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U.S. v. Bartley
Unlawful possession of firearm under 18 U.S.C. Section 922(g)(4) does not require defendant to be both mentally ill and dangerous.
Criminal Law and Procedure 9th Aug. 23, 2021
Dai v. Garland
Board of Immigration Appeals did not find petitioner's case to be persuasive and no reasonable adjudicator would be compelled to conclude otherwise.
Immigration 9th Aug. 23, 2021
Plancarte Sauceda v. Garland
Board of Immigration Appeals' rejection of petitioner's proposed particular social group of 'female nurses' on ground that nursing is not immutable characteristic was unreasonable.
Immigration 9th Aug. 23, 2021
Jones v. Allison
CDCR officials entitled to legislative immunity because they performed legislative function when they adopted regulations directed by Article I, Section 32 of California Constitution, even if some provisions were later found void.
Civil Rights 9th Aug. 23, 2021
Alameda County Waste Management Authority v. Waste Connections US, Inc. et al.
Local governments may inspect and copy landfill records without having to prove as a factual matter necessity for the records.
Utilities 1DCA/2 Aug. 20, 2021
In re N.B.
Terminating guardianship by Welfare and Institutions Code Section 388 petition did not amount to reversible error.
Juveniles 1DCA/1 Aug. 20, 2021
Morris Cerullo World Evangelism v. Newport Harbor Offices etc.
Anti-SLAPP motion may not be directed to affirmative defense.
Anti-SLAPP 4DCA/3 Aug. 20, 2021
Romero v. Watkins & Shepard Trucking
Federal Arbitration Act did not apply to arbitration policy, because FAA exempts workers who are engaged in interstate commerce, and that provision cannot be waived by private agreement.
Arbitration 9th Aug. 20, 2021
Aya Healthcare Services v. AMN Healthcare
Non-solicitation agreement that was reasonably necessary to parties pro-competitive collaboration was subject to 'rule-of-reason' standard.
Antitrust 9th Aug. 20, 2021
Skidgel v. California Unemployment Insurance Appeals Board
In-Home Supportive Services caregivers who provide services to family members are not eligible for unemployment insurance benefits.
Employment Law CASC Aug. 20, 2021
Gonzalez v. Mathis
Landowners owe no duty to independent contractors or its workers to remedy or adopt other measures to protect them against known hazards on premises.
Torts CASC Aug. 20, 2021
Los Angeles Dept. of Water and Power v. County of Inyo
Adequate notice that California Environmental Quality Act exemption will be considered is required for issue exhaustion requirement to apply.
Environmental Law 5DCA Aug. 19, 2021
Marriage of Ramsey and Holmes
Where it is undisputed that there is community property interest in real property, both spouses are obligated to ensure that family court has information necessary to determine that interest.
Family Law 2DCA/4 Aug. 19, 2021
Taylor v. Financial Casualty & Surety
Surety did not have requisite control over plaintiffs' fugitive recovery work, and thus it was not their employer.
Labor Law 4DCA/1 Aug. 19, 2021
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 Aug. 19, 2021
People v. McClure
Penal Code Section 1170.95 resentencing relief does not apply to individuals charged with murder but convicted by plea of voluntary manslaughter.
Criminal Law and Procedure 6DCA Aug. 19, 2021
People v. Czirban
Statutory changes to Penal Code Section 1203.1(a) allowed defendant's three year probationary term to be reduced to two years.
Criminal Law and Procedure 6DCA Aug. 19, 2021
Turner v. Victoria
Corporations Code Section 5710(b) requires continuous membership in nonprofit public benefit corporation to bring derivative action.
Corporations 4DCA/1 Aug. 19, 2021
Student A v. San Francisco Unified School District
Prior to filing lawsuit under Individuals with Disabilities Education Act, plaintiffs must exhaust administrative remedies.
Disability Discrimination 9th Aug. 19, 2021
Lopez-Marroquin v. Garland
Vehicle theft under California Vehicle Code Section 10851(a) is indivisible in its treatment of accessories after the fact, and therefore, is not an aggravated felony theft offense.
Immigration 9th Aug. 19, 2021
Ford v. Peery
Order
9th Aug. 19, 2021
Gallano v. Burlington Coat Factory of California, LLC
Plaintiff established probability of prevailing on her Labor Code Section 2802 claim sufficient to survive defendant's anti-SLAPP motion.
Anti-SLAPP 1DCA/1 Aug. 18, 2021
In re I.S.
Juvenile court must provide notice and opportunity to be heard before modifying prior order.
Juveniles 1DCA/2 Aug. 18, 2021
Nixon v. AmeriHome Mortgage Co., LLC
Interpreting California choice-of-law provision in agreement as evidencing parties' intent to apply Labor Code Section 229 to arbitration provision departs from common sense.
Arbitration 2DCA/7 Aug. 18, 2021
Modification: Qaadir v. Figueroa
Plaintiff was required to show that medical bills were actually incurred before court admitted those bills as evidence, but error was harmless because jury's award fell within experts' valuations.
Remedies 2DCA/8 Aug. 18, 2021
U.S. v. Ferguson
Assuming magistrate judge committed Federal Rule of Criminal Procedure 11 violation, defendant failed to show effect on his substantial rights.
Criminal Law and Procedure 9th Aug. 18, 2021
Sharma v. Garland
Police ruining petitioner's business by stealing files and informing clients not to pay back their loans did not rise to level of past persecution.
Immigration 9th Aug. 18, 2021
Allison v. Tinder
Settlements that occur before class certification are subject to high procedural standards.
Civil Procedure 9th Aug. 18, 2021
Herring Networks v. Maddow
Exaggerated statement, cushioned within undisputed news story could not reasonably be understood to imply assertion of objective fact in order to amount to defamation.
Anti-SLAPP 9th Aug. 18, 2021
Villalobos Sura v. Garland
Arrest warrant and Red Notice, combined with incredibility of petitioner's testimony, established requisite probable cause that petitioner committed four murders; thus, he was ineligible for withholding of removal.
Immigration 9th Aug. 18, 2021