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Family Health Centers of San Diego v. State Dept. of Health Care Services
Outreach activities are not categorically nonreimbursable under the Public Health Service Act
Health Care CASC Jul. 25, 2023
Allied Premier Ins. v. United Financial Casualty Co.
An uncancelled certificate of insurance that remains on file with the DMV does not cause the corresponding insurance policy to remain in effect in perpetuity.
Insurance CASC Jul. 25, 2023
People v. Pickett
Court did not err in denying felony murder resentencing petition that alleged no facts denying that defendant was actually the killer.
Criminal Law and Procedure 2DCA/1 Jul. 25, 2023
Barber Group, Inc. v. New Motor Vehicle Bd.
Car dealer protesting establishment of new dealership held and failed to satisfy burden of proof even though agency's decision considered the manufacturer's performance standards without first determining their reasonableness.
Administrative Agencies 3DCA Jul. 25, 2023
Rojas v. HSBC Card Services Inc.
Cardholder received notice that her confidential calls to her daughter at the HSBC call center were being recorded since her cardmember agreement and monthly payment calls disclosed HSBC recorded calls.
Torts 4DCA/1 Jul. 24, 2023
Kohn v. State Bar of California
Order
9th Jul. 24, 2023
Edmond Carmona, et al. v. Domino's Pizza, LLC
*Rittman v. Amazon.com, Inc.* was not disturbed by the Supreme Court's holding in *Southwest Airlines Co. v. Saxon*, so last-leg drivers delivery drivers were exempt from the Federal Arbitration Act.
Arbitration 9th Jul. 24, 2023
Holley-Gallegly v. TA Operating, LLC
A jury waiver provision in the event an arbitration agreement is unconscionable has no bearing on whether the delegation of the enforceability of the agreement to the arbitrator would be unconscionable.
Arbitration 9th Jul. 24, 2023
Nora Phillips v. U. S. Customs and Border Protection
Plaintiffs, seeking to expunge records gathered due to migrant caravan association, lacked standing because they failed to establish that the government's retention of records constituted a concrete harm.
Constitutional Law 9th Jul. 24, 2023
Lafayette Bollinger Development v. Town of Moraga
Although city's vague land-use designation violated Government Code Section 65302, trial court's issuance of writ requiring city's compliance with statute's requirements was sufficient.
Municipal Law 1DCA/1 Jul. 21, 2023
U.S. Wholesale Outlet & Distribution V. Innovation Ventures, LLC
District court made several legal and factual errors regarding whether companies were competitors in antitrust action.
Antitrust 9th Jul. 20, 2023
Camacho et al. v. JLG Industries Inc.
Directed verdict for defendant was erroneous because plaintiff made a prima facie showing that an alleged design defect was a substantial factor in his injury.
Torts 4DCA/3 Jul. 20, 2023
Goldstein et al. v. Superior Court (San Diego Guns, LLC)
The statutory exemption allowing under 21-year-olds to purchase rifles with a valid hunting license does not apply until the license period begins.
Commercial Law 4DCA/1 Jul. 21, 2023
Esplanade Productions v. The Walt Disney Co.
Screenwriter's claim that Disney stole the name Zootopia for its animated movie without compensation was dismissed because there was no evidence that Zootopia's creators ever saw plaintiff's submission materials.
Contracts 2DCA/7 Jul. 21, 2023
People v. Session
Police officer's informal knowledge that defendant was on parole was sufficient to legally place a tracker on defendant's car.
Criminal Law and Procedure 4DCA/3 Jul. 21, 2023
In re M.D.
Assuming dependency jurisdiction was appropriate where evidence showed jurisdiction was based on conditions that posed a risk of harm to the child and not solely the father's indigence.
Dependency 4DCA/1 Jul. 21, 2023
People v. Carney
The Court did not articulate a new theory of first degree murder proximate causation when it used the phrase "substantial concurrent cause" in *People v. Sanchez*.
Criminal Law and Procedure CASC Jul. 21, 2023
Modification: Swan v. Hatchett
Denial of request for modification of child support was reversed because the factual findings regarding evidence credibility in the statement of decision were not supported by substantial evidence.
Family Law 1DCA/4 Jul. 20, 2023
People. v. Antonelli
Because provocative act murder requires a finding of malice, a defendant convicted of provocative act murder is ineligible for resentencing based on changes to the felony murder doctrine.
Criminal Law and Procedure 2DCA/6 Jul. 20, 2023
Progressive Democrats, et al. v. Rob Bonta
Statute prohibiting local government employees from soliciting political donations but not state government employees was unconstitutional because it was not appropriately tailored to achieve the State's asserted interests.
Constitutional Law 9th Jul. 20, 2023
People v. Sloan
Allowing testimony from expert retained by the district attorney during trial under the Sexually Violent Predators Act was error because only the defendant may retain testifying experts under the Act.
Criminal Law and Procedure 3DCA Jul. 19, 2023
Santopietro v. Howell
Order
9th Jul. 19, 2023
Murguia v. Langdon
Order
9th Jul. 19, 2023
USA v. Yi-Chi Shih
Defendant's exported monolithic microwave integrated circuits were subject to the Export Administration Regulations because to hold otherwise would contravene the Regulations' stated purpose.
International Law 9th Jul. 19, 2023
Modification: Divine Food and Catering v. Western Diocese of the Armenian
Plaintiff's malicious prosecution action had minimal merit since court's statements regarding defendants' purported oral lease were not a judgment or verdict sufficient to trigger the interim adverse judgment rule.
Anti-SLAPP 2DCA/1 Jul. 19, 2023
People v. Marquez
*People v. Arbuckle* does not require the same judge who accepted defendant's guilty plea and sentenced her to prison also determine amount of victim restitution to be awarded.
Criminal Law and Procedure 4DCA/1 Jul. 19, 2023
Zirpel v. Alki David Productions Inc.
Trial court did not commit legal error in finding that requiring employee's continued work in building that was unpermitted for event use was an activity that violated regulations.
Employment Law 2DCA/4 Jul. 18, 2023
Malinowski v. Martin
Code of Civil Procedure Section 533 did not provide exclusive means by which trial court in a Domestic Violence Protection Act action could modify a domestic violence temporary restraining order.
Family Law 1DCA/3 Jul. 18, 2023
P. v. Gyorgy
Police officer unreasonably prolonged a traffic stop by spending almost none of the 12-minute stop investigating the traffic infraction.
Criminal Law and Procedure 4DCA/3 Jul. 18, 2023
Wendz v. Department of Education
New regulations from the Superintendent of Public Instruction regarding the Migrant Education Program Act, pertaining to membership restrictions were severed due to improper public notice.
Education 1DCA/1 Jul. 18, 2023