of Riverside
County's fee to determine timeshare owners' portion of property tax was a tax requiring voter approval because it failed to provide evidence of the actual expenditures incurred in assessing the fee. 		Tax 4DCA/1 Jul. 24, 2025
People v. Cunningham
Defendant was ineligible for Penal Code section 1172.6 because jury instructions, along with verdict, established defendant acted with malice. 		Criminal Law and Procedure 2DCA/6 Jul. 24, 2025
People v. Benitez-Torres
Attorney's failure to understand and explain the immigration consequences of a guilty plea prejudiced client and entitled him to relief under Penal Code 1473.7. 		Criminal Law and Procedure 4DCA/3 Jul. 24, 2025
Wing Inflatables v. Certain Underwriters at Lloyd's
A clerk's certificate of service must be attached to, stamped on, or imbedded in the Notice of Entry or file-endorsed copy of the judgment or appealable order being served to trigger the 60-day period to appeal. 		Civil Procedure 1DCA/1 Jul. 23, 2025
People v. Cota
Under Penal Code section 1172.75, trial court maintained jurisdiction to resentence defendant with prison priors despite CDCR's failure to provide the court with the list of eligible inmates. 		Criminal Law and Procedure 6DCA Jul. 23, 2025
Yu v. Pozniak-Rice
Diligent efforts for alternative service of civil harassment restraining orders follows the same requirements as summons service in civil cases. 		Civil Procedure 2DCA/7 Jul. 23, 2025
Cabello Garcia v. USCIS
District court lacked jurisdiction to review judgment denying discretionary adjustment of status for lawful permanent resident. 		Immigration 9th Jul. 23, 2025
U.S. v. Hassan
The Sixth Amendment's guarantee of a fair trial permits the trier of fact to compare, for identification purposes, photographs or video of the culprit with the defendant's in-court appearance. 		Criminal Law and Procedure 9th Jul. 23, 2025
Gogal v. Deng
Prevailing married couple in retaliatory eviction case was not entitled to attorney's fees for work performed by attorney-spouse because there was no evidence of a bona fide attorney-client relationship. 		Attorneys 4DCA/1 Jul. 23, 2025
Modification: A.B. v. County of San Diego
Because properly trained officers could know that placing body weight on a hogtied individual gasping, "can't breathe" could constitute deadly force, trial court erred in granting summary judgment on negligent-training claim. 		Torts 4DCA/1 Jul. 22, 2025
Immigrant Defenders Law Center v. Noem
Order 		9th Jul. 22, 2025
U.S. v. Bryant
Despite being sentenced to 70 years when he was 16 years old, defendant's youth, as a standalone factor, was not enough to warrant compassionate release. 		Criminal Law and Procedure 9th Jul. 22, 2025
Perez Cruz v. Bondi
Mexican native who had been kidnapped and threatened by drug cartels in 2004 and 2009 did not establish a reasonable fear of future harm sufficient to defer removal. 		Immigration 9th Jul. 22, 2025
People v. Choyce
Claims of prosecutorial misconduct were forfeited where neither a timely objection regarding misconduct was made nor any jury admonishment sought despite several sustained, contemporaneous evidentiary objections. 		Criminal Law and Procedure CASC Jul. 22, 2025
EpicentRx v. Superior Court (EPIRX, L.P.)
Corporation's forum selection clauses mandating stockholder lawsuits to be brought in the Delaware Court of Chancery were enforceable despite being contrary to California public policy favoring the right to a jury trial. 		Civil Procedure, Corporations CASC Jul. 22, 2025
In re Uriostegui
Bankruptcy Code's state-homestead-exemption limit for debts arising from fiduciary's fraud did not apply to fraudulent conduct to become a trustee that occurred prior to any fiduciary relationship. 		Bankruptcy BAP Jul. 21, 2025
Egelston v. State Personnel Board
Res judicata and collateral estoppel were inapplicable when restraining order judgment had no preclusive effect on government employee's dismissal which was based on his abusive and dishonest conduct. 		Civil Procedure 2DCA/6 Jul. 17, 2025
U.S. v. Ghanem
Refusing offense-level reduction for accepting responsibility was not clear error where the defendant's conduct, including attempting to minimize his involvement in the offense, was inconsistent with accepting responsibility. 		Criminal Law and Procedure 9th Jul. 18, 2025
People v. Reyes
Trial court did not err by admitting significant evidence about defendant's gang affiliation during the guilt phase of bifurcated murder trial where the affiliation was relevant to motive and intent. 		Criminal Law and Procedure 2DCA/6 Jul. 18, 2025
People v. Lara
Regional center expert should have been appointed by trial court to evaluate defendant's competency to stand trial when record showed that a sufficient basis regarding defendant's developmental disability existed. 		Criminal Law and Procedure 5DCA Jul. 18, 2025
Modification: People v. Oyler
Despite media coverage of wildfire set by capital murder defendant, trial court correctly denied change of venue motion given the large size of the county and other factors. 		Criminal Law and Procedure CASC Jul. 18, 2025
McMahon v. New York
Order 		USSC Jul. 16, 2025
Doctor's Best, Inc. v. Nature's Way Products, LLC
District court correctly limited the scope of trademark infringement claim to the alleged infringer's domestic conduct. 		Intellectual Property 9th Jul. 16, 2025
People v. Thompson
Statutory distinction for resentencing petitions between juveniles sentenced to life without parole and juveniles sentenced to 50 years to life did not violate equal protection. 		Criminal Law and Procedure, Constitutional Law 2DCA/3 Jul. 16, 2025
Modification: People v. Munoz
Despite not requiring unanimity amongst jurors as to which specific overt act was required for conspiracy to commit murder, jury instructions did not violate Sixth Amendment. 		Criminal Law and Procedure 1DCA/5 Jul. 15, 2025
People v. Valle
Statute criminalizing possession of "sharp instruments" by prisoners was not unconstitutionally vague as applied to defendant who hid a sharpened piece of plastic in his mattress. 		Criminal Law and Procedure 2DCA/6 Jul. 15, 2025
U.S. v. Petrushkin
Mere possession of a firearm was insufficient to trigger the application of U.S. Sentencing Guideline section 2K2.1(c)(1), for possession in connection with the commission of another offense. 		Criminal Law and Procedure 9th Jul. 15, 2025
People v. Brinson
Because Penal Code section 1171 did not override Penal Code section 1172.1(c), trial court's decision not to act on recall and resentencing request was nonappealable. 		Criminal Law and Procedure 1DCA/3 Jul. 15, 2025
CFP BDA, LLC v. Superior Court (Bedford)
Timely motion for summary judgment must be heard regardless of local court rules or calendaring issues. 		Civil Procedure 4DCA/2 Jul. 14, 2025
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