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Marroquin v. City of Los Angeles
"Reasonable diligence" is an express requirement to receive relief from judgment under FRCP 60(b)(2), which even the "conclusive" nature of newly discovered evidence cannot excuse. 		Civil Procedure 9th Aug. 28, 2024
Salas v. U.S.
Animal Welfare Act's amended prohibition on cockfighting applied to the Mariana Islands where the prohibition met applicability requirements of the Covenant establishing relations between the United States and the Islands. 		Animal Law 9th Aug. 28, 2024
People v. Dauterman
Credits for time served on suspended sentence did not reduce felony defendant's period of probation. 		Criminal Law and Procedure 3DCA Aug. 27, 2024
In re Complaint of Judicial Misconduct
Order 		9th Aug. 27, 2024
Zia v. Garland
Ninth Circuit lacked jurisdiction to address defendant's factual challenge to the adverse credibility finding made by the Bureau of Immigration Appeals. 		Immigration 9th Aug. 27, 2024
Meza-Carmona v. Garland
Foreign-born appellant's application for citizenship was properly denied when he failed to show by preponderance of evidence that his mother met continuous physical presence requirement. 		Immigration 9th Aug. 27, 2024
In re Tellez
Defendant was unable to show that counsel's failure to advise him of possible Sexually Violent Predator Act commitment following a guilty plea prejudiced his decision to take the deal. 		Criminal Law and Procedure CASC Aug. 27, 2024
Modification: Meinhardt v. City of Sunnyvale
In administrative mandate proceedings, the time for filing an appeal does not begin to run until entry, or notice of entry, of a judgment. 		Civil Procedure CASC Aug. 26, 2024
People v. Guenther
Instructing jury on elements of sodomy and oral copulation by duress not error where the prosecution chose to frame its case in those terms and presented evidence supporting that theory. 		Criminal Law and Procedure 6DCA Aug. 26, 2024
People v. Brannon-Thompson
At a Section 1172.75 resentencing, the Penal Code does not require aggravating factors to be found true beyond a reasonable doubt if the upper term was previously imposed. 		Criminal Law and Procedure 3DCA Aug. 26, 2024
Sellers v. Superior Court (People)
Presence of a "usable" amount of unlawfully possessed marijuana, together with the other facts observed or known to the police officers, provided probable cause to search the vehicle. 		Criminal Law and Procedure 3DCA Aug. 26, 2024
People v. Holliday
Conviction reversed where trial court's modified jury instruction could cause jury confusion as to the standard of proof necessary for conviction. 		Criminal Law and Procedure 4DCA/1 Aug. 26, 2024
Malinowski v. Martin
Dashcam evidence of communications during supervised exchange of children involved in a domestic violence dispute was not confidential under the Privacy Act. 		Evidence, Family Law 1DCA/3 Aug. 26, 2024
People v. Anderson
Though felons' right to bear arms is constitutionally protected, because California's regulations of felons' firearm possession comport with traditional firearm regulation, they do not violate that right. 		Criminal Law and Procedure 1DCA/3 Aug. 26, 2024
Zeyen v. Bonneville Joint District
Idaho Constitution's provision of "free common schools" did not give rise to a vested private property interest in specific educational benefits to which the Takings Clause could attach. 		Constitutional Law 9th Aug. 26, 2024
Amended Opinion: Lytle v. Nutramax Laboratories,Inc.
At the class certification stage, plaintiffs may use a reliable, unexecuted damages model to show that damages are susceptible to common proof. 		Civil Procedure 9th Aug. 26, 2024
In re: Kirkland and Rund
Mens rea instruction for a Ponzi scheme was unnecessary because fraudulent intent is presumed from evidence of the existence of a Ponzi scheme established through objective criteria. 		Bankruptcy 9th Aug. 26, 2024
C.R. Bard, Inc. v. Atrium Medical Corp.
A minimum royalty provision applicable to two patents was still enforceable following the expiration of one of the patents. 		Patent Law, Contracts 9th Aug. 26, 2024
Cisneros v. Dept. of Motor Vehicles
DUI drivers' petition for rehearing was granted after Department of Motor Vehicle hearing officers' improperly denied drivers' request for continuances. 		Administrative Agencies 5DCA Aug. 23, 2024
People v. Sorto
A functionally-equivalent LWOP sentence for a minor should be treated equivalently to an explicit LWOP for the purposes of resentencing following the amendment of the Penal Code. 		Criminal Law and Procedure, Constitutional Law 2DCA/3 Aug. 23, 2024
Mayes v. American Hallmark Insurance Co.
Notice of removal filed after the defendant had received the complaint but before formal service was timely because the removal statute did not require formal service as a prerequisite. 		Civil Procedure 9th Aug. 23, 2024
Ronderos v. USF Reddaway Inc.
District court did not abuse its discretion in declining to sever unconscionable terms of an arbitration agreement containing unfair surprise and one-sided terms. 		Arbitration 9th Aug. 23, 2024
Miller v. Sawant
Parties seeking to depose expert witnesses were responsible for the experts' reasonable fees incurred during, and in preparation for, the depositions regardless of the ultimate admissibility of their opinions. 		Civil Procedure 9th Aug. 23, 2024
Estate of Bride v. Yolo Technologies Inc.
Communications Decency Act did not shield anonymous messaging app from plaintiffs' misrepresentation claims. 		Cyber Law 9th Aug. 23, 2024
U.S. v. Trumbull
Defining a "semi-automatic firearm capable of accepting a large capacity magazine" as one that is capable of attaching of magazine of fifteen or more rounds was reasonable in light of numerous states and Congress adopting similar definitions. 		Criminal Law and Procedure 9th Aug. 23, 2024
Rattagan v. Uber Technologies, Inc.
A plaintiff may assert a fraudulent concealment claim arising from the performance of a contract if the elements of the claim can be established independently and the tortious conduct exposes plaintiff to a risk of harm beyond the parties' reasonable contemplation. 		Torts, Contracts CASC Aug. 23, 2024
City of Los Angeles v. Pricewaterhousecoopers, LLP
Section 2023.030 of the Civil Discovery Act gives courts authority to address egregious forms of misconduct not otherwise addressed by the Act. 		Civil Procedure CASC Aug. 23, 2024
Mahram v. The Kroger Co.
Ralphs grocery store could not compel a consumer's claims to arbitration by invoking the terms of service in his agreement with Instacart, the service that delivered the groceries. 		Arbitration 2DCA/8 Aug. 22, 2024
Samuelian v. Life Generations Healthcare, LLC
Where owners sell only partial interest in company, reasonableness standard rather than void per se must be applied to determine whether noncompete clause is valid. 		Contracts, Business Law 4DCA/3 Aug. 22, 2024
Cogan v. Trabucco
Federal action seeking to collaterally attack state court judgement was not barred because the underlying case arose in the bankruptcy court and was within the federal courts' exclusive jurisdiction. 		Civil Procedure, Bankruptcy 9th Aug. 22, 2024
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