| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
22-10247
|
U.S. v. Bellot
Because indictment provided defendant with sufficient notice of charges, slight change in wording between charge versus jury instruction did not constitute constructive amendment requiring a new trial. |
Criminal Law and Procedure |
|
R. Clifton | Aug. 22, 2024 |
|
23-15712
|
U.S. v. Hughes
Willful violations of the requirement to file Reports of Foreign Bank and Financial Accounts included reckless violations. |
Banking |
|
L. Koh | Aug. 22, 2024 |
|
D082232
|
People v. Green
Defendant was eligible for resentencing under the amended Penal Code, as his prior prison enhancement was not based specifically on his prior conviction for a sexually violent offense. |
Criminal Law and Procedure |
|
W. Dato | Aug. 22, 2024 |
|
D083713
|
Estate of Williams
Father's exclusion of other known children from trust indicated his intent to benefit only two named children, thereby precluding his unknown child's claim to a share of the estate. |
probate_and_trusts |
|
J. Castillo | Aug. 22, 2024 |
|
E081228
|
Riverside Mining Limited v. Quality Aggregates
Defendant was not entitled to attorneys' fees following plaintiff's voluntary dismissal despite a rejected 998 Offer and a prevailing-party attorneys' fees clause. |
Civil Procedure |
|
M. Raphael | Aug. 21, 2024 |
|
E080594
|
Syre v. Douglas
Denying motion to disqualify counsel was appropriate where prospective client did not provide relevant confidential information to an attorney or demonstrate she would be harmed by the information provided. |
Attorneys |
|
M. Ramirez | Aug. 21, 2024 |
|
B320547
|
Westside Los Angeles Neighbors Network v. City of Los Angeles
Despite being a non-elected body, the City of LA's Planning Commission had authority under CEQA to approve multi-component project's final environmental impact report. |
Environmental Law |
|
B. Currey | Aug. 21, 2024 |
|
E078961
|
Riversiders Against Increased Taxes v. City of Riverside
The State's definition of "special election" preempted the City of Riverside's charter for the purposes of adopting a new taxation measure. |
Government |
|
M. Ramirez | Aug. 21, 2024 |
|
22-16993
|
Calhoun v. Google, LLC
District court erroneously failed to conduct a "reasonable person" analysis in determining whether plaintiff consumers had consented to Google's collection and use of their data. |
Consumer Law |
|
M. Smith | Aug. 21, 2024 |
|
23-15170
|
Abbey v. U.S.
Sovereign immunity shielded government from plaintiffs' Federal Tort Claims Act claim alleging government's misrepresentation as to Hunter Point Shipyard's environmental hazardous condition. |
Immunity |
|
K. Lee | Aug. 21, 2024 |
|
22-16816
|
J.B. v. Kyrene Elementary School District
School district notice to a parent terminating further discussions of a disabled child's education plan was harmless error where, although stated reason was improper, the district had valid reasons for terminating discussions. |
Education, Administrative Agencies |
|
S. Murphy | Aug. 21, 2024 |
|
G063224
|
People v. Ramirez
Suppression was not warranted where firearm was discovered in plain view after police officers ordered driver to exit his vehicle pursuant to a lawful detention for a traffic violation. |
Criminal Law and Procedure |
|
E. Moore | Aug. 21, 2024 |
|
B327891
|
People v. Obermueller
Jury instruction on lesser offense of attempted stalking was not necessary where evidence showed the defendant had recklessly used intermediaries to convey his threats to his target. |
Criminal Law and Procedure |
|
J. Wiley | Aug. 20, 2024 |
|
24A78
|
Department of Education v. Louisiana
Order |
|
Aug. 20, 2024 | ||
|
22-35449
|
Jama v. State Farm Mutual Automobile Insurance Company
District court improperly applied *Lara v. First National Insurance* to decertify class that alleged car insurer illegally applied a "negotiation discount" to payments for totaled cars. |
Insurance |
|
J. Rakoff | Aug. 20, 2024 |
|
23-15036
|
Melendres v. Skinner
District court's appointment of independent monitors in response to sheriff's racial profiling practices did not violate Article III or separation of power principles. |
Constitutional Law |
|
J. Wallace | Aug. 20, 2024 |
|
23-716
|
U.S. v. Manney
An individual purchasing firearms did not have the constitutional right to lie about the identity of the actual purchaser. |
Constitutional Law, Criminal Law and Procedure |
|
A. De Alba | Aug. 20, 2024 |
|
S275578
|
In re Dezi C.
