| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
18-73237
|
Benedicto v. Garland
Procedural safeguards from an immigration judge protected a mentally incompetent petitioner's due process rights. |
Immigration |
|
L. VanDyke | Sep. 10, 2021 |
|
B300017
|
Hudson v. Foster
In setting aside an order approving conservator's account based on extrinsic fraud, conservatees are not required to establish that the fraud was undiscoverable prior to approval of the account. |
Conservatorship |
|
C. Moor | Sep. 9, 2021 |
|
18-36083
|
Chavez v. Robinson
Because defendant's statements were not used against him in a criminal case, defendant could not bring a civil action for damages against the government. |
Criminal Law and Procedure |
|
S. Ikuta | Sep. 9, 2021 |
|
20-50257
|
U.S. v. Green
When defendant visited a pornographic website, he violated the terms of his supervised released that forbade him from patronizing any place where sexually explicit materials are the primary material available. |
Criminal Law and Procedure |
|
C. Callahan | Sep. 9, 2021 |
|
19-72744
|
Alam v. Garland
In light of the REAL ID Act, adverse credibility determinations require consideration of the totality of the circumstances, replacing the previous "single factor rule." |
Immigration |
|
S. Thomas | Sep. 9, 2021 |
|
F080837
|
Modification: People v. Perez
Superior court has discretionary authority, after considering totality of circumstances, to deem to Penal Code Section 1473.7 motion timely even if moving party did not act with reasonable diligence. |
Criminal Law and Procedure |
|
D. Franson | Sep. 9, 2021 |
|
20-1285
|
In re James Christopher Patow
Documents executed by a trust beneficiary, which purported to waive his interest under the trust, constituted a valid disclaimer. |
Bankruptcy |
|
S. Gan | Sep. 8, 2021 |
|
20-1045
|
In re Gabino F.A. Duran
Dismissals in bankruptcy cases trigger a Bankruptcy Code Section 349(a) issue whether 'cause' exists to order that dismissal be with prejudice. |
Bankruptcy |
|
C. Klein | Sep. 8, 2021 |
|
20-1161
|
In re Sherrie Nicole Lockhart- Johnson
Bankruptcy court should allow complaint to be amended where creditor filed within deadline and amended claim, based on same conduct, could relate to original complaint's date. |
Bankruptcy |
|
S. Gan | Sep. 8, 2021 |
|
18-72692
|
Iraheta-Martinez v. Garland
Because a non-citizen became an adult who no longer needed to live with his abusive father, he would not be persecuted in the future due to 'changed circumstances.' |
Immigration |
|
G. Feinerman | Sep. 8, 2021 |
|
19-17373
|
Csutoras v. Paradise High School
Department of Education's suggestions for preventing harassment of disabled students are not binding precedent in disability discrimination suits for monetary damages. |
Disability Discrimination |
|
L. VanDyke | Sep. 8, 2021 |
|
A153106
|
Harris v. Thomas Dee Engineering Co., Inc.
An expert's declaration that purportedly contradicted his earlier deposition should have been considered on summary judgment because the declaration did not prejudice the opposing party. |
Torts |
|
M. Simons | Sep. 7, 2021 |
|
D078183
|
People v. Rodriguez
Criminal defendants are only eligible for mental health diversion until they are convicted or plead guilty. |
Criminal Law and Procedure |
|
T. Do | Sep. 7, 2021 |
|
B308440
|
Guardianship of S.H.R.
Special immigrant juvenile petition requires a showing that child's reunification with parents is unviable due to abuse, abandonment, or neglect, and a fear of gangs does not fall into any of those categories. |
Juveniles |
|
F. Rothschild | Sep. 7, 2021 |
|
20-35395
|
U.S. v. Juliano
Counsel's failure to anticipate legislation that reduced minimum sentences was not objectively unreasonable given that it was unclear whether it would become law at time of defendant's sentencing. |
Criminal Law and Procedure |
|
L. VanDyke | Sep. 7, 2021 |
|
B305797
|
Woodhill Ventures, LLC v. Yang
Defendant's statements were not made in connection with an issue of 'candy confusion' but were aimed to whip up a crowd for vengeful retribution against a bakery. |
Anti-SLAPP |
|
J. Wiley | Sep. 7, 2021 |
|
B296666
|
Carcamo v. L.A. County Sheriff's Dept.
