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U.S. v. Walker
Speedy trial right not violated by lengthy delays due to COVID-19 pandemic where the district court found holding trial safely was exceedingly difficult and delay served the ends of justice. 		Criminal Law and Procedure 9th May 31, 2023
U.S. v. Boam
District court did not err in determining that a reasonable jury could find that defendant's videos of his minor stepdaughter met the requirement of "sexually explicit conduct." 		Criminal Law and Procedure 9th May 31, 2023
Martinez v. Clark
Order 		9th May 31, 2023
Jason Scott Collection Inc. v. Trendily Furniture LLC
High-end furniture designer's furniture collection trade dress had acquired secondary meaning where defendant manufacturers had intentionally copied the collection's distinctive designs. 		Intellectual Property 9th May 31, 2023
In re Van Houten
Board of Parole's decision granting parole was reinstated where governor's reasoning for reversal of the decision was not supported by any evidence in the record. 		Criminal Law and Procedure 2DCA/1 May 31, 2023
San Bernardino County Board of Supervisors v. Monell
Voter initiative limiting San Bernardino County supervisors to a single four-year term was constitutional. 		Constitutional Law 4DCA/2 May 30, 2023
Barajas v. Sativa L.A. County Water Dist.
The Sativa Water District was not a proper party capable of being sued after it was dissolved by the State Water Resources Control Board for failure to provide proper services. 		Administrative Agencies 2DCA/2 May 30, 2023
McKneely v. Superior Court (People)
Penal Code statute requiring report from a health profession to overturn a certification of mental competence to stand trial did not impair the court's core functions. 		Criminal Law and Procedure 1DCA/2 May 30, 2023
Jack v. Ring LLC
Arbitration provision was unenforceable where clause contained ambiguous language regarding arbitrability as well as language prohibiting public injunctive relief. 		Arbitration 1DCA/2 May 30, 2023
Center for Biological Diversity v. Bureau of Land Management
Because district court's ruling of remand-with-vacatur would not provide further relief for communities seeking to intervene in water pipeline case, the communities' request to intervene was moot. 		Administrative Agencies 9th May 30, 2023
People v. Scott
Because defendant's prior conviction was a "strike" on the date of the conviction, subsequent legislative amendments to the definition of gang activity did not alter its "strike" status. 		Criminal Law and Procedure 4DCA/2 May 26, 2023
Dupree v. Younger
Post-trial motion was not required to preserve correctional officer's purely legal exhaustion defense at summary judgment for appellate review. 		Civil Procedure USSC May 26, 2023
Sackett v. Environmental Protection Agency
Environmental Protection Agency's attempt to assert jurisdiction over private property's wetlands through the Clean Water Act failed because it required clearer congressional language to do so. 		Environmental Law USSC May 26, 2023
Tyler v. Hennepin County
Plaintiff plausibly alleged that a Minnesota county's retention of the excess value of her home above her tax debt violated the Takings Clause. 		Constitutional Law USSC May 26, 2023
Victor Valley Union High School Dist. v. Superior Court (John Doe)
The safe-harbor provision for the spoliation of electronic evidence does not shield a party from sanctions if the evidence was altered or destroyed when the party was under a duty to preserve the evidence. 		Civil Procedure 4DCA/2 May 26, 2023
People v. Cooper
Jury instruction that did not include new requirements for proving "a pattern of gang activity" was not a harmless error because the instruction given directly contradicted the new requirements. 		Criminal Law and Procedure CASC May 26, 2023
People v. Catarino
Because Penal Code Section 667.6(d) falls within the rationale of *Oregon v. Ice*, trial court's imposition of separate, consecutive sentences did not violate Sixth Amendment. 		Criminal Law and Procedure CASC May 26, 2023
RAR2 Villa Marina Center CA SPE, Inc. v. County of Los Angeles
Neither laches nor the statutory scheme barred County Assessor from responding to owners' request for lower valuation with a recommendation that the property be assessed at an even higher value. 		Tax 2DCA/7 May 25, 2023
In re Jonathan C.M.
Nonminor dependent's best interests must be considered before terminating the juvenile court's continuing jurisdiction despite the nonminor dependent's lack of participation in a transitional independent living case plan. 		Dependency 1DCA/2 May 25, 2023
Campana v. East Bay Municipal Utility District
Statute of limitations on plaintiffs' complaint invalidating water fees began when the fee structure was adopted, not when the fees were imposed, since the complaint was intended to invalidate the resolutions. 		Administrative Agencies 1DCA/4 May 25, 2023
Kelsey v. Garrett
Criminal defendant was entitled to relief for ineffective assistance of counsel where his attorney waived closing argument at trial based on unreasonable and unsupported strategic assessment. 		Criminal Law and Procedure 9th May 25, 2023
McGee v. State Dept. of Health Care Services
Trial court's evaluation of disbursements from a special needs trust was based on an erroneously narrow interpretation of the term "special needs" and therefore constituted an abuse of discretion. 		probate_and_trusts 3DCA May 25, 2023
Perry v. Kia Motors America, Inc.
Appellant's counsel forfeited issue by misrepresenting the trial court's findings to the Court of Appeal and omitting from the submitted record comments that expressly contradicted the misrepresentation. 		Attorneys 4DCA/3 May 25, 2023
Kourounian v. California Dept. of Tax & Fee Administration
Discrimination allegations from employee's Equal Employment Opportunity complaint should have been excluded because only actions taken by his employer after the complaint were relevant to his retaliation claim. 		Disability Discrimination 2DCA/8 May 25, 2023
Waidla v. Davis
Writ of habeas corpus awarded by district court affirmed because California Supreme Court unreasonably applied *Strickland v. Washington* with ineffective assistance of counsel claim. 		Criminal Law and Procedure 9th May 24, 2023
Chaudhry v. Aragon
Plaintiff doctor, who alleged that an inaccurate State report harmed his employment interests, failed to establish the requisite causation element of his "stigma-plus" Section 1983 due process claim. 		Civil Rights 9th May 24, 2023
Melville v. Shinn
One-year statute of limitations for petitioner's federal habeas relief began to run after his extension to file a state motion for reconsideration expired because the state avenue for relief had closed. 		Criminal Law and Procedure 9th May 24, 2023
Amended Opinion: Umana-Escobar v. Garland
Application of incorrect standard of review to Immigration Judge's determination--that there was insufficient nexus between immigrant's membership in protected group and harm faced in his home country--required remand. 		Immigration 9th May 24, 2023
Hodges v. Cedars-Sinai Medical Center
Hospital employee's evidence of a potential adverse reaction to a mandated flu shot was not sufficient to show she suffered from a physical disability. 		Disability Discrimination 2DCA/8 May 23, 2023
Diaz v. Zuniga
Purported amendment to trust was not valid where settlor failed to send it to the trustee via certified mail as required by the modification procedure provided in the trust instrument. 		probate_and_trusts 2DCA/4 May 23, 2023
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