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Doe v. CFR Enterprises, Inc.
Assembly Bill 2777's extended statute of limitations applies to *any* civil action for recovery of damages suffered as a result of sexual assault. 		Torts 1DCA/2 Jul. 31, 2023
Castleman v. Burman
Post-petition increase in Chapter 13 bankruptcy debtors' home's value became the property of the bankruptcy estate upon the conversion of their case to Chapter 7. 		Bankruptcy 9th Jul. 31, 2023
Modification: People v. Wadleigh
Officer's description of sexually suggestive images in search warrant application established probable cause that defendant possessed child pornography despite not including the images with the application. 		Criminal Law and Procedure 1DCA/4 Jul. 31, 2023
People v. Valle
Victim restitution laws did not allow for victim to keep her phone that was left behind when she escaped a physical altercation, but later was returned, and also be awarded the cost of the phone. 		Remedies 3DCA Jul. 31, 2023
Dollase v. Wanu Water Inc.
Despite not including a responsive pleading, motion to vacate default judgment was in the proper form where the defendant demonstrated it attempted to file motion to quash service. 		Civil Procedure 2DCA/8 Jul. 31, 2023
Carpenter v. Superior Court (People)
Amendments to California's Reproductive Privacy Act did not immunize defendant from criminal prosecution for omissions and acts following home birth that resulted in baby's death. 		Criminal Law and Procedure 4DCA/1 Jul. 31, 2023
640 Octavia v. Pieper
Tenants' evidence of prior negative interactions with San Francisco landlord were irrelevant to unlawful detainer action and landlord's bona fide intent to remove the property from the rental market. 		Real Property 1DCA/2 Jul. 28, 2023
Vinson v. Kinsey
When assessing domestic violence restraining order requests, determining "threatening" behavior requires trial courts to consider the totality of circumstances, not just narrowly focusing on victim's behavior. 		Family Law 1DCA/2 Jul. 28, 2023
Kirkland v. USBC, Los Angeles
Mandamus relief warranted where the rule governing subpoena power had not changed and did not except remote appearances from geographical limitations on power to compel witnesses to testify at trial. 		Civil Procedure 9th Jul. 28, 2023
Duenas v. Garland
The appointment and removal processes for Immigration Judges and BIA members comport with Article II of the Constitution, because they are inferior officers, rather than principal officers. 		Immigration 9th Jul. 28, 2023
Doe v. Superior Court (Mountain View School District)
Though evidence of another molestation incident involving plaintiff sexual abuse victim may be admissible, it still requires a hearing to be reviewed and scrutinized for undue prejudice. 		Evidence CASC Jul. 28, 2023
Park v. Nazari
The court affirmed the dismissal of defendants' anti-SLAPP motion to strike the entire complaint because defendants did not identify which specific claims for relief arose from protected activity. 		Anti-SLAPP 2DCA/5 Jul. 27, 2023
People v. Leal
Searching vehicle's trunk was unreasonable where it did not have independent probable cause even though it was preceded by a fruitless search of passenger compartment that was supported by probable cause. 		Criminal Law and Procedure 3DCA Jul. 27, 2023
United Neighborhoods for Los Angeles v. City of Los Angeles
California Environmental Quality Act's in-fill exemption's requirement that project be consistent with all applicable general policies was not met when project did not address preservation of housing. 		Environmental Law 2DCA/5 Jul. 27, 2023
Leeds v. Russell
Ineffective assistance of both trial counsel and post-conviction counsel entitled defendant to both excuse of procedural default and habeas relief. 		Criminal Law and Procedure 9th Jul. 27, 2023
Jones v. L.A. Central Plaza, LLC
District court improperly applied *Ashcroft v. Iqbal* to determine standing issue rather than ruling on that issue based on motions for summary judgment. 		Civil Procedure 9th Jul. 27, 2023
Fernandez v. 23676-23726 Malibu Road, LLC
When an Americans with Disabilities Act case is dismissed because plaintiff lacks standing, the court lacks jurisdiction to award attorneys' fees to defendant because the fee-shifting provision contains no independent grant of jurisdiction. 		Disability Discrimination 9th Jul. 27, 2023
L & S Framing Inc. v. California Occupational Safety & Health Appeals Bd.
An opening in a second floor railing that a construction worker fell through fit the California Code of Regulations definition for "floor opening." 		Administrative Agencies 3DCA Jul. 26, 2023
Woodworth v. Loma Linda University Medical Center
In agreement with *Camp v. Home Depot*, an employer cannot apply a rounding policy if it has captured the exact amount of time an employee has worked. 		Employment Law 4DCA/2 Jul. 26, 2023
Crowe v. Wormuth
Merit Systems Protection Board's jurisdiction over an adverse employment action does not confer pendent jurisdiction over factually related claims that, on their own, would not be appealable to the MSPB. 		Employment Law 9th Jul. 26, 2023
People v. Lopez
Because first appellate remand was limited to resentencing, trial court did not have jurisdiction to reconsider gang enhancements despite appellant being entitled to ameliorative benefits of new legislative changes. 		Criminal Law and Procedure 4DCA/2 Jul. 26, 2023
Kuciemba v. Victory Woodworks Inc.
Wife's negligence claim was dismissed since California Supreme Court's found an employer does not owe a duty of care to prevent the spread of COVID-19 to an employees' household members. 		Torts 9th Jul. 26, 2023
People v. G.A.
Due process does not require proof of a recent over act to establish dangerousness to self or others to support continued civil commitment under Welfare and Institutions Code Section 6500. 		Civil Rights 1DCA/3 Jul. 26, 2023
Yoshikawa v. Seguirant
Because there is no implied cause of action for 42 U.S.C. Section 1981 civil rights' claims, appellant's Section 1981 claim must brought as Section 1983 claim. 		Civil Rights 9th Jul. 26, 2023
Coalition on Homelessness v. City and County of San Francisco
San Francisco's policy of towing lawfully parked vehicles with unpaid parking tickets did not fall under the Fourth Amendment's vehicular community caretaking exception because it did not serve an immediate public need. 		Constitutional Law 1DCA/5 Jul. 25, 2023
Marriage of DeWolfe
Temporary judge had no jurisdiction to restore a request for order that had been withdrawn, as the withdrawal ended her appointment. 		Judges 2DCA/5 Jul. 25, 2023
Estrada v. Superior Court (People)
A Penal Code Section 1172.6 resentencing hearing was not a "new trial" that could lead to disqualification of an assigned judge under Penal Code Section 170.6(a)(2). 		Criminal Law and Procedure 2DCA/4 Jul. 25, 2023
In re Delila D.
Social worker had a duty to inquire as to a child's possible Native American ancestry regardless of how the child was removed--with or without a warrant. 		Dependency 4DCA/2 Jul. 25, 2023
Perez v. Discover Bank
Judicial estoppel prevented bank from arguing opposing party could not opt out of arbitrating her accrued discrimination claims where it previously represented to trial court she could. 		Arbitration 9th Jul. 25, 2023
Y.Y.G.M. SA v. Redbubble Inc.
Contributory trademark infringement liability requires the defendant to have knowledge of specific infringers or instances of infringement, as opposed to merely a general awareness that infringement is likely occurring. 		Intellectual Property 9th Jul. 25, 2023
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