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Yedinak v. Superior Court (People)
Writ of mandate was issued where pretrial detention order denied bail without clear and convincing evidence that the defendant's release was likely to result in great bodily harm to others.
Criminal Law and Procedure 4DCA/2 Jun. 27, 2023
Lauckhart v. El Macero Homeowners Assn.
Trial court correctly sustained demurrer without leave to amend where, despite several amendments, the complaint failed to plead fraud with particularity.
Civil Procedure 3DCA Jun. 27, 2023
Seaplane Adventures LLC v. County of Marin
Summary judgment was proper on air carrier's "class of one" equal protection claim where bases for County's alleged disparate treatment of air carrier under COVID-19 health orders were rational.
Civil Rights 9th Jun. 27, 2023
Leuthauser v. U.S.
Summary judgment was not appropriate on plaintiff's alleged sexual assault claim against transportation security officer because the officer fell within the Federal Tort Claims Act's law enforcement proviso.
Immunity 9th Jun. 27, 2023
Ramirez Munoz v. Garland
Petitioner's misrepresentations about citizenship to police for the purpose of avoiding removal proceedings did not render him inadmissible and therefore ineligible for adjustment of immigration status.
Immigration 9th Jun. 27, 2023
Harper v. Nedd
Bureau of Land Management employee's claims for *Bivens* damages from Fifth Amendment due process violation was denied because Congress had already provided a remedy for his claims.
Civil Rights 9th Jun. 27, 2023
People v. Prudholme
Assembly Bill 1950 reduced the probation period of Defendant's plea agreement for second degree robbery but did not affect the rest of the agreement.
Criminal Law and Procedure CASC Jun. 27, 2023
Law Finance Group, LLC v. Key
Code of Civil Procedure Section 1288.2's deadline for seeking vacatur of an arbitral award is a nonjurisdictional statute of limitations.
Civil Procedure CASC Jun. 27, 2023
U.S v. Hansen
Immigration statute prohibiting encouraging or inducing unlawful immigration was not unconstitutionally overbroad because those terms had well-established legal meanings, so it did not prohibit a substantial amount of protected speech.
Immigration USSC Jun. 26, 2023
United States v. Hansen
USSC Jun. 23, 2023
U.S v. Texas
States lacked standing to challenging presidential administration's immigration-enforcement guidelines because their alleged injury was not redressable by the court due to the Executive Branch's exclusive discretion to prosecute offenses.
Constitutional Law USSC Jun. 26, 2023
Coinbase, Inc. v. Bielski
District court proceedings should have been stayed while interlocutory appeal from denial of motion to compel arbitration was pending because the whole matter was involved in the appeal.
Arbitration USSC Jun. 23, 2023
Samia v. U.S.
Admission of driver's confession in joint murder-for-hire trial did not violate the shooter's Confrontation Clause rights because it was altered to include neutral references to some "other person."
Criminal Law and Procedure USSC Jun. 26, 2023
Davis v. Cranfield Aerospace Solutions, Ltd.
Idaho District Court lacked personal jurisdiction over English aerospace company in an action brought by plaintiffs from Louisiana and Indiana stemming from a plane crash that occurred in Indiana.
Civil Procedure 9th Jun. 26, 2023
Minser v. Collect Access, LLC
Debt collector violated the Rosenthal Act where it attempted to collect a judgment without taking reasonable efforts that would have revealed the debtor had not received service of process.
Consumer Law 2DCA/1 Jun. 23, 2023
Arizona v. Navajo Nation
Despite implicitly reserving water rights for Navajo Tribe, 1868 Treaty did not establish judicially enforceable duty for the United States to take affirmative steps to secure water for the Tribe.
Native American Affairs USSC Jun. 23, 2023
Jones v. Hendrix
The savings clause of 18 U.S.C. Section 2255 does not allow a prisoner to file a successive Section 2241 habeas corpus petition based on new interpretation of a criminal statute.
Prisoners' Rights USSC Jun. 23, 2023
Yegiazaryan v. Smagin
Plaintiff pursuing private action under RICO statute sufficiently alleged a domestic injury where the alleged circumstances surrounding the injury indicated it arose in the United States.
Torts USSC Jun. 23, 2023
Pugin v. Garland
Noncitizens' criminal offenses made them eligible for removal because they were aggravated felonies related to the obstruction of justice even though there was no associated pending investigation or proceeding.
Immigration USSC Jun. 23, 2023
People v. Lewis
Force element required for kidnapping with intent to rape was relaxed to the level applied in child kidnapping cases because the intoxicated adult victim could not consent to being moved.
Criminal Law and Procedure CASC Jun. 23, 2023
Leon v. County of Riverside
Riverside deputies were not immune from liability for leaving naked, deceased man uncovered during eight hour investigation since Government Claims Act only prevented liability for prosecuting or instituting an action.
Government CASC Jun. 23, 2023
Discovery Builders v. City of Oakland
Contractual provision ostensibly preventing the City of Oakland from imposing new impact fees on a development was invalid because it was an impermissible infringement of the City's inherent police power.
Municipal Law 1DCA/3 Jun. 23, 2023
In re: RS Air, LLC
Creditors' suit against debtor's alleged alter egos did not violate bankruptcy discharge injunction because the discharge injunction was limited to the debtor personally.
Bankruptcy BAP Jun. 22, 2023
U.S. v. Hollins
Guilty plea underlying defendant's appellate waiver was knowing and voluntary despite the fact the defendant was not informed of the potential collateral consequences of his plea.
Criminal Law and Procedure 9th Jun. 21, 2023
Figueroa Ochoa v. Garland
Ninth Circuit court lacked jurisdiction to hear petitioner's appeal from Board of Immigration's decision to denying his request to cancel removal or adjust his immigration status.
Immigration 9th Jun. 21, 2023
South Lake Tahoe Property Owners Group v. City of South Lake Tahoe
South Lake Tahoe vacation home renters did not have a vested constitutional property right from reliance on vacation home rental permits because the rental permits only granted a revocable license.
Real Property 3DCA Jun. 21, 2023
In re H.B.
Family services department's inquiry under ICWA into child's potential Indian heritage was adequate where the department asked two generations of relatives from both sides of the family about such heritage.
Dependency 2DCA/8 Jun. 21, 2023
Bennett v. Ohio National Life Assurance Corp.
Statutes of limitation for insured's breach of contract and covenant of good faith claims against insurance company did not begin to run until the company stopped making disability payments.
Insurance 1DCA/3 Jun. 21, 2023
People v. Tilley
Trial court properly imposed the middle term on defendant with mental health issues for a prior serious strike where the defendant failed to object to the imposition of the sentence.
Criminal Law and Procedure 3DCA Jun. 21, 2023
McConnell v. Advantest America
Subpoenas issued by arbitrator on nonparty requiring production of documents at a hearing set for that purpose was an impermissible use of the arbitrator's subpoena power for discovery purposes.
Arbitration 4DCA/1 Jun. 20, 2023