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York v. U.S.
Former chief financial officer was liable for claim based on tax penalty for unpaid payroll taxes where he had authority to pay taxes and recklessly disregarded whether they were paid. 		Tax 9th Aug. 14, 2023
Global Master Int'l Group, Inc. v. Esmond Natural Inc.
Chinese company had racketeering domestic injury standing because the injury arose in the U.S., even though U.S. company's supplements were sold in China. 		Torts 9th Aug. 14, 2023
Dorsey v. U.S.
A conviction for witness tampering by attempting to kill necessarily entails an element of using physical force and thus constitutes a "crime of violence". 		Criminal Law and Procedure 9th Aug. 14, 2023
Marriage of Cole
Trial court did not abuse its discretion in concluding that defendant's reported salary income was not determinative of his ability to pay child support in light of his assets and earning capacity. 		Family Law 1DCA/3 Aug. 14, 2023
Metabyte v. Technicolor S.A.
Equitable tolling doctrine may apply where technology company first attempted several legal remedies in France thereby missing the statute of limitations for similar causes of action in California. 		Civil Procedure 2DCA/8 Aug. 11, 2023
USA Sales, Inc. v. Office of the United States Trustee
Refund of excess fees was the appropriate remedy where Chapter 11 bankruptcy debtor paid quarterly fees to the United States Trustee that were later declared to be unconstitutional. 		Bankruptcy 9th Aug. 11, 2023
Infinity Select Insurance Co. v. Superior Court (Cal Leduc)
Because motor carriers, not insurers, bear responsibility for meeting statutory insurance coverage, trial court's raising of the insurer's actual policy limit to meet the requirement was improper. 		Insurance 5DCA Aug. 10, 2023
McCann v. City of San Diego
City satisfied writ of mandate by rescinding the resolutions that approved construction project that allegedly violated the California Environmental Quality Act. 		Environmental Law 4DCA/1 Aug. 10, 2023
U.S. v. Alahmedalabdaloklah
Statute criminalizing destruction of U.S. government property overcame presumption against extraterritoriality because it criminalized conduct directly harming the government and had foreseeable extraterritorial applications at the time it was passed. 		Criminal Law and Procedure 9th Aug. 10, 2023
Moran v. Prime Healthcare Management, Inc.
Trial court properly struck emergency room patient's claim that hospital's failure to post or notify of a fee connected with emergency services was unfair and deceptive where the hospital complied with statutory fee notice requirements. 		Health Care 4DCA/3 Aug. 9, 2023
People v. Vance
When an appellate opinion is admitted at an evidentiary hearing under Section 1172.6 without objection, it is substantial evidence that the trial court can consider. 		Criminal Law and Procedure 4DCA/2 Aug. 9, 2023
Fonseca-Fonseca v. Garland
Denial of motion to reopen based on the petitioner's failure to establish prima facie eligibility for cancellation of removal required remand where the wrong standard of proof was applied. 		Immigration 9th Aug. 9, 2023
Trim v. Reward Zone USA LLC
Because text messages sent to consumer's cellular telephone were not "voice" messages, the texts did not violate the Telephone Consumer Protection Act. 		Consumer Law 9th Aug. 9, 2023
Hendrix v. J-M Manufacturing Co., Inc.
To receive damages, False Claims Act plaintiffs must present evidence to establish the difference in value between the goods as actually provided and as promised. 		Torts 9th Aug. 9, 2023
Lacy v. City and County of San Francisco
City of San Francisco had constitutional authority to expand electorate for school board elections to include resident noncitizen parents or guardians of school-age children. 		Municipal Law 1DCA/5 Aug. 9, 2023
Valenti v. City of San Diego
Nonprevailing plaintiff's request for Public Records Act attorney fees was properly denied because he failed to establish required causal connection between his lawsuit and obtaining the records. 		Public Records Act 4DCA/1 Aug. 9, 2023
U.S. v. Dadyan
The court remanded to amend judgment to reflect that defendant's restitution obligation was joint and several with his co-conspirators because the judgment did not reflect the district court's findings that supported such liability. 		Criminal Law and Procedure 9th Aug. 8, 2023
U.S. v. Ayvazyan
Opinion 		9th Aug. 7, 2023
Polanco v. Diaz
Qualified immunity was properly denied where plaintiffs alleged the state-created danger posed by the transfer of inmates exposed to COVID-19 into a general prison population. 		Civil Rights 9th Aug. 8, 2023
Teter v. Lopez
Because butterfly knives are "arms" covered by the Second Amendment, and Hawaii's outright ban was inconsistent with historical tradition, it was unconstitutional. 		Constitutional Law 9th Aug. 8, 2023
Huntsman v. Corporation of the President
Because it was secular in nature, former church member's fraud claim as to church's use of tithe funds was not barred by First Amendment's ecclesiastical abstention doctrine. 		Constitutional Law 9th Aug. 8, 2023
U.S. v. Ayvazyan
District court did not err when it ordered defendant to pay restitution under the Mandatory Victims Restitution Act that exceeded the amount of loss it calculated when applying sentencing guidelines. 		Criminal Law and Procedure 9th Aug. 8, 2023
Williamson v. Genentech, Inc.
Insured plaintiff lacked standing to sue a drug manufacturer under the unfair competition law because he would have paid the same deductible regardless and he could not "borrow" the injury from his insurer. 		Business Law 1DCA/5 Aug. 15, 2023
Traiman v. Alameda Unified School Dist.
School district's qualified special tax was acceptable given that it was uniformly applied to all parcels regardless of the possible effect of different tax rates for larger parcels. 		Tax 1DCA/5 Aug. 7, 2023
In re A.B.
Welfare and Institutions Code Section 781 does not bar supplemental or amended petitions to seal juvenile records. 		Juveniles 1DCA/5 Aug. 7, 2023
In re J.P.
Welfare and Institutions Code Section 782(a)(1) allows the juvenile court to dismiss any part of a petition against a ward and does not require dismissal of the entire petition. 		Juveniles 4DCA/2 Aug. 7, 2023
Hittle v. City of Stockton
Summary judgment was affirmed when overwhelming evidence showed that there was no discriminatory animus in City's statements and actions regarding employee's religion. 		Employment Discrimination 9th Aug. 7, 2023
Bugielski v. AT&T Services, Inc.
Summary judgment was not appropriate where contract amendment between retirement plan administrator and recordkeeper satisfied the definition of a prohibited transaction under ERISA. 		Employment Law 9th Aug. 7, 2023
People v. Vaesau
A district attorney's felony resentencing request under Penal Code Section 1172.1 may be withdrawn if withdrawal is supported by a legitimate reason. 		Criminal Law and Procedure 1DCA/1 Aug. 7, 2023
Tekoh v. County of Los Angeles
Excluding expert testimony on coerced confessions was error where false confessions were beyond the common knowledge of the average layperson, and it would have helped jurors better evaluate credibility. 		Evidence 9th Aug. 7, 2023
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