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U.S. v. Bastide-Hernandez
Failure of a notice to appear to include time and date information does not deprive the immigration court of subject matter jurisdiction.
Immigration 9th Jul. 12, 2022
Daimler Trucks North America LLC v. Superior Court (Hu)
Defendant's systematic business activities in California were sufficient to support a finding of specific jurisdiction even though the cause of action did not arise out of defendant's in-state conduct.
Civil Procedure 2DCA/5 Jul. 11, 2022
Coastline JX Holdings LLC v. Bennett
Profit-sharing plan was automatically exempt from levy under both ERISA and California law because there was no conflict between ERISA and California law.
Civil Procedure 4DCA/3 Jul. 11, 2022
People v. Wandrey
Molestation case was remanded for resentencing under Penal Code Section 1170(b) since the evaluation of aggravating circumstances required an imprecise quantitative evaluation of the facts.
Criminal Law and Procedure 1DCA/2 Jul. 11, 2022
Huerta v. CSI Elec. Contractors, Inc.
Order
9th Jul. 11, 2022
Amended Opinion: Sanchez v. Los Angeles Dept. of Transportation
E-scooter rider's Fourth Amendment privacy violation claim over real-time, scooter ride data collected, was foreclosed by the third-party doctrine.
Constitutional Law 9th Jul. 11, 2022
Ross Dress for Less, Inc. v. Makarios-Oregon, LLC
Allowing a party to unilaterally withdraw jury demand was appropriate where the other party had agreed to a lease that contained a waiver of its right to a jury trial.
Civil Procedure 9th Jul. 11, 2022
Prison Legal News v. Ryan, et al.
Arizona Department of Corrections Order prohibiting mail with sexually explicit material did not violate First Amendment because it was connected to legitimate penal interests and there were no viable alternatives.
Prisoners' Rights 9th Jul. 11, 2022
Produce Pay Inc. v. Izguerra Produce Inc.
Where the parties' transactions resembled a consignment, the seller was entitled to Perishable Agricultural Commodities Act protections.
Commercial Law 9th Jul. 11, 2022
Barseghyan v. Garland
Petition for review was granted because three out of the four evidentiary inconsistencies relied upon by the Board of Immigration Appeals were not actually inconsistent.
Immigration 9th Jul. 11, 2022
Vega v. Garland
Alien was not eligible for an adjustment of his immigration status because he illegally reentered the United States and was present when the Illegal Immigration Reform and Immigrant Responsibility Act became effective.
Immigration 9th Jul. 11, 2022
People v. Gerson
Where substantial evidence supported the trial court's finding that defendant did not meet his burden for pretrial mental health diversion, trial court's denial of motion did not amount to abuse of discretion.
Criminal Law and Procedure 4DCA/1 Jul. 11, 2022
People v. Manzanilla
The failure of defendant's legal counsel to specifically inform him that his aggravated felony plea would subject him to mandatory deportation was a prejudicial error requiring reversal.
Criminal Law and Procedure California Courts of Appeal Jul. 8, 2022
People v. Ayon
Trial court erred in denying defendant's motion to suppress where objective facts showed that the police's true reason for traffic stop was to search for drugs and they prolonged the stop to wait for the narcotics dog.
Criminal Law and Procedure 6DCA Jul. 8, 2022
Macomb County Employees' Retirement System v. Align Technology, Inc.
In a securities fraud action, statements made by corporate executives were non-actionable puffery because they were vague, generically positive terms to describe the company's potential for growth in a marketplace.
Securities 9th Jul. 8, 2022
City and County of Honolulu v. Sunoco LP
In a case involving whether oil and gas companies misled the public about fossil fuel dangers, oil and gas companies failed to establish federal jurisdiction to merit removal of case from Hawaii state court.
Civil Procedure 9th Jul. 8, 2022
Magallanes de Valle v. Doctors Medical Center of Modesto
In a medical malpractice suit, hospital was not liable for the alleged negligence of a physician because patient reasonably should have known that physician was not the hospital's agent.
Health Care 5DCA Jul. 7, 2022
Butcher v. Knudsen
A Montana law was unconstitutionally vague because it did not give fair notice that the travel expenses from unpaid political speaking engagements made appellants a political committee subject to regulations.
Constitutional Law 9th Jul. 7, 2022
Joshi v. Fitness International, LLC
A checklist indicating a sauna "needed repair" was insufficient to show gross negligence by a fitness center.
Torts 6DCA Jul. 6, 2022
Bowerman v. Field Asset Services, Inc.
Class certification was reversed because the class members could not show that the whole class suffered damages traceable to their alleged misclassification as independent contractors.
Civil Procedure 9th Jul. 6, 2022
Modification: People v. Bunas
A court ruling on a petitioner's motion for mental health diversion is not required to determine the defendant's eligibility prior to determining the offense's suitability.
Criminal Law and Procedure 4DCA/1 Jul. 6, 2022
McNeal v. Whittaker, Clark & Daniels
Punitive damages award was reversed because evidence did not show that executives knew there were "probable dangerous consequences" from trace levels of asbestos in its talc that would cause plaintiff's mesothelioma.
Remedies 2DCA/8 Jul. 6, 2022
Fierro v. Smith
Jury should not have been given deference instruction when there was a dispute whether denial of protective custody was necessary, justified, and not exaggerated response to security needs.
Prisoners' Rights 9th Jul. 5, 2022
In re M.G.
Finding of lack of emotional bond between parent and child must be substantiated and analyzed in report in order for juvenile court to use the report as basis for its ruling.
Dependency 2DCA/8 Jul. 6, 2022
In re C.S.
Juvenile court did not abuse its discretion by terminating its jurisdiction over child that was in parental custody without providing reunification services to parent not retaining custody.
Dependency 2DCA/7 Jul. 5, 2022
People v. Diggs
Denial of petitioner's petition for release into a conditional release program was proper where qualified medical experts diagnosed him with both antisocial personality disorder and amphetamine use disorder.
Criminal Law and Procedure 1DCA/4 Jul. 5, 2022
People v. Caparaz
Expert testimony regarding defendant's susceptibility to giving false confessions was probative and did not require evidence that defendant falsely confessed.
Criminal Law and Procedure 1DCA/2 Jul. 5, 2022
In re E.V.
Failure to conduct Indian Child Welfare Act inquiries is always a miscarriage of justice requiring reversal.
Dependency 4DCA/3 Jul. 5, 2022
People v. Deleoz
Redacted portion of memoranda describing medical examiner's questionable conclusions in other murder cases was not material since it appeared the jury did not credit the examiner's opinion.
Criminal Law and Procedure 6DCA Jul. 5, 2022
People v. Murphy
Substantial evidence existed that at the time of the car accident, defendant was impaired from using marijuana and acted with implied malice, supporting jury's verdict of second degree murder.
Criminal Law and Procedure 2DCA/7 Jul. 5, 2022