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Modification: Estrada v. Superior Court (People)
Trial court did not abuse its discretion by continuing criminal cases past statutory last day for trial due to the COVID-19 pandemic. 		Criminal Law and Procedure 1DCA/1 Mar. 29, 2023
Wilkins v. U.S.
Twelve-year time bar for claims filed under the Quiet Title Act was merely a procedural, not a jurisdictional, requirement. 		Real Property USSC Mar. 29, 2023
Schurg v. U.S.
Federal Tort Claims Act shielded U.S. Forest Service from lawsuit against landowners whose properties were damaged by fire-suppression activities as those acts fell squarely within the discretionary function exception. 		Immunity 9th Mar. 29, 2023
People v. Butler
Remand for resentencing necessary because court could not conclude beyond a reasonable doubt that jury would have found true beyond a reasonable doubt all of the aggravating factors on which trial court relied in selecting upper term. 		Criminal Law and Procedure 4DCA/2 Mar. 29, 2023
Deck v. Developers Investment Co., Inc.
Maximum amount of monetary sanctions was warranted where party unsuccessfully opposed discovery motion and untimeliness with discovery production was extreme and the product of bad faith. 		Civil Procedure 4DCA/3 Mar. 28, 2023
Gregg v. Uber Technologies, Inc.
Despite agreement requiring arbitration of individual Private Attorney General Act actions, employee affected by alleged labor violations still had standing to pursue a representative enforcement action in civil court. 		Arbitration 2DCA/4 Mar. 28, 2023
Donziger v. U.S.
Order 		USSC Mar. 28, 2023
People v. Brown
Even absent a showing of good cause, a court should grant a continuance on a suppression hearing where doing otherwise would eliminate the prosecution's ability to prosecute a legitimate case. 		Criminal Law and Procedure CASC Mar. 28, 2023
In re Jenkins
Attorney Generals have a constitutional, ethical, or procedural duty to disclose certain exculpatory evidence in response to habeas petitioner's *Brady* claim. 		Evidence CASC Mar. 28, 2023
People v. Myles
Court erred in modifying the theft by larceny pattern instructions since it gave the jury an incomplete definition that omitted the crime's specific intent to steal element. 		Criminal Law and Procedure 4DCA/1 Mar. 27, 2023
People v. Patton
Petitioner who acted alone, pled no contest to attempted murder, and admitted to discharging firearm was not eligible for Section 1172.6 relief as a matter of law. 		Criminal Law and Procedure 2DCA/3 Mar. 24, 2023
California Manufacturers v. Office of Environmental Health Hazard Assessment
Opinion 		3DCA Mar. 23, 2023
In re L.J.
Mother's recordings taken during visits with her child were inadmissible at hearing for termination of parental rights because the child was a ward of the juvenile court and the child's counsel did not consent to the recordings. 		Dependency 3DCA Mar. 24, 2023
Modification: Wood v. Kaiser Foundation Hospitals
The Healthy Workplaces, Healthy Families Act does not bar Private Attorneys General Act civil penalty claims for sick pay. 		Employment Law 4DCA/1 Mar. 24, 2023
California Manufacturers & Technology Assoc. v. Office of Environmental Health Hazard Assessment
Office of Environmental Health Hazard Assessment could use nonadverse health effects in assessing and setting public health goal water contamination numbers. 		Environmental Law 3DCA Mar. 24, 2023
Marriage of Sullivan
Under the Federal Uniformed Services Former Spouse's Protection Act, party's assent to court jurisdiction for the division of military retirement benefits in divorce proceeding may be implied. 		Family Law 4DCA/1 Mar. 23, 2023
Segal v. Fishbein
Dismissal of child custody proceeding was statutorily mandated when home state court that had exercised jurisdiction elected to retain jurisdiction over the proceedings. 		Family Law 4DCA/1 Mar. 23, 2023
People v. Gobert
Testimony regarding strangled girlfriend's trip to visit her sister prior to her death was impermissible propensity evidence, but the error was not prejudicial to the clear-cut murder charge. 		Evidence 4DCA/1 Mar. 23, 2023
De la Rosa-Rodriguez v. Garland
Order 		9th Mar. 23, 2023
Honey Bum, LLC v. Fashion Nova, Inc.
Summary judgment proper on plaintiff clothing vendor's Sherman Act Section 1 group boycott claim because it failed to establish a material dispute as to whether the other clothing vendors agreed among themselves to boycott plaintiff. 		Antitrust 9th Mar. 23, 2023
People v. Villalba
Defendant established prejudicial error when totality of evidence supported that he would not have agreed to plea with knowledge of the negative immigration consequences, given his extensive ties to the United States. 		Criminal Law and Procedure 2DCA/2 Mar. 23, 2023
Modification: Gordon v. Ervin Cohen & Jessup LLP
Attorneys could not be liable for malpractice to nonclient third parties in the absence of a clear, certain, and undisputed intent on the part of the client to benefit them. 		Attorneys 2DCA/2 Mar. 22, 2023
Hamilton and High, LLC v. City of Palo Alto
Palo Alto's in-lieu parking fee, imposed to alleviate increased parking demands resulting from new developments, fell under the Mitigation Fee Act necessitating strict compliance with the statute's requirements. 		Municipal Law 6DCA Mar. 22, 2023
Luna Perez v. Sturgis Public Schools
IDEA's statutory administrative-exhaustion requirement did not preclude plaintiff from filing an ADA action seeking compensatory damages for his claims because IDEA could not provide such a remedy. 		Disability Discrimination USSC Mar. 22, 2023
California Capital Insurance Co. v. Employers Compensation Insurance Co.
Employer's workers' compensation insurer was not liable for equitable compensation because its policy did not cover the same bodily injury risk as employer's general liability insurer's policy. 		Insurance 4DCA/3 Mar. 22, 2023
People v. Nakano
Trial court abused its discretion when it terminated defendant's probation, prior to completion of a sex offender management program, without applying the standard required by Penal Code Section 1203.3(a). 		Criminal Law and Procedure 6DCA Mar. 22, 2023
Chong Yim v. City of Seattle
Blanket ban on landlords inquiring about the criminal histories of current and potential tenants was an overly broad restriction on the landlord's right to free speech. 		Constitutional Law 9th Mar. 22, 2023
Militello v. VFARM
Disqualifying counsel was proper where client failed to establish emails, which were allegedly impermissibly downloaded and used by counsel in a related proceeding, were not protected by the spousal communication privilege. 		Evidence 2DCA/7 Mar. 22, 2023
Environmental Law Foundation v. State Water Resources Control Bd.
State Water Board's adoption of order allowing the anonymization of management practice implementation and data was proper under the rule and commentary of key element four of the Nonpoint Source Policy. 		Environmental Law 3DCA Mar. 21, 2023
A.H. v. Superior Court (Orange County Social Services Agency)
Juvenile court's finding of subject matter jurisdiction was supported by substantial evidence where a court from children's home state declined to exercise jurisdiction. 		Dependency 4DCA/3 Mar. 21, 2023
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