City ordinances criminalizing acts related to public drunkenness are preempted because they conflict with Section 647(f). |
Civil Rights |
|
A. Egerton | Sep. 7, 2021 |
|
F080963
|
Modification: Herrera v. Doctors Medical Center of Modesto
PAGA claims cannot be forced into arbitration based on agreements made by the former employees before they became authorized representatives of the state. |
Arbitration |
|
D. Franson | Sep. 3, 2021 |
|
A160384
|
People v. Grabham
Dual convictions of Vehicle Code Sections 23152(a) and 23152(b) prohibiting driving under the influence are 'both possible and proper.' |
Criminal Law and Procedure |
|
T. Brown | Sep. 3, 2021 |
|
A153521
|
Duncan v. Kihagi
Complaints from other tenants were not considered character evidence regarding the landlord because they countered attempts to depict plaintiff as an overly sensitive tenant. |
Evidence |
|
J. Humes | Sep. 3, 2021 |
|
15-73085
|
Giha v. Garland
Deportee claiming derivative U.S. citizenship based on parent's naturalization is required to present more evidence of parent's dissolution than a travel authorization. |
Immigration |
|
D. Collins | Sep. 3, 2021 |
|
20-55522
|
Garcia v. City of Los Angeles
Plaintiffs were likely to succeed on their claim that the destruction of bulky items stored in a public area violated the Fourth Amendment's protection against unreasonable seizures. |
Civil Rights |
|
M. Friedland | Sep. 3, 2021 |
|
20-35393
|
Corrigan v. Haaland
Interior's Interior Board of Land Appeals properly applied the statutes establishing that a grazing preference cannot be exercised after the corresponding grazing permit is not renewed for bad behavior. |
Administrative Agencies |
|
P. Friedman | Sep. 3, 2021 |
|
20-70147
|
Martin v. Sundial Marine Tug & Barge Works
Under the Longshore and Harbor Workers' Compensation Act, Section 910(a) can 'reasonably and fairly' be applied even when a five-day worker works more than 260 days. |
Administrative Agencies |
|
A. Hurwitz | Sep. 3, 2021 |
|
S256914
|
Modification: In re Friend
Proposition 66's new restrictions on presentation of habeas corpus claims in 'successive' petitions apply only to those claims that were or could have been raised in earlier petition, not on newly available claims. |
Criminal Law and Procedure |
|
L. Kruger | Sep. 3, 2021 |
|
21A24
|
Whole Woman's Health v. Jackson
Order |
|
Sep. 3, 2021 | ||
|
G058474
|
Ashby v. Ashby
In domestic violence restraining order context, challenging sufficiency of evidence requires setting forth, discussing and analyzing both favorable and unfavorable evidence. |
Family Law |
|
K. O'Leary | Sep. 2, 2021 |
|
F080403
|
Pearce v. Briggs
Because a will's operative language did not reflect an unequivocal intent to irrevocably sever a joint tenancy, the joint tenancy interest was not severed. |
probate_and_trusts |
|
M. Smith | Sep. 2, 2021 |
|
A154032
|
In re Moore
Defendant's age is a relevant factor in determining whether defendant acted with reckless indifference to human life. |
Criminal Law and Procedure |
|
D. Chou | Sep. 2, 2021 |
|
19-36075
|
Landis v. Wash. State MLB Stadium Pub. Facilities Dist.
Because district court did not analyze second 'Accessible Stadiums' requirement, its decision concluding that stadium satisfied Americans with Disabilities Act was vacated. |
Disability Discrimination |
|
D. Forrest | Sep. 2, 2021 |