Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-30034
|
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 |
|
A. Tashima | Aug. 23, 2021 |
15-70776
|
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 |
|
P. Curiam (9th Cir.) | Aug. 23, 2021 |
19-73312
|
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 |
|
W. Fletcher | Aug. 23, 2021 |
20-15795
|
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 |
|
R. Eaton | Aug. 23, 2021 |
A158323
|
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 |
|
T. Stewart | Aug. 20, 2021 |
A161425
|
In re N.B.
Terminating guardianship by Welfare and Institutions Code Section 388 petition did not amount to reversible error. |
Juveniles |
|
J. Humes | Aug. 20, 2021 |
G058836
|
Morris Cerullo World Evangelism v. Newport Harbor Offices etc.
Anti-SLAPP motion may not be directed to affirmative defense. |
Anti-SLAPP |
|
R. Fybel | Aug. 20, 2021 |
20-55768
|
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 |
|
D. Fisher | Aug. 20, 2021 |
20-55679
|
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 |
|
M. Smith | Aug. 20, 2021 |
S250149
|
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 |
|
M. Jenkins | Aug. 20, 2021 |
S247677
|
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 |
|
J. Groban | Aug. 20, 2021 |
F081389
|
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 |
|
D. Franson | Aug. 19, 2021 |
B305584
|
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 |
|
T. Willhite | Aug. 19, 2021 |
D076869
|
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 |
|
T. O'Rourke | Aug. 19, 2021 |
F080837
|
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 |
|
D. Franson | Aug. 19, 2021 |
H048280
|
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 |
|
P. Bamattre-Manoukian | Aug. 19, 2021 |
H047748
|
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 |
|
A. Danner | Aug. 19, 2021 |
D076318
|
Turner v. Victoria
Corporations Code Section 5710(b) requires continuous membership in nonprofit public benefit corporation to bring derivative action. |
Corporations |
|
J. Irion | Aug. 19, 2021 |
20-15386
|
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 |
|
M. Schroeder | Aug. 19, 2021 |
18-72922
|
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 |
|
J. Nguyen | Aug. 19, 2021 |
18-15498
|
Ford v. Peery
Order |
|
Aug. 19, 2021 | ||
A158391
|
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 |
|
G. Sanchez | Aug. 18, 2021 |
A161417
|
In re I.S.
Juvenile court must provide notice and opportunity to be heard before modifying prior order. |
Juveniles |
|
J. Richman | Aug. 18, 2021 |
B302754
|
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 |
|
D. Perluss | Aug. 18, 2021 |
B306011
|
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 |
|
S. Ohta | Aug. 18, 2021 |
19-10228
|
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 |
|
P. Bumatay | Aug. 18, 2021 |
20-70238
|
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 |
|
D. Bress | Aug. 18, 2021 |
19-55807
|
Allison v. Tinder
Settlements that occur before class certification are subject to high procedural standards. |
Civil Procedure |
|
J. Rakoff | Aug. 18, 2021 |
20-55579
|
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 |
|
M. Smith | Aug. 18, 2021 |
20-71839
|
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 |
|
R. Nelson | Aug. 18, 2021 |