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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
People v. Del Rio
Resentencing based on redesignating the defendant's vacated murder conviction as a robbery without reasonable advance notice and opportunity to be heard violated his due process rights. 		Criminal Law and Procedure 4DCA/1 Aug. 4, 2023
Last v. Superior Court (Last)
Premarital agreements that waive spousal support are presumed to be involuntarily executed absent an evidentiary showing and are not per se enforceable. 		Family Law 4DCA/3 Aug. 4, 2023
Silbersher v. Valeant Pharmaceuticals Int'l
In a False Claims Act case, the "substantially the same" prong of the public disclosure bar was not triggered because none of the individual public disclosures directly claimed or furnished a reasonable inference of the fraud allegations. 		Government 9th Aug. 4, 2023
Boshears v. PeopleConnect, Inc.
Federal Arbitration Act did not grant jurisdiction over interlocutory appeal from order denying dismissal merely because it appeared in the same document as an order denying motion to compel arbitration. 		Arbitration 9th Aug. 4, 2023
Brown v. Atchley
Prisoner seeking fourth federal habeas petition did not run afoul of restriction against successive applications because his present claims were not ripe during previous petitions. 		Criminal Law and Procedure 9th Aug. 4, 2023
Ernest Bock, LLC v. Steelman
District court's order staying case was improper because there was substantial doubt as to whether parallel state proceedings would resolve the federal action. 		Civil Procedure 9th Aug. 4, 2023
Chevron U.S.A., Inc. v. County of Monterey
Because Monterey County's Measure Z, which attempted to ban certain environmentally-unfriendly methods of gas and oil extraction, directly conflicted with state laws, it was preempted. 		Municipal Law CASC Aug. 4, 2023
Turner v. Victoria
A nonprofit public benefit corporation director who brings a lawsuit under Corporations Code Sections 5142, 5233, or 5223 does not lose standing if they subsequently lose their director position. 		Corporations CASC Aug. 4, 2023
Fischl v. Pacific Life Insurance Co.
Release of claims resulting from broker's acts barred any liability for insurance company based on allegedly negligent suitability analysis conducted by the broker and relied upon by the insurer. 		Insurance 2DCA/2 Aug. 4, 2023
Earley v. Workers' Compensation Appeals Bd.
The Workers' Compensation Appeals Board's long-standing practice of granting petitions for reconsideration solely for further study violated the clear statutory requirement to state the reasons for granting in detail. 		Employment Law 2DCA/8 Aug. 3, 2023
Modification: 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 Aug. 3, 2023
HNHPC v. Dept. of Cannabis Control
The existence of Department of Cannabis Control contracts to design a track-and-trace system did not indisputably establish that the department had actually performed its duty to establish a proper track-and-trace system. 		Administrative Agencies 4DCA/3 Aug. 3, 2023
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