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Name Category Published
Direct Capital Corporation v. Brooks
Wife’s computer purchases for her law office are properly deemed ‘necessaries of life’ under Family Code, may be treated as community obligation.
Family Law 3DCA Aug. 31, 2017
Abbott v. Perez
Order
USSC Aug. 30, 2017
Quinault Indian Nation v. Pearson
Asserting claims against Indian tribe as counter claims does not change sovereign-immunity analysis; hence, counterclaim properly dismissed, barred by sovereign immunity.
Native American Affairs 9th Aug. 30, 2017
U.S. v. Ocampo-Estrada
Twenty-year mandatory minimum sentence improperly imposed where predicate drug offence under California law does not meet controlled-substance element to support sentence enhancement.
Criminal Law and Procedure 9th Aug. 30, 2017
Rachel H. v. Dept. of Education, State of Hawaii
Individualized Education Program that fails to identify specific school does not violate Individuals with Disabilities Act where act does not ‘procedurally require’ each IEP to identify anticipated school.
Disability Discrimination 9th Aug. 30, 2017
Mejia v. Sessions
Petitioner’s appeal improperly dismissed where immigration judge failed to inquire further into petitioner’s competency after he showed signs of mental incompetency.
Immigration 9th Aug. 30, 2017
Gregg v. State of Hawaii Dept. of Public Safety
Leave to amend complaint improperly denied in case where plaintiff learns she has psychological disorders years after undergoing sexual shame therapy sessions in prison.
Civil Rights 9th Aug. 30, 2017
Shafer v. Padilla
Although sheriff’s deputy’s use of leg sweep maneuver constitutes excessive force, jury’s verdict for plaintiff must be reversed because deputy is entitled to qualified immunity.
Civil Rights 9th Aug. 30, 2017
U.S. v. Geozos
‘Successive’ habeas motion erroneously denied where claim is based on new constitutional rule announced in ‘Johnson II’ involving Armed Career Criminal Act’s residual clause.
Criminal Law and Procedure 9th Aug. 30, 2017
People v. Vasquez
Prejudicial error in allowing People to display timeline of alleged abuse to jury and allowing testimony about statements on timeline results in reversal of child molestation convictions.
Criminal Law and Procedure 4DCA/1 Aug. 30, 2017
People v. Drew
Jury’s first degree murder verdict is supported by sufficient evidence where defendant’s omission establishes proximate cause and meets felony murder causation requirement.
Criminal Law and Procedure 4DCA/3 Aug. 30, 2017
Charles G., a Minor
Minor may be convicted of both statutes prohibiting firearm possession by minor and carrying of concealed firearm because statutes constitute separate offenses, violations.
Juveniles 1DCA/2 Aug. 29, 2017
In re Miller
Insufficient evidence that defendant acted with ‘reckless indifference to human life’ warrants vacating robbery-murder special circumstance finding.
Criminal Law and Procedure 2DCA/5 Aug. 29, 2017
Murphy v. Smith
Order
USSC Aug. 29, 2017
Amended Opinion: Portland General Electric Co. v. Liberty Mutual Insurance Co.
District court’s error in deciding scope of arbitration clause results in vacated judgment and remand to allow arbitrator to settle dispute.
Arbitration 9th Aug. 29, 2017
California Cannabis Coalition v. City of Upland
State constitutional restriction on local government’s ability to impose taxes does not apply to voters’ power to propose and adopt initiatives concerning taxation.
Government CASC Aug. 29, 2017
Rubenstein v. Doe No. 1
Child sex abuse victim's action against public entity untimely filed despite ‘delayed discovery rule’ where rule has no affect on government claims presentment deadline.
Civil Procedure CASC Aug. 29, 2017
Center for Biological Diversity v. Zinke
Fish and Wildlife Service may determine that a population segment that meets one of the Distinct Population Segment Policy’s four significance factors is insignificant where the agency’s determination is not limited to any one of the factors.
Administrative Agencies 9th Aug. 29, 2017
Sierra Club v. Pruitt
States fail to overturn approval of settlement reached by Sierra Club and EPA regarding promulgation of air quality standards.
Environmental Law 9th Aug. 29, 2017
U.S. v. Mercado-Moreno
Defendant unsuccessful in challenging denial of motion for sentence reduction despite amendment raising quantity of methamphetamine required to trigger maximum base offense level.
Criminal Law and Procedure 9th Aug. 29, 2017
Yagman v. Pompeo
Rule requiring a person seeking a Freedom of Information Act request to provide a reasonable description of records sought is not a jurisdictional prerequisite.
Administrative Agencies 9th Aug. 29, 2017
Amended Opinion: Petrocelli v. Baker
Death sentence reversed in case where admission of psychiatric testimony during penalty phase violated defendant's constitutional rights under 'Estelle v. Smith.'
Criminal Law and Procedure 9th Aug. 28, 2017
Mahan v. Charles W. Chan Insurance Agency Inc.
On rehearing, elderly couple may proceed with financial elder abuse and related claims against insurance advisors that allegedly took advantage of their cognitive issues.
Torts 1DCA/4 Aug. 28, 2017
Ed H. v. Ashley C.
Visitation properly denied to great-grandparents, where grandparent visitation statutes do not authorize great-grandparents to petition for visitation.
Family Law 4DCA/1 Aug. 28, 2017
Modification: In re Travis C.
Court properly assumed jurisdiction over child under Welfare and Institutions Code 300(b)(1) where mother’s mental illness created ‘substantial risk’ of serious physical harm.
Juveniles 2DCA/1 Aug. 28, 2017
Mercury Casualty Co. v. City of Pasadena
City of Pasadena not liable under inverse condemnation theory for damage caused to homeowner’s property by fallen tree during 2011 wind storm.
Insurance 2DCA/3 Aug. 28, 2017
The Highway 68 Coalition v. County of Monterey (Omni Resources LLC)
Plaintiff unsuccessful in challenging adverse rulings following challenge to county’s approval of shopping center project.
Environmental Law 6DCA Aug. 28, 2017
Rubenstein v. The Gap Inc.
Plaintiff’s claim under the Consumers Legal Remedies Act fails where Plaintiff’s complaint fails to allege that defendant misrepresented its products.
Consumer Law 2DCA/1 Aug. 28, 2017
Zermeno-Gomez v. USDC-AZP
Order
9th Aug. 28, 2017
People v. Brooks
Probation term that gave probation officer authority to direct probationer’s participation in any program constitutes improper delegation of judicial authority, but warrants only modification.
Criminal Law and Procedure 4DCA/1 Aug. 28, 2017