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Zepeda v. Superior Court (People)
The term "circumstances in aggravation" in the amended Penal Code Section 1170(b)(2) refers to aggravating factors listed in California Rules of Court, Rule 4.421 and they are not unconstitutionally vague. 		Criminal Law and Procedure 1DCA/4 Nov. 15, 2023
Jimenez v. Chavez
Application to set aside default was properly denied because, although it was timely, it was not in the proper form since it was unaccompanied by a proposed responsive pleading. 		Civil Procedure 4DCA/2 Nov. 15, 2023
People v. Rhodius
Defendant was not entitled to full resentencing because his now-invalid prison-prior enhancements had been previously stayed. 		Criminal Law and Procedure 4DCA/2 Nov. 15, 2023
City of Marina v. County of Monterey
Where other local entities failed to form a groundwater agency, the Sustainable Groundwater Management Act allowed for local county to form groundwater agency and decide management of overlapped area. 		Water Rights 6DCA Nov. 15, 2023
Statement of the Court Regarding the Code of Conduct
Order 		USSC Nov. 15, 2023
Martin v. Board of Trustees of the California State University
Because defendant had a legitimate basis for firing employee which employee failed to rebut, trial court appropriately granted summary judgment for defendant. 		Employment Discrimination 2DCA/8 Nov. 15, 2023
Nicoletti v. Kest
Apartment complex owner did not owe a duty to injured woman since running rainwater on a concrete driveway was an obvious dangerous condition. 		Torts 2DCA/8 Nov. 15, 2023
Johnson v. Prentice
Order 		USSC Nov. 14, 2023
Roth v. Foris Ventures LLC
Securities and Exchange Rule 16b-3 does not require a board of directors to explicitly approve transactions for the purpose of exempting them under the Rule in order for the exemption to apply. 		Securities 9th Nov. 14, 2023
California Construction & Industrial Materials Assn. v. County of Ventura
County was not required to submit a Surface Mining and Reclamation Act statement of reasons for its ordinance creating wildlife animal movement corridors. 		Environmental Law 2DCA/6 Nov. 14, 2023
Modification: Brancati v. Cachuma Village, LLC
Trial court erred in excluding medical doctor's factually-based expert testimony to testify on impact of mold in plaintiff's residence to her health. 		Evidence 2DCA/6 Nov. 14, 2023
People v. Renteria
Criminal defendant entitled to full resentencing was not entitled to have sentence enhancement resulting in sentence exceeding 20 years stricken where trial court determined striking it would endanger public safety. 		Criminal Law and Procedure 6DCA Nov. 13, 2023
Marriage of Motiska and Ford
In marriage dissolution proceeding, sale of separate property to community property for $1 did not trigger Family Code Section 2640's reimbursement requirement. 		Family Law 1DCA/4 Nov. 10, 2023
Bakersfield Californian v. Superior Court (Roberts)
Defendant accused of murder overcame constitutional newspersons shield by showing a reasonable possibility that the newspaper's unpublished interview material with codefendant contained evidentiary value. 		Criminal Law and Procedure 5DCA Nov. 9, 2023
U.S. v. Vinge
To warrant a leader-or-organizer sentencing enhancement for a drug offense, a defendant must have the ability and influence necessary to coordinate the activities of others to achieve a desired result. 		Criminal Law and Procedure 9th Nov. 9, 2023
National Association of Wheat Growers v. Bonta
District court did not err in enjoining California from enforcing a Prop 65 warning requirement for chemicals because their link to cancer was disputable. 		Constitutional Law 9th Nov. 8, 2023
Boitez v. Superior Court (People)
Consent to search was not an intelligent and voluntary waiver of rights when it would not have been given but for officer's false promise of leniency about towing of vehicle. 		Criminal Law and Procedure 3DCA Nov. 8, 2023
Lagrisola v. North American Financial Corp.
Mortgage borrowers lacked standing to sue unlicensed lender for unlawful business practices where the borrowers received the benefit of the bargain as expected and the lender did not misrepresent itself. 		Business Law 4DCA/1 Nov. 7, 2023
Stronghold Engineering, Inc. v. City of Monterey
Because company's initial complaint did not seek money or damages but rather only declaratory relief, it did not need to first present its claim to city in order to file lawsuit. 		Government 6DCA Nov. 7, 2023
Coronavirus Reporter v. Apple, Inc.
Plaintiffs failed to state antitrust claim arising from Apple's rejection of their apps for distribution through the App Store, because they did not sufficiently allege a plausible relevant market. 		Antitrust 9th Nov. 6, 2023
Mattson Technology v. Applied Materials
Trial court should have stayed proceeding until completion of arbitration when common factual questions as to misappropriation of trade secret activities existed as to both former employee and competitor defendants. 		Civil Procedure 1DCA/5 Nov. 3, 2023
Modification: People v. Coddington
Defendant was entitled to seek further reductions of his prison term even after trial court granted his motion to remove one of the enhancements. 		Criminal Law and Procedure 1DCA/1 Nov. 3, 2023
People v. Flores
Defendant convicted of provocative act murder was ineligible for resentencing because the theory of provocative act murder was unchanged by the elimination of participation-based imputed malice theories. 		Criminal Law and Procedure 4DCA/1 Nov. 3, 2023
Hanagami v. Epic Games, Inc.
Choreographer plausibly alleged claim for copyright infringement of his selection and arrangement of dance moves. 		Copyright 9th Nov. 2, 2023
Zachary H. v. Teri A.
Son's domestic violence restraining order against his mother was properly supported by testimony that she attempted to run him over with her car and threaten him via e-mail. 		Family Law 4DCA/1 Nov. 2, 2023
Western Towboat Co. v. Vigor Marine LLC
A "Hold Harmless" provision in parties' Tow Agreement did not apply to shipyard's non-reimbursed deductible for third-party liability because it only held harmless for injury to their own property. 		Maritime Law 9th Nov. 1, 2023
Camenzind v. California Exposition & State Fair
Under the California Speech Clause, free speech activities may be limited at a private event requiring a ticket for entrance even though it was held within a publicly-owned venue. 		Constitutional Law 9th Nov. 1, 2023
Yes In My Back Yard v. City of Culver City
City ordinance reducing the floor area ratio of single-family residences violated the express language of the Housing Crisis Act. 		Government 2DCA/4 Oct. 31, 2023
Tedesco v. White
Sanctions were justified when subpoena request was overbroad, a misuse of the discovery process, and essentially just a fishing expedition to look for some unknown financial misconduct. 		Civil Procedure 4DCA/3 Oct. 31, 2023
King v. Brownback
Order 		USSC Oct. 31, 2023
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