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Marriage of Willis v. Costa-Willis
The trial court erred in applying sua sponte the presumption against child custody to a party with a domestic violence restraining order to modify custody after issuing a restraining order. 		Family Law 4DCA/3 Jul. 18, 2023
California Medical Assn. v. Aetna Health of California, Inc.
Diversion of salaried staff to project undertaken in response to allegedly unfair business practice is an economic injury sufficient to establish standing under the Unfair Competition Law. 		Business Law CASC Jul. 18, 2023
Alexis Hunley, et al. v. Instagram, LLC
Third-party news sites could embed photographers' copyrighted Instagram photos because the embedded images were not "displayed" under *Perfect 10*'s Server Test. 		Copyright 9th Jul. 18, 2023
Adolph v. Uber Technologies Inc.
Private Attorneys General Act plaintiffs do not lose standing to litigate non-individual claims in court when plaintiffs' individual claims are subject to arbitration. 		Employment Law CASC Jul. 18, 2023
Enterprise Management Limited, Inc. et al v. Construx Software Builders, Inc. et al
By registering a derivative work, an author registers all of the material included in the derivative work, including that which previously appeared in an unregistered, original work created by the author. 		Copyright 9th Jul. 18, 2023
Modification: People v. Falcon
Resentencing required pursuant to *People v. Gutierrez* where record was unclear as to whether the trial court would have imposed the upper term sentence given SB 567's new requirements. 		Criminal Law and Procedure 5DCA Jul. 17, 2023
Munoz v. U.S. Department of State
Order 		9th Jul. 17, 2023
People v. Kimble
Trial court did not err in refusing to resentence appellant-defendant as a second strike offender under the Reform Act as part of his resentencing pursuant to Section 1172.75. 		Criminal Law and Procedure 3DCA Jul. 17, 2023
Osure Brown v. Transworld Systems, Inc. et al
To plausibly allege that a litigation act violates the Fair Debt Collection Practices Act, the debtor must aver facts showing that the collector's act is a new violation. 		Consumer Law 9th Jul. 17, 2023
Modification: South Lake Tahoe Property Owners Group v. City of South Lake Tahoe
South Lake Tahoe vacation home renters did not have a vested constitutional property right from reliance on vacation home rental permits because the rental permits only granted a revocable license. 		Real Property 3DCA Jul. 14, 2023
Amended Opinion: Jones v. Google LLC
Express preemption did not apply to children's claims because Congress intended to preempt inconsistent state laws, not state laws that are consistent with the Children's Online Privacy Protection Act's substantive requirements. 		Constitutional Law 9th Jul. 14, 2023
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. 14, 2023
Quishenberry v. UnitedHealthcare, Inc.
Claims based on common law and state-law duties duplicative of standards established under Part C of the Medicare Act were preempted by Part C's sweeping preemption provision. 		Health Care CASC Jul. 14, 2023
Grace v. The Walt Disney Company
Disney benefited from a "City Subsidy" under Anaheim's Living Wage Ordinance since it received a rebate of a portion of the incremental tax revenues collected by the city. 		Tax 4DCA/3 Jul. 14, 2023
Rosenberg-Wohl v. State Farm Fire and Casualty Co.
Plaintiff's Unfair Competition Law claim was time barred by the one-year limitation provision in her homeowner insurance policy because the gravamen of her claim arose out of the parties' contractual relationship. 		Insurance 1DCA/2 Jul. 13, 2023
Hymas v. U.S. Dept. of Interior
District court's imposition of partial filing fee on pro se plaintiff proceeding in forma pauperis totaling 10 percent of his cash was not an abuse of discretion. 		Civil Procedure 9th Jul. 13, 2023
Moe v. GEICO Indemnity Co.
Evidentiary inquiry was needed to determine whether the Class Action Fairness Act's amount-in-controversy requirement was satisfied such that the district court had subject matter jurisdiction over putative class action. 		Civil Procedure 9th Jul. 13, 2023
Rancheria v. Martin
State court did not lack subject matter jurisdiction to hear tribe's dispute against defendants regarding land the tribe owns in fee simple, not held in trust by the federal government. 		Native American Affairs 3DCA Jul. 13, 2023
City of Hesperia v. Lake Arrowhead Community Services Dist.
Plaintiff city's writ request to stop solar project was barred by the doctrine of laches as its unreasonable delay in raising the project's eligibility issue unduly prejudiced defendant. 		Municipal Law 4DCA/1 Jul. 13, 2023
Corrales v. California Gambling Control Commission
Court lacked jurisdiction to determine whether a party represented a California tribe when entering into a fee agreement because Bureau of Indian Affairs could not confer ostensible authority. 		Native American Affairs 4DCA/1 Jul. 12, 2023
People v. Superior Court (Tapia)
Unavailability of judges and courtrooms, though related to COVID, did not justify extending Penal Code Section 1382 deadline when actual cause was due to chronic backlog predating COVID. 		Criminal Law and Procedure 4DCA/2 Jul. 12, 2023
Thai v. International Business Machines Corp.
Employer was statutorily obligated to reimburse work-from-home expenses incurred by its employees as a direct result of their job duties even though the employer did not directly cause the expenses. 		Employment Law 1DCA/5 Jul. 12, 2023
Love v. Villacana
If a federal action is dismissed for lack of Article III standing and a plaintiff opts to refile in state court (rather than appeal the dismissal), a defendant waives any jurisdictional issue preclusion argument upon voluntary removal of the lawsuit back to federal court. 		Civil Procedure 9th Jul. 12, 2023
Patel v. City of Los Angeles
Defendants' argument, that they were deprived of notice before Los Angeles City seized their personal and business bank funds to satisfy a judgment, failed because there was minimal risk of erroneous deprivation. 		Civil Procedure 9th Jul. 12, 2023
Longobardo v. Avco Corporation
Although an order denying motion for summary judgment was dispositive of the parties' rights regarding statute of repose, it was not appealable because it did not require payment or performance. 		Civil Procedure 4DCA/3 Jul. 12, 2023
People v. Arnold
Trial court's conclusion that defendant stabbed the victim improperly contradicted jury's prior finding regarding knife-related sentencing enhancement. 		Criminal Law and Procedure 2DCA/2 Jul. 12, 2023
Lotus Vaping Technologies, LLC v. U.S. Food & Drug Administration
Tobacco Control ACT (TCA) authorizes the FDA to require manufactures to submit comparative health risk data. 		Administrative Agencies 9th Jul. 10, 2023
Olen Properties Corp. v. City of Newport Beach
Residential housing project approved by the City of Newport Beach was consistent with existing public land use policies and did not require a new environmental impact report. 		Environmental Law 4DCA/3 Jul. 11, 2023
County of Santa Clara v. Superior Court (Doctors Medical Center of Modesto, Inc.)
Government Claims Act did not immunize Santa Clara County from reimbursing hospitals who provided emergency services to patients enrolled in the County's health plan. 		Health Care CASC Jul. 11, 2023
People v. Madrigal
Court's failure to instruct on amended felony murder rule was not harmless because a juror could have reasonable doubts that defendant was a major participant in the murder. 		Criminal Law and Procedure 6DCA Jul. 10, 2023
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