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Name Category Published
Benedicto v. Garland
Procedural safeguards from an immigration judge protected a mentally incompetent petitioner's due process rights.
Immigration 9th Sep. 10, 2021
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 2DCA/5 Sep. 9, 2021
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 9th Sep. 9, 2021
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 9th Sep. 9, 2021
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 9th Sep. 9, 2021
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 5DCA Sep. 9, 2021
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 BAP Sep. 8, 2021
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 BAP Sep. 8, 2021
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 BAP Sep. 8, 2021
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 9th Sep. 8, 2021
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Department of Education's suggestions for preventing harassment of disabled students are not binding precedent in disability discrimination suits for monetary damages.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 9th Sep. 8, 2021
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 1DCA/5 Sep. 7, 2021
People v. Rodriguez
Criminal defendants are only eligible for mental health diversion until they are convicted or plead guilty.
Criminal Law and Procedure 4DCA/1 Sep. 7, 2021
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 2DCA/1 Sep. 7, 2021
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 9th Sep. 7, 2021
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 2DCA/8 Sep. 7, 2021
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 2DCA/3 Sep. 7, 2021
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 5DCA Sep. 3, 2021
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 1DCA/4 Sep. 3, 2021
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 1DCA/1 Sep. 3, 2021
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 9th Sep. 3, 2021
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 9th Sep. 3, 2021
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 9th Sep. 3, 2021
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 9th Sep. 3, 2021
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 CASC Sep. 3, 2021
Whole Woman's Health v. Jackson
Order
USSC Sep. 3, 2021
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 4DCA/3 Sep. 2, 2021
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 5DCA Sep. 2, 2021
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 1DCA/3 Sep. 2, 2021
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 9th Sep. 2, 2021