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Name Category Published
Johnson v. Arteaga-Martinez
Order
USSC Aug. 30, 2021
Garland v. Gonzalez
Order
USSC Aug. 30, 2021
U.S. v. Pollard
Nothing in record objectively demonstrated defendant would not have pled guilty had he known of 18 U.S.C. Section 922(g)(1)'s knowledge-of-status element.
Criminal Law and Procedure 9th Aug. 30, 2021
Reyes Afanador v. Garland
Applying 'Matter of Cortes Medina' retroactively to petitioner's 2011 conviction for indecent exposure was impermissible.
Immigration 9th Aug. 30, 2021
Ayla LLC v. Alya Skin
Because overseas business's operations showed significant focus on United States and plaintiff's claims arose from those operations, business had minimum contacts with United States.
Civil Procedure 9th Aug. 30, 2021
Americans for Prosperity Foundation v. Bonta
Order
9th Aug. 30, 2021
Holman v. County of Butte
Because the discovery rule applies to actions based on liability by statute, plaintiff was not barred from pursuing his claim by the statute of limitations.
Civil Procedure 3DCA Aug. 27, 2021
Modification: People v. Yang
Trial court abused its discretion by allowing expert testimony regarding postpartum mental disorders without sufficient factual basis and by admitting defendant's privileged psychological records.
Criminal Law and Procedure 3DCA Aug. 27, 2021
Norbert v. City and County of San Francisco
Inmates are not entitled to outdoor exercise under Fourteenth Amendment if there are other meaningful recreational opportunities.
Civil Rights 9th Aug. 27, 2021
Association of Irritated Residents v. U.S. Environmental Protection Agency
Because Environmental Protection Agency failed to provide reasoned explanation for approving state plan, rule was arbitrary and capricious.
Environmental Law 9th Aug. 27, 2021
People v. McDaniel
Admission of firearm was not error when officer had reasonable suspicion observing outline of gun in passenger's pocket.
Criminal Law and Procedure CASC Aug. 27, 2021
Modification: People v. Lewis
Penal Code Section 1170.95(c) does not require petitioner to first make prima facie showing that he is entitled to relief in order to be appointed counsel.
Criminal Law and Procedure CASC Aug. 27, 2021
Estate of Wall
Evidence Code Section 662 prevails over Family Code Section 760 when determining character of decedent's real property in probate matter.
probate_and_trusts 3DCA Aug. 26, 2021
People v. Medrano
Penal Code Section 1170.95 relief is unavailable to petitioners concurrently convicted of first degree murder and conspiracy to commit first degree murder where both convictions involve the same victim.
Criminal Law and Procedure 2DCA/6 Aug. 26, 2021
Modification: In re Noah S.
Minor's attempted robbery adjudication qualified as offense under Welfare and Institutions Code Section 707(b).
Juveniles 1DCA/3 Aug. 26, 2021
Orozco-Lopez v. Garland
Non-citizens whose removal orders have been reinstated are statutorily entitled to counsel under 8 U.S.C. Section 1362.
Immigration 9th Aug. 26, 2021
Munyuh v. Garland
Adverse credibility determination was improper because immigration judge did not give specific reasons for rejecting petitioner's reasonable explanation regarding perceived discrepancies.
Immigration 9th Aug. 26, 2021
Invesco High Yield Fund v. Jecklin
Sanctions under 28 U.S.C. Section 1826(a) also apply to defendant's refusal to answer interrogatories or to produce documents.
statutory_interpretation 9th Aug. 26, 2021
Apartment Association of Los Angeles County v. City of Los Angeles
Because it was reasonable and appropriate, City's eviction moratorium passed constitutional muster under Contracts Clause.
Civil Rights 9th Aug. 26, 2021
LeBrun v. CBS Studios Inc.
California-based television producer's alleged fraudulent misrepresentations were made in Louisiana and his conduct in California in producing show was not independently wrongful; thus, case time-barred by Louisiana statute of limitations.
Civil Procedure 2DCA/4 Aug. 26, 2021
Brown v. Montage at Mission Hills, Inc.
Civil Code Section 4740 exempts common interest development property owners from rental restrictions not in place at time of property's purchase.
Real Property 4DCA/2 Aug. 25, 2021
Finato v. Keith A. Fink & Associates
Second anti-SLAPP motion relying on the law of the case was appropriate procedural vehicle to challenge paragraphs in amended complaint that were previously struck by appellate court.
Anti-SLAPP 2DCA/1 Aug. 25, 2021
People v. Wilkins
Senate Bill No. 1437 neither repealed the felony-murder special circumstance statute in practice nor amended any voter-approved initiative.
Criminal Law and Procedure 4DCA/1 Aug. 25, 2021
Modification: People v. Nolasco
No equal protection violation in differential treatment of recommitment orders' end dates for those with mental illnesses versus those with developmental disabilities.
Constitutional Law 2DCA/2 Aug. 25, 2021
Payan v. Los Angeles Community College District
Plaintiffs' claims that included denial of specific individual accommodations were subject to evaluation under 'failure to accommodate framework.'
Disability Discrimination 9th Aug. 25, 2021
Native Village of Nuiqsut v. Bureau of Land Management
'Capable of repetition, yet evading review' exception to mootness did not apply where multitude of new circumstances rendered case moot.
Environmental Law 9th Aug. 25, 2021
Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation.
Torts 9th Aug. 25, 2021
BNSF Railway Company v. Columbia River Gorge Commission
Local county code is not exempt from preemption under Interstate Commerce Commission Termination Act.
Civil Procedure 9th Aug. 25, 2021
People v. Roberts
Using DNA sample from defendant who was validly arrested for felony on probable cause but never formally charged does not violate constitutional rights.
Criminal Law and Procedure 3DCA Aug. 24, 2021
In re N.F.
Changes in housing and employment could not support Welfare and Institutions Code Section 388 petition without showing that substance abuse problem had materially changed.
Juveniles 4DCA/2 Aug. 24, 2021