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People v. Manzo
Lost dashcam video footage caused by prosecutorial delay did not entitle criminal defendant to dismissal of complaint because there was no evidence demonstrating he was actually prejudiced by the loss. 		Criminal Law and Procedure 4DCA/2 Oct. 19, 2023
Northwestern Band of the Shoshone Nation v. Wooten
The Northwestern Band of the Shoshone Nation's right to hunt on unoccupied lands under the 1868 Treaty of Fort Bridger was not conditioned on permanent residence on a reservation. 		Native American Affairs 9th Oct. 19, 2023
People v. Quan
The case was remanded where defendant was denied his right to be personally present at his Section 1172.6 felony murder resentencing hearing. 		Criminal Law and Procedure 4DCA/3 Oct. 19, 2023
Sabbe v. Washington County Board of Commissioners
Officers not liable for victim's death despite their warrantless entry into victim's rural field when the warrantless entry was not the proximate cause of victim's death. 		Civil Rights 9th Oct. 19, 2023
People v. Molina
Requiring face masks at trial due to the COVID-19 pandemic did not violate defendant's right to a fair trial. 		Criminal Law and Procedure 4DCA/3 Oct. 19, 2023
Kava Holdings LLC v. National Labor Relations Board
Refusal to rehire union-affiliated former employees upon completion of hotel renovations was unlawful discrimination where employer's stated reasons for the refusal were pretextual and antiunion animus contributed to the decision. 		Labor Law 9th Oct. 19, 2023
Amalgamated Bank v. Facebook, Inc.
Facebook shareholders adequately pleaded falsity as to risk statements regarding misuse of user data where Facebook represented the risk as hypothetical, when, in fact, the risks had already materialized. 		Securities 9th Oct. 19, 2023
L.O. v. Kilrain
Defendant's arguments against two restraining orders were waived when he failed to properly cite to the record in his appellate brief. 		Civil Procedure 2DCA/6 Oct. 19, 2023
Estate of Martino
Even though he was not decedent's biological or adopted child, decedent's former stepchild had standing to claim natural parentage heirship. 		probate_and_trusts 4DCA/1 Oct. 19, 2023
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 Oct. 18, 2023
People v. Aguirre
Because defendant's violation of Penal Code Section 186.22 qualified as a strike on the date of his conviction, it continued to qualify as a strike even after the amendment of the Section 186.22. 		Criminal Law and Procedure 2DCA/6 Oct. 18, 2023
Granite Construction Co. v. CalOSHA
Division of Occupational Safety and Health's citations were reversed because there was no evidence that construction workers were exposed to harmful fungus Coccidioides. 		Administrative Agencies 3DCA Oct. 18, 2023
In re R.Q.
Order placing dependent minor with mere biological father was appropriate despite presumed father's objection where that placement was consistent with the best interest of the child. 		Dependency 4DCA/2 Oct. 18, 2023
People v. Coca
Noncitizen criminal defendant's conviction could not be vacated due to her inability to understand the adverse immigration consequences where she failed to establish the conviction could result in removal proceedings. 		Criminal Law and Procedure 4DCA/2 Oct. 18, 2023
People v. Saavedra
Petition for felony murder resentencing denied where factual basis for petitioner's guilty plea established his ineligibility. 		Criminal Law and Procedure 4DCA/3 Oct. 18, 2023
U.S. v. Draper
Voluntary manslaughter constituted a "crime of violence" under 18 United States Code Section 924(c) because it required at least an "extreme and necessarily oppositional" state of mind as one of its elements. 		Criminal Law and Procedure 9th Oct. 18, 2023
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 Oct. 18, 2023
Creech v. Tewalt
Idaho prisoner facing lethal injection did not have First Amendment right to access information about the drugs and procedures used for the execution because this information was not historically accessible. 		Constitutional Law 9th Oct. 17, 2023
Colvis v. Binswanger
Corporation with trust as majority shareholder may be an interested party in probate proceedings regarding the trust if it has a claim or right that may be affected. 		probate_and_trusts 1DCA/5 Oct. 17, 2023
Lake v. Fontes
Plaintiffs lacked Article III standing to bring claims regarding electronic voting tabulation systems, as they were no longer nominated candidates for state office and no longer sought relief related to the 2022 election. 		Civil Rights 9th Oct. 17, 2023
Idaho Conservation League v. Bonneville Power Administration
Because causation element for Article III standing is a low bar, environmental groups had standing to pursue case against power company's ratemaking decision. 		Civil Procedure 9th Oct. 17, 2023
People v. Simmons
Racial Justice Act did not violate California Constitution's requirement for case-specific inquiry to set aside a judgment since racially discriminatory language in a trial was itself a miscarriage of justice. 		Constitutional Law 2DCA/6 Oct. 16, 2023
Modification: People v. Burns
Penal Code Section 1172.6 resentencing request was properly denied when assertion of jury instructional error did not involve statutory changes to felony murder doctrine. 		Criminal Law and Procedure 4DCA/1 Oct. 16, 2023
People v. Pittman
Remand was necessary where criminal defendant's youth was not considered during resentencing hearing and impulsivity and peer pressure may have played a role in the underlying attack. 		Criminal Law and Procedure 1DCA/4 Oct. 16, 2023
Vargas v. Gallizzi
Where trial court had authenticated records at pretrial hearing, yet defendant still denied numerous requests for admission, plaintiff was entitled to attorneys fees and costs. 		Remedies 2DCA/7 Oct. 16, 2023
In re C.L.
Under the Indian Child Welfare Act (ICWA), the duty to inquire of extended family members regarding the child's ancestry applies when removal is made with or without warrant. 		Dependency 3DCA Oct. 16, 2023
Karnazes v. The Lauriedale Homeowners Assn.
Disbarred attorney who had maintained nine appeals was considered a vexatious litigant because she had at least five litigations in the past year adversely decided against her. 		Criminal Law and Procedure 1DCA/3 Oct. 13, 2023
Park v. NMSI, Inc.
Trial court did not err in granting right to attach orders to plaintiffs against defendant employer because substantial evidence supported the probable validity of plaintiffs' breach of contract claims. 		Contracts 2DCA/7 Oct. 13, 2023
Rodriguez Diaz v. Garland
Order 		9th Oct. 13, 2023
Stadel Art Museum v. Mulvihill
Trust's overall language did not mandate the immediate sale and distribution of trust assets but rather permitted trustee to exercise discretion. 		probate_and_trusts 1DCA/3 Oct. 13, 2023
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