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In re: Klamath Irrigation District v. USDC-ORM (U.S. Bureau of Reclamation; Oregon Water Resources Dept.)
Writ of mandate was not appropriate where district court correctly concluded that state court could not have prior exclusive jurisdiction over issues because it lacked jurisdiction over those issues. 		Civil Procedure 9th Jun. 6, 2023
People v. Braden
Pretrial diversion for defendants with qualifying mental disorders must be requested before attachment of jeopardy at trial or the entry of a guilty or no contest plea, whichever occurs first. 		Criminal Law and Procedure CASC Jun. 6, 2023
People v. Odell
Prosecutor's potentially ambiguous statements about a heat of passion defense were irrelevant because video evidence showed the allegedly provocating confrontation was relatively minor. 		Criminal Law and Procedure 2DCA/8 Jun. 6, 2023
Modification: Collins v. Waters
Congresswoman's anti-SLAPP motion was granted in error because plaintiff had made a preliminary evidentiary showing that he could prevail in his underlying defamation suit. 		Anti-SLAPP 2DCA/8 Jun. 6, 2023
Dupree v. CIT Bank
Trial court judge improperly determined it lacked jurisdiction to allow for curative amendment of mistakenly named plaintiff. 		Civil Procedure 1DCA/4 Jun. 5, 2023
Enigma Software Group USA LLC v. Malwarebytes, Inc.
Computer software company's false advertising lawsuit against its competitor was sustained because the competitor's statements made a specific claim about the software's characteristics. 		Commercial Law 9th Jun. 5, 2023
Eldridge v. Howard
Because D.C. Superior Court is not a "State court," for the purposes of 28 U.S.C. Section 2253(c)(1), petitioner did not need to obtain a certificate of appealability to appeal the district court's denial of his most recent habeas petition. 		Prisoners' Rights 9th Jun. 5, 2023
People v. Hodges
Order denying defendant-appellant's motion to vacate his sentence filed twenty years after entry of judgment was not appealable because the trial court could not grant the requested relief. 		Criminal Law and Procedure 2DCA/6 Jun. 5, 2023
Champlin/GEI Wind Holdings, LLC v. Avery
Sanctions were imposed on appellant and his attorney after they pursued a meritless appeal, where appellant's opposition to summary judgment was both untimely and lacking any supporting evidence. 		Attorneys 2DCA/6 Jun. 5, 2023
Modification: People v. Lepere
Where affidavit requesting suspect's trash in order to obtain DNA sample was sufficiently detailed, probable cause existed. 		Criminal Law and Procedure 4DCA/3 Jun. 5, 2023
Michael M. v. Robin J.
Domestic violence restraining order should have been renewed based on the protected party's genuine, reasonable fear of future abuse despite lack of evidence of recent abuse. 		Family Law 4DCA/1 Jun. 5, 2023
People v. Cody
Defendant was still guilty under the amended felony-murder rule because he was intimately involved in all stages of the burglary that resulted in the victim's death. 		Criminal Law and Procedure 4DCA/3 Jun. 2, 2023
CSHV 1999 Harrison, LLC v. County of Alameda
Limited liability company formed by a state public retirement system for real estate investments was not a political subdivision of the State of California exempt from documentary transfer taxes. 		Tax 1DCA/1 Jun. 2, 2023
U.S. ex rel. Schutte v. Supervalu Inc.
Whether pharmacies violated False Claims Act by overcharging Medicare and Medicaid required analyzing their subjective knowledge rather than questioning if it was objectively reasonable. 		Government USSC Jun. 2, 2023
Slack Technologies, LLC v. Pirani
An entity must own securities traceable to an allegedly misleading registration statement for a claim under Section 11 of the Securities and Exchange Act. 		Securities USSC Jun. 2, 2023
Glacier Northwest, Inc. v. Teamsters
The National Labor Relations Act did not preempt company's tort claims alleging that its employee union intentionally let concrete dry in the trucks during a labor dispute. 		Labor Law USSC Jun. 2, 2023
Hill v. City of Fountain Valley
Qualified immunity applied to officers' alleged warrantless in-home arrest where officers were responding to a potential kidnapping. 		Civil Rights 9th Jun. 2, 2023
Lee v. Fisher
Forum-selection clause inserted in Gap Inc.'s bylaws required shareholder's Security Exchange Act derivative suit against company to be pursued in Delaware. 		Securities 9th Jun. 2, 2023
Morales-Garcia v. Better Produce Inc.
Strawberry marketers not liable for farmworkers' wages as a client employer where they had no control over the farms nor was the harvesting part of the marketers' customary work. 		Employment Law 9th Jun. 2, 2023
Los Angeles Unified School Dist. v. Superior Court (Jane Doe)
Treble damages imposed on entities that cover-up sexual assault cases are punitive in nature and unavailable from public entities like the Los Angeles Unified School District. 		Remedies CASC Jun. 2, 2023
Modification: State of California ex rel. Edelweiss Fund v. JPMorgan Chase & Co.
California False Claims Act's particularity requirement was met when complaint detailed financial institutions' "robo-setting" scheme to allegedly defraud investors. 		Banking 1DCA/4 Jun. 1, 2023
Duran v. EmployBridge Holding Co.
Employer's motion to compel arbitration as to former employee's claim to recover Private Attorneys General Act civil penalties was properly denied where agreement unambiguously excluded PAGA claims. 		Arbitration 5DCA Jun. 1, 2023
Garcia v. Superior Court (Bianco)
Peremptory challenge to judge's assignment was properly denied as untimely because habeas proceeding was a continuation of the earlier criminal action. 		Criminal Law and Procedure 4DCA/2 Jun. 1, 2023
U.S. v. Castillo
District court improperly relied on the commentary of an unambiguous sentencing guideline and thus increased defendant's sentencing range by erroneously classifying his conspiracy conviction as a "controlled substance offense." 		Criminal Law and Procedure 9th Jun. 1, 2023
Estate of Strickland v. Nevada County
Lethal force used by officers against person armed with replica gun was justified where they reasonably believed the gun was real and presented an immediate threat when pointed at them. 		Civil Rights 9th Jun. 1, 2023
Dickey v. Davis
Federal habeas petitioner granted relief from death penalty because prosecutor's conduct in deliberately eliciting and then failing to correct key witness' false testimony was a *Napue* violation. 		Criminal Law and Procedure 9th Jun. 1, 2023
Rab v. Weber
County did not violate Elections Code by machine reading ballots before the election because scanning the ballots was not tantamount to accessing or releasing the vote count. 		Government 3DCA May 31, 2023
Nationwide Insurance Company of America v. Tipton
Insurance fraudsters' criminal restitution orders were properly converted into civil judgments by trial court pursuant to Penal Code Section 1214(b). 		Criminal Law and Procedure 3DCA May 31, 2023
Estate of Berger
When the document's terms unambiguously support testamentary intent, probate courts may consider extrinsic evidence to evaluate testator's intent. 		probate_and_trusts 2DCA/2 May 31, 2023
Kern County Hospital Authority v. Dept. of Corrections and Rehabilitation
California Department of Corrections and Rehabilitation had a ministerial duty to obtain a mutual agreement with the hospital authority before transporting recently paroled inmates to hospital's emergency department. 		Administrative Agencies 5DCA May 31, 2023
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