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Guerrant v. U.S.
Order
USSC Jan. 11, 2022
Rocket Mortgage v. Alig
Order
USSC Jan. 11, 2022
U.S. v. Lonich
In balancing 'Barker' factors, government's decision to file new charges in superseding indictment did not result in Speedy Trial Clause violation.
Criminal Law and Procedure 9th Jan. 11, 2022
U.S. v. 101 Houseco LLC
A third party lacked statutory standing to challenge forfeiture proceedings by intervening in criminal proceedings.
Criminal Law and Procedure 9th Jan. 11, 2022
Togonon v. Garland
A noncitizen was not removable because his conviction under California statute was not a categorical match to its federal counterpart.
Immigration 9th Jan. 11, 2022
People v. Porter
Trial court's determination that petitioner was ineligible for resentencing required reversal and remand in light of a recent amendment to expressly include convictions for attempted murder.
Criminal Law and Procedure 5DCA Jan. 10, 2022
Bird v. Oregon Commission for the Blind
The court determined a prior holding was no longer binding authority and found that, without an express statutory waiver of sovereign immunity, litigants could not recover compensatory damages or fees and costs.
Immunity 9th Jan. 10, 2022
Modification: Goodwin v. Comerica Bank, N.A.
A bank forfeited the right to demand disqualification of the arbitrator because it did not seek disqualification before the conclusion of the arbitration proceedings.
Arbitration 1DCA/4 Jan. 7, 2022
Hyde v. City of Wilcox
Officers' use of force on a restrained detainee was a violation of clearly established law and unconstitutionally excessive.
Civil Rights 9th Jan. 7, 2022
Amended Opinion: U.S. v. Olsen
District court's interpretation of Speedy Trial Act's ends of justice provision--that continuances are appropriate only if holding a criminal jury trial would be impossible--was incorrect.
Constitutional Law 9th Jan. 7, 2022
People v. Abdelsalam
Defendant's motion to vacate his conviction was properly denied because defendant understood that his plea would result in deportation.
Criminal Law and Procedure 2DCA/8 Jan. 7, 2022
Cirrincione v. American Scissor Lift
A rounding claim was not suitable for class treatment due to the predominance of individual issues.
Civil Procedure 3DCA Jan. 6, 2022
Western Watersheds Project v. Haaland
Request to intervene in multi-phase litigation was timely because movant's interests supported intervention in a later phase and it was filed within the timeframe allowed for filing an appeal.
Civil Procedure 9th Jan. 6, 2022
Columbia Export Terminal v. International Longshore and Warehouse Union
RICO claims are precluded by Labor Management Relations Act Section 301 when the claims are based on rights created by or its resolution depends on a collective bargaining agreement.
Labor Law 9th Jan. 6, 2022
People v. Mejorado
Lack of facts in the record refuting petitioner's allegations meant failure to appoint counsel and issue an order to show cause in response to a resentencing petition was prejudicial error.
Criminal Law and Procedure 2DCA/8 Jan. 5, 2022
Munoz v. PL Hotel Group, LLC
The trial court erroneously sustained a demurrer to a fraud cause of action because the complaint adequately pleaded fraud in the execution of a lease.
Contracts 4DCA/1 Jan. 5, 2022
Marriage of Brubaker and Strum
Trial court erred in concluding that issue preclusion applied when issue heard in family law court differed from issue in trial court regarding a domestic violence restraining order.
Family Law 2DCA/7 Jan. 5, 2022
Johnson v. Little Rock Ranch
Defense of laches and doctrine of "relative hardship" applies where property owners failed to assert their rights in disputed area prior to neighbor's extensive work in improving property.
Real Property 5DCA Jan. 5, 2022
Elmore v. Gordon
Driver's license suspension for refusal to submit to blood or breath test was proper despite an incomplete admonition that refusal would also result in fine or imprisonment.
Administrative Agencies 2DCA/8 Jan. 4, 2022
Jobs & Housing Coalition v. City of Oakland
Enacting a measure on a majority vote despite statements in the ballot materials indicating that a supermajority would be needed did not violate due process.
Government 1DCA/1 Jan. 4, 2022
People v. Superior Court (Valenzuela)
Aider and abettor's actions were sufficient to demonstrate, for the purposes of a preliminary hearing, that he intended and aided the direct perpetrator's act with conscious disregard for human life.
Criminal Law and Procedure 4DCA/1 Jan. 4, 2022
Modification: In re L.J.
A juvenile's punishment on a reckless evasion of police count was stayed because it was based on the same indivisible course of conduct, with the same intent and objective, as the assault counts.
Juveniles 1DCA/4 Jan. 4, 2022
Sellers v. JustAnswer LLC
Through their websites' design, website providers must ensure consumers are adequately notified of contractual terms they are agreeing to by making those terms clear and conspicuous.
Consumer Law 4DCA/1 Jan. 4, 2022
People v. Harrison
Petitioner was entitled to resentencing without the need for a hearing because the trial court specifically found he did not act with reckless indifference to human life.
Criminal Law and Procedure 1DCA/4 Jan. 4, 2022
Gonzalez v. Google LLC
Order
9th Jan. 4, 2022
U.S. v. Turchin
Federal nexus required for fraud involving identification documents is not automatically satisfied merely by showing that the identification document in question was issued by a state government.
Criminal Law and Procedure 9th Jan. 4, 2022
U.S. v. Jackson
Defendant's claim for breach of plea agreement failed when the written agreement was fully integrated and defendant testified at plea colloquy that it represented the parties' entire agreement.
Criminal Law and Procedure 9th Jan. 4, 2022
Pacheco v. U.S.
Order
9th Jan. 4, 2022
People v. Johnson
Defendant waived his earlier invocation of his right to counsel when defendant initiated conversation with a psychiatrist.
Criminal Law and Procedure CASC Jan. 4, 2022
In re Mohammad
Department of Corrections and Rehabilitation's regulations excluding inmates convicted of nonviolent offenses who are also serving terms for violent offenses from Proposition 57 nonviolent offender early parole consideration were constitutional.
Criminal Law and Procedure CASC Jan. 4, 2022