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Name Category Published
People v. Stewart
'Romero' motion cannot be used to bypass Penal Code Section 1170.91 determinate sentence requirement. 		Criminal Law and Procedure 4DCA/2 Jul. 13, 2021
U.S. v. Bastide-Hernandez
Jurisdiction of immigration court to enter order of removal vests upon filing of Notice to Appear, even one that does not inform alien of time, date, and location of hearing. 		Immigration 9th Jul. 13, 2021
National Labor Relations Board v. Nexstar Broadcasting Inc.
Collective bargaining agreement must explicitly provide for survival of expired contract rights. 		Labor Law 9th Jul. 13, 2021
B.R. v. Garland
Improper service of Notice to Appear on minor-alien released from DHS custody was cured when DHS later perfected service by re-serving his attorney before substantive removal proceedings began. 		Immigration 9th Jul. 13, 2021
Shalabi v. City of Fontana
Plaintiff's 18th birthday should have been excluded pursuant to Code of Civil Procedure Section 12 in calculating when statute of limitations period started running after tolling during minority ended. 		Civil Procedure CASC Jul. 13, 2021
In re Matthew W.
Armed police officer's questioning of minor inside his home at 6:00 a.m. after learning he stabbed victim constituted custodial interrogation. 		Juveniles 1DCA/2 Jul. 12, 2021
Escobar Santos v. Garland
California conviction for forgery of driver's license constitutes aggravated felony rendering petitioner ineligible for voluntary departure. 		Immigration 9th Jul. 12, 2021
U.S. v. Minasyan
Where defendant had adequate opportunity to contest loss amount at sentencing hearing, plea is not involuntary. 		Criminal Law and Procedure 9th Jul. 12, 2021
U.S. v. Palomar-Santiago
Order 		9th Jul. 12, 2021
Haytasingh v. City of San Diego
Trial court erroneously instructed jury that City was exempt from Harbors and Navigation Code Section 655.2, which imposes speed limit of five miles per hour on water vessels in certain areas. 		Government 4DCA/1 Jul. 12, 2021
In re Charles W., Jr.
No 'reason to believe' children were of Native American ancestry because juvenile court held in prior dependency case that Indian Child Welfare Act did not apply and mother's counsel denied Indian heritage. 		Native American Affairs 4DCA/1 Jul. 12, 2021
Slidewaters v. Washington State Dep't of Labor
Governor of Washington had lawful authority to declare state of emergency because COVID-19 pandemic is both 'public disorder' and 'disaster' affecting 'life and health' in Washington. 		Civil Rights 9th Jul. 9, 2021
Killgore v. City of South El Monte
Massage establishments are 'closely regulated' industries and thus fall within Fourth Amendment's warrantless search exception. 		Civil Rights 9th Jul. 9, 2021
Conservatorship of A.B.
Court cannot transfer to public guardian its authority to decide if collection of fee would pose undue financial hardship on conservatee. 		Conservatorship 1DCA/4 Jul. 9, 2021
Amended Opinion: Ironhawk Technologies v. Dropbox
There was genuine dispute of material fact as to likelihood of consumer confusion under reverse confusion theory of infringement. 		Intellectual Property 9th Jul. 8, 2021
Khosravan v. Chevron Corp.
Code of Civil Procedure Section 998 offer requiring plaintiff to indemnify defendant against claims by third parties would be less favorable than jury's award and difficult to quantify. 		Remedies 2DCA/7 Jul. 8, 2021
Bailey v. Citibank, N.A.
In adverse possession cases, true ownership requires holding title not lien. 		Real Property 5DCA Jul. 8, 2021
Modification: People v. Sanchez
Evidence was insufficient to support conviction for possession of controlled substance while armed with firearm because firearm was not available for immediate defensive or offensive use. 		Criminal Law and Procedure 6DCA Jul. 8, 2021
Tomczyk v. Garland
Order 		9th Jul. 8, 2021
U.S. v. Briones
Order 		9th Jul. 8, 2021
Setty v. Shrinivas Sugandhalaya
Nonsignatory party to partnership deed may compel arbitration but enforcing equitable estoppel principles requires that dispute's subject matter be intertwined into agreement providing for arbitration. 		Arbitration 9th Jul. 8, 2021
Posos-Sanchez v. Garland
Petitioner was not lawfully admitted to United States because 'inspection and authorization' in San Clemente, California was not 'port of entry.' 		Immigration 9th Jul. 8, 2021
In re: Thomas A. Perez
To bar debtor from asserting homestead exemption under Bankruptcy Code Section 522(g), trustee must make explicit statement to debtor that trustee intends to recover property interest. 		Bankruptcy BAP Jul. 8, 2021
Bullseye Telecom, Inc. v. California Public Utilities Commission
Because no factual developments occurred after its decision, Public Utilities Commission was not required to hold evidentiary hearings in issuing rehearing decision. 		Administrative Agencies 1DCA/5 Jul. 8, 2021
Starcevic v. Pentech Financial Services, Inc.
Partition action statutory scheme does not excuse appellant's non-compliance with Enforcement of Judgments Law. 		Civil Procedure 4DCA/1 Jul. 8, 2021
Amended Opinion: Breslin v. Breslin
Defendants forfeited their interest in settlement between appearing beneficiaries when defendants failed to participate in mediation ordered by probate court. 		probate_and_trusts 2DCA/6 Jul. 8, 2021
People v. Dominguez
Gang member lunging at rivals while reaching for apparent weapon coupled with 'where you from' constituted substantial evidence from which jury could find objective provocation for heat of passion. 		Criminal Law and Procedure 4DCA/1 Jul. 7, 2021
People v. Clayton
Jury's unanimous rejection of felony-murder special-circumstance allegation establishes petitioner's entitlement to relief under Penal Code Section 1170.95 as matter of law. 		Criminal Law and Procedure 2DCA/2 Jul. 7, 2021
Certified Tire & Service Centers Wage & Hour Cases
Where employer pays according to its contract and at least statutory minimum wage, its legal obligation is fulfilled even if pay increases fluctuate based on productivity. 		Employment Law 4DCA/1 Jul. 7, 2021
Ramirez v. Gilead Sciences, Inc.
Corporations Code Section 1601 extends right to inspect corporation's books and records to shareholders; thus, petitioner lacked standing as beneficial owner of shares. 		Corporations 1DCA/3 Jul. 7, 2021
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