Failure to conduct an adequate inquiry under the Indian Child Welfare Act requires conditional reversal to comply with the statute's inquiry provisions. |
Dependency |
|
K. Evans | Aug. 20, 2024 |
|
S276649
|
In re Kenneth D.
Absent exceptional circumstances, a reviewing court may not consider postjudgment evidence to conclude an inadequate Indian Child Welfare Act inquiry was harmless. |
Dependency |
|
C. Corrigan | Aug. 20, 2024 |
|
22-35877
|
Neiss v. Bludworth
Because pro se habeas petitioner's ineffective assistance of counsel claim was not patently frivolous, even supported by a prior dissenting opinion, district court erred in summarily dismissing his appeal. |
Criminal Law and Procedure |
|
K. Wardlaw | Aug. 19, 2024 |
|
22-970
|
Amended Opinion: Tapia Coria v. Garland
Ninth Circuit lacked jurisdiction to review Board of Immigration Appeals determination because *Nasrallah v. Barr* abrogated the "on the merits" exception to the "criminal alien bar." |
Immigration |
|
D. Bress | Aug. 19, 2024 |
|
23-2969
|
Netchoice LLC v. Bonta
The California Age-Appropriate Design Code Act's requirement that businesses opine on and mitigate the risk of children's exposure to potentially harmful materials online likely facially violates the First Amendment. |
Constitutional Law |
|
M. Smith | Aug. 19, 2024 |
|
23-50041
|
U.S. v. Chichande
District court did not err in denying "minor role" reduction because it properly identified all individuals for which there was sufficient evidence of their participation in defendant's crimes. |
Criminal Law and Procedure |
|
M. Bennett | Aug. 16, 2024 |
|
23-55726
|
Election Integrity Project CA, Inc. v. Weber
District court did not err in dismissing claim that California's vote-by-mail unconstitutionally diluted votes when plaintiffs failed to allege facts substantiating their claim. |
Constitutional Law |
|
K. Wardlaw | Aug. 16, 2024 |
|
22-16671
|
Malone v. Williams
Order |
|
Aug. 16, 2024 | ||
|
23-1827
|
Rana v. Jenkins
Defendant did not fall within extradition treaty's non bis in idem exception where foreign charges contained distinct elements from the offenses for which he was acquitted in the United States. |
Criminal Law and Procedure, International Law |
|
M. Smith | Aug. 16, 2024 |
|
22-1910
|
Bent v. Garland
California Penal Code Section 1473.7(a)(1) does not allow for vacatur of state convictions solely to alleviate immigration consequences and therefore can affect a conviction's validity for immigration purposes. |
Immigration |
|
S. Mendoza | Aug. 16, 2024 |
|
S279137
|
Stone v. Alameda Health System
Hospital authority was a public employer the Legislature intended to be exempt from Labor Code statutes regarding meal and rest breaks and timely payment of wages. |
Employment Law |
|
C. Corrigan | Aug. 16, 2024 |
|
S278309
|
People v. Walker
Penal Code Section 1385(c)(2) does not create a rebuttable presumption in favor of dismissing sentencing enhancements that can only be overcome by a finding that dismissal endangers public safety. |
Criminal Law and Procedure |
|
J. Groban | Aug. 16, 2024 |
|
G063288
|
Bijan Boutiques v. Isong
Trial court judgment in divorce proceeding awarding defendant with the only marital property located in the United States was not subject to Uniform Voidable Transactions Act. |
Family Law |
|
T. Goethals | Aug. 15, 2024 |
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