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Name Category Published
Hermosillo v. Garland
Noncitizen was entitled to merits hearting because his credible testimony regarding cartel violence against relatives was sufficient for preliminary showing that he faced reasonable possibility of torture if removed. 		Immigration 9th Sep. 15, 2023
Rudnitskyy v. Garland
Lawful permanent resident convicted of aggravated felony after residing in the United States for seven years was ineligible for relief because he committed the offense before the seven year period ended. 		Immigration 9th Sep. 15, 2023
Modification: Piedmont Capital Management, L.L.C. v. McElfish
Lender's breach action was timely as to missed monthly installment payments still within the limitations period and unpaid accelerated future payments because the borrower's duties under the agreement were divisible. 		Contracts 2DCA/2 Sep. 15, 2023
Marriage of C.D. and G.D.
Father had no right to object to Mother's educating decisions for their twin daughters because she had sole legal custody. 		Family Law 2DCA/6 Sep. 14, 2023
Fellowship of Christian Athletes v. San Jose Unified School District
School district's non-discriminatory student club policy was not generally applicable because the district retained and exercised discretion to exempt groups from the policy, subjecting it to strict scrutiny. 		Constitutional Law 9th Sep. 14, 2023
Junior Sports Magazines, Inc. v. Bonta
Plaintiff demonstrated a likelihood of success on the merits because California law restricting lawful commercial speech directed at minors regarding firearm-related products was more extensive than necessary. 		Constitutional Law 9th Sep. 14, 2023
U.S. v. Montoya
A court must orally pronounce all discretionary conditions of supervised release to protect a defendant's due process right to be present at sentencing. 		Criminal Law and Procedure 9th Sep. 14, 2023
People v. Slaton
Penal Code Section 352.2, which limits the admissibility of creative expression evidence (such as rap lyrics), does not apply retroactively. 		Criminal Law and Procedure 3DCA Sep. 13, 2023
In re Jerry R.
Disagreeing with other appellate courts, a welfare department must inquire into whether a child placed into protective custody is an Indian child. 		Juveniles 5DCA Sep. 13, 2023
Impossible Foods Inc. v. Impossible X LLC
Texas LLC was subject to specific personal jurisdiction in California for a trademark suit because it previously operated and built its trademarks and brand there. 		Civil Procedure 9th Sep. 13, 2023
Earth Island Institute v. Muldoon
Plaintiff could not demonstrate likelihood of success on the merits because challenged agency action was an identified categorical exclusion to environmental impact reporting requirements. 		Environmental Law 9th Sep. 13, 2023
People v. Escobedo
Trial court's order was nonappealable when it lacked jurisdiction to adjudicate petitions to strike prior prison term enhancements pursuant to Section 667.5(b). 		Criminal Law and Procedure 2DCA/6 Sep. 13, 2023
Doe v. Superior Court (Na Hoku, Inc.)
Fees and costs owed for a pending employee or consumer arbitration proceeding must be received by the arbitrator within 30 days and a check that arrived after was untimely. 		Arbitration 1DCA/3 Sep. 12, 2023
Estate of Sanchez
Non-attorney personal representative of estate proceeding without counsel in action filed on behalf of the estate that required representing the interests of others was an unauthorized practice of law. 		probate_and_trusts 6DCA Sep. 12, 2023
Swinomish Indian Tribal Community v. Lummi Nation
District Court correctly held that the Lummi Nation's usual and accustomed fishing grounds did not extend to the disputed waters at issue. 		Native American Affairs 9th Sep. 12, 2023
Marriage of C.D. and G.D.
Trial court was not required to order a child custody sexual abuse evaluation under Family Code Section 3118 to find that father sexually abused his twin daughters. 		Family Law 2DCA/6 Sep. 12, 2023
People v. Narro
Victims of defendant's sexual offenses were entitled to noneconomic damages to replace beds and living room furniture that reminded them of the sexual acts based on the psychological trauma suffered. 		Criminal Law and Procedure 4DCA/2 Sep. 11, 2023
Modification: Santa Rita Union School District v. City of Salinas
City was not required to include school project alternatives stemming from a potential lack of funding in its environmental impact report. 		Environmental Law 6DCA Sep. 11, 2023
People v. Aranda
Although peremptory challenges to prospective jurors for an expressed distrust of law enforcement were presumptively invalid by statute, the same was not true of challenges for cause for the same reasons. 		Criminal Law and Procedure 4DCA/3 Sep. 11, 2023
Alonso-Juarez v. Garland
A petitioner must file a petition for review of an immigration judge's determination of reasonable fear of persecution or torture thirty days after the reasonable fear proceeding. 		Immigration 9th Sep. 11, 2023
Yeh v. Superior Court (Mercedes-Benz USA, LLC)
Nonsignatory car manufacturer could not enforce arbitration provisions based on equitable estoppel where the plaintiffs' claims were not intimately founded and intertwined with the agreements containing the provisions. 		Arbitration 1DCA/4 Sep. 8, 2023
United Aeronautical Corp. v. United States Air Force
Because plaintiff government contractor's claim fell within the Contract Disputes Act's exclusive jurisdiction, those claims required litigation in the Court of Federal Claims. 		Government 9th Sep. 8, 2023
Saloojas Inc. v. Aetna Health of California Inc.
Section 3202(a)(2) of the CARES Act does not create a private right of action for providers to sue insurers. 		Health Care 9th Sep. 8, 2023
Baird v. Bonta
Plaintiffs' preliminary injunction for an alleged Second Amendment constitutional violation was improperly dismissed because the district court failed to analyze the claim's likelihood of success on the merits. 		Civil Procedure 9th Sep. 8, 2023
Tsakopoulos Investments, LLC v. County of Sacramento
Lead agency's methodology for estimating project's greenhouse gas emissions differed from methodologies previously rejected by the California Supreme Court for lack of substantial evidence. 		Environmental Law 3DCA Sep. 8, 2023
In re N.F.
Section 388 petition to reinstate reunification services could not be used to allege Indian Child Welfare Act violation that had been part of a permanency order decided a year prior. 		Dependency 2DCA/3 Sep. 7, 2023
Marquez v. Rodriguez
Court declined to create a new *Bivens* action for plaintiff's Fifth Amendment failure-to-protect claim against jail officers who refused to place him in protective custody. 		Civil Rights 9th Sep. 7, 2023
Estate of Wheeler v. Garrison Property and Casualty Insurance Company
Order 		9th Sep. 7, 2023
In re V.C.
Rejecting other appellate opinions to the contrary, the duty to make ICWA inquiry of "extended family members" applies even if the children were not taken into "temporary custody" pursuant to Section 306. 		Dependency 1DCA/2 Sep. 7, 2023
People v. Perez-Robles
Unlawful restraint does not require physical restraint and may be accomplished by perpetrator's words, acts, or authority. 		Criminal Law and Procedure 3DCA Sep. 7, 2023
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