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Garcia v. Tempur-Pedic North America, LLC
Despite deposition not actually occurring, trial court's consideration of whether to award incurred deposition costs was appropriate. 		Remedies 4DCA/2 Jan. 10, 2024
Modification: Green Tree Headlands LLC v. Crawford
Anti-SLAPP motion in malicious prosecution suit should have been granted where defendant attorney made questionable calls, but it could not be said that no reasonable lawyer would have advanced the claims he put forth. 		Anti-SLAPP 1DCA/4 Jan. 10, 2024
Modification: People v. Hall
Criminal defendant's right to jury trial was not violated when trial court relied on aggravating circumstances not found by a jury in selecting his sentence pursuant to a negotiated disposition. 		Criminal Law and Procedure 1DCA/1 Jan. 10, 2024
People v. Lashon
The appellate rules governing forfeiture of issues apply to claims made pursuant to the California Racial Justice Act. 		Criminal Law and Procedure 1DCA/3 Jan. 10, 2024
Perez v. Oakdale Irrigation Dist.
Government's "canal immunity" applies whenever an injured person interacted with relevant property in an unforeseen manner regardless of whether the interaction was intentional. 		Immunity 5DCA Jan. 10, 2024
DeMarinis v. Heritage Bank of Commerce
Bank's arbitration agreement with employees contained an invalid waiver of their individual PAGA claims since the agreement contained a nonseverability clause and poison pill provision. 		Arbitration 1DCA/3 Jan. 10, 2024
Munoz v. Superior Court of Los Angeles County
State-court judges may not be sued in their judicial capacity for judicial actions because they enjoy Eleventh Amendment sovereign immunity. 		Immunity 9th Jan. 10, 2024
Cassirer v. Thyssen-Bornemisza Collection Foundation
Under California's choice-of-law test, Spanish law applied to determine ownership of Pissarro painting stolen by Nazis. 		Civil Procedure 9th Jan. 10, 2024
Jane Doe v. Uber Technologies, Inc.
Order 		9th Jan. 10, 2024
People v. Coleman
Defense counsel's advice regarding defendant's use of slang and manner of speaking did not indicate racial bias or animus sufficient to support a violation of the Racial Justice Act. 		Criminal Law and Procedure 1DCA/5 Jan. 9, 2024
Planning and Conservation League v. Dept. of Water Resources
Environmental impact analysis of amendments extending existing State Water Project contracts did not violate the California Environmental Quality Act despite testimony they could be used to fund a separate project. 		Water Rights 3DCA Jan. 9, 2024
Amended Opinion: Su v. Bowers
Though government's valuation expert was proved wrong at trial, Equal Access to Justice Act attorney's fees were properly denied as government's litigation position was substantially justified. 		Civil Procedure 9th Jan. 9, 2024
Miles v. Kirkland's Stores Inc.
Denial of class certification was inappropriate where there was evidence that employer's official policy violated labor laws and was consistently enforced across all employees during the alleged class period. 		Civil Procedure 9th Jan. 9, 2024
Amended Opinion: Silbersher v. Valeant Pharmaceuticals Int'l
In a False Claims Act case, the "substantially the same" prong of the public disclosure bar was not triggered because none of the individual public disclosures directly claimed or furnished a reasonable inference of the fraud allegations. 		Government 9th Jan. 8, 2024
Cross v. O'Malley
Social Security Commissioner's revised medical-evidence regulations fell within its broad authority conferred by the Social Security Act and Administrative Procedure Act. 		Administrative Agencies 9th Jan. 8, 2024
Moten v. Transworld Systems Inc.
Anti-SLAPP motion to strike should not have been granted based on litigation privilege where plaintiff's claims were based on violations of the Rosenthal Act because litigation privilege did not apply. 		Anti-SLAPP 4DCA/2 Jan. 8, 2024
Garner v. BNSF Railway Co.
Exclusion of causation experts opining on diesel exhaust exposure was improper because the analytical gap in the data was caused by a lack of scientific research on the subject. 		Evidence 4DCA/1 Jan. 5, 2024
Estate of Flores
Probate Code Section 11700 proceeding determining persons entitled to estate did not foreclose or determine rights or interests of individual who had previously assigned his right to estate. 		probate_and_trusts 2DCA/3 Jan. 4, 2024
U.S. v. Gonzalez-Godinez
Government was not required to provide further clarification to non-citizen regarding his Miranda and administrative rights where they were not contradictory or confusing. 		Immigration 9th Jan. 4, 2024
Grossmont Union High School Dist. v. Diego Plus Education Corp.
Trial court failed to evaluate the financial burden of enforcement when awarding attorneys fees based on enforcement of an important right affecting the public interest. 		Civil Procedure 4DCA/1 Jan. 3, 2024
People v. Alvarez
No exigent circumstances existed alleviating a police officer's warrant obligation before drawing an unconscious man's blood sample. 		Criminal Law and Procedure 4DCA/1 Jan. 3, 2024
In re L.B.
Inquiry into dependent child's possible Native ancestry was inadequate where the record indicated the existence of extended family members that were not asked whether the child was a Native child. 		Dependency 1DCA/4 Jan. 3, 2024
Marriage of Gilbert-Valencia and McEachen
Family court awarding 100 percent of net proceeds from quasi-marital property sale without finding of malice, fraud or oppression as to fiduciary duty breach, was an abuse of discretion. 		Family Law 3DCA Jan. 3, 2024
Garrabrants v. Erhart
Trial court erroneously instructed the jury on invasion of privacy claim by instructing that bank customers have an unqualified reasonable expectation of privacy in financial documents given to the bank. 		Banking 4DCA/1 Jan. 3, 2024
Marriage of Whitman
Trial court erred in holding community property responsible for civil penalty imposed due to spouse's illegal insider trading during the marriage. 		Family Law 1DCA/2 Jan. 3, 2024
Gonzales v. California Victim Compensation Bd.
Grant of writ of habeas corpus for insufficient evidence was not the same as a finding of factual innocence for wrongful incarceration compensation purposes. 		Criminal Law and Procedure 2DCA/2 Jan. 3, 2024
Amended Opinion: California Restaurant Association v. City of Berkeley
Despite not directly regulating natural gas appliances, ordinance prohibiting installing natural gas infrastructure in new buildings was expressly preempted as regulation on the quantity of gas consumed by covered appliances. 		Environmental Law 9th Jan. 3, 2024
Jane Doe v. Webgroup Czech Republic, A.S.
District court had specific personal jurisdiction against foreign pornography website operators who used U.S.-based content delivery network services to improve U.S. user viewing experience. 		Civil Procedure 9th Jan. 3, 2024
K & S Staffing Solutions v. The Western Surety Co.
Staffing company hired by subcontractor for state public works contract could not obtain payment from bond posted by contractor as required by mechanics' lien law. 		Government 3DCA Jan. 3, 2024
Hamilton v. Green
Descendant's civil challenge to a handwritten trust amendment was time-barred by 120-day statute of limitations because it was "an action to contest the trust." 		probate_and_trusts 2DCA/4 Jan. 2, 2024
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