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Corpeno-Romero v. Garland
Board of Immigration Appeals erred by failing to consider the existence and impact of gang's specific and credible threats towards asylum seekers.
Immigration 9th Oct. 24, 2024
Al Otro Lado v. Mayorkas
Noncitizens refused processing under border "metering" policy after presenting themselves at ports of entry were entitled to relief because border officials withheld a mandatory duty to inspect them for admissibility.
Immigration 9th Oct. 24, 2024
Committee to Recall Dan Holladay v. Wiley
Order
9th Oct. 24, 2024
Lerner & Rowe PC v. Brown Engstrand & Shely LLC
Plaintiff's trademark infringement claim was precluded by its failure to support that defendant's use of plaintiff's registered name as a Google Ads keyword caused more than de minimis confusion.
Intellectual Property 9th Oct. 23, 2024
U.S. v. Le
Defendant was not entitled to a reduced sentence under U.S. Sentencing Guideline Section 2X1.1(b)(2), because the robbery conspiracy's failure was due to circumstances beyond the conspirators' control.
Criminal Law and Procedure 9th Oct. 23, 2024
A.D. Improvements v. Dept. of Transportation
The Streets and Highways Code requiring Caltrans to sell an excess property to its lessor necessitated only that the property be commercial at the time it was deemed excess.
Real Property 4DCA/1 Oct. 23, 2024
People ex rel. Elliott v. Kaiser Foundation Health Plan
Trial court inappropriately exercised judicial discretion over a claim against an insurance provider with a clear statutory violation.
Insurance 4DCA/1 Oct. 23, 2024
Kohn v. State Bar of California
Courts must analyze on a claim-by-claim basis whether Title II of the Americans with Disabilities Act validly abrogates state sovereign immunity as to the specific conduct at issue.
Constitutional Law, Attorneys 9th Oct. 22, 2024
People v. Alazar
Defendant's record of conviction did not conclusively establish Penal Code Section 1172.6 ineligibility where defendant's plea did not admit the truth of any alleged facts.
Criminal Law and Procedure 2DCA/6 Oct. 22, 2024
Pompey v. Bank of Stockton
The "rescission-and-restitution" remedy of the Automobile Sales Finance Act is a penalty and therefore ubject to a one-year statute of limitations.
Remedies 5DCA Oct. 22, 2024
People v. Nuno
The *Brady* duty to disclose material exculpatory evidence applies to discovery motions in a Section 1172.6 resentencing hearing.
Criminal Law and Procedure 6DCA Oct. 21, 2024
Roberson v. Texas
Order
USSC Oct. 21, 2024
Hamlin v. Jendayi
Despite not being trustees or trust beneficiaries, probate court did not err in granting intestate heirs standing to contest trust provisions under Probate Code Section 17200.
Trust and Estates 1DCA/3 Oct. 21, 2024
West Virginia v. EPA
Order
USSC Oct. 18, 2024
In re: Thomas Eugene Creech
Judge should have recused herself due to her relationship with the prosecutor involved in an inmate's allegations of prosecutorial misconduct, as it created the appearance of injustice.
Judges 9th Oct. 18, 2024
Rose Court, LLC v. Select Portfolio Servicing, Inc.
Bankruptcy court properly denied motion to amend under "two-dismissal rule" where plaintiff had previously asserted and voluntarily dismissed proposed claims in previous civil actions.
Civil Procedure, Bankruptcy 9th Oct. 18, 2024
Montejo-Gonzalez v. Garland
Two major car accidents delaying Petitioner, who would have otherwise timely attended her immigration hearing, constituted "exceptional circumstances" meriting a reopening of her case.
Immigration 9th Oct. 18, 2024
People v. O'Bannon
Opinion
2DCA/3 Oct. 16, 2024
People v. O'Bannon
End date for determining Penal Code Section 1585(c)(2)(H)'s applicability to strike or dismiss defendant's prior conviction enhancements was the date defendant committed the current offense.
Criminal Law and Procedure 2DCA/3 Oct. 17, 2024
West v. Solar Mosaic, LLC
Opinion
2DCA/8 Oct. 16, 2024
Tuli v. Specialty Surgical Center of Thousand Oaks, LLC
Business judgment rule's conflict-of-interest exception was inapplicable given that evidence supported that company board's decision was rational and benefited the company.
Business Law 2DCA/8 Oct. 17, 2024
West v. Solar Mosaic, LLC
Trial court properly declined to enforce arbitration provision, where plaintiff with dementia did not ratify the agreement and likely lacked the capacity to execute in the first place.
Arbitration 2DCA/8 Oct. 17, 2024
Casun Invest, A.G. v. Ponder
District court did not err in applying Nevada's four-year statute of limitations to unjust enrichment claim concerning a California property and a Nevada LLC.
Civil Procedure, Torts 9th Oct. 16, 2024
Howard Jarvis Taxpayers Assn. v. Powell
Public interest exemption to anti-SLAPP statute did not apply because no public interest was advanced by suing individual defendants for relief that only defendant Water District could provide.
Anti-SLAPP, Municipal Law 4DCA/2 Oct. 15, 2024
Gorobets v. Jaguar Land Rover North America, LLC
Plaintiff's rejection of simultaneous offers to compromise warranted cost shifting where one offer was invalid but the other was valid and the plaintiff failed to achieve a more favorable judgment.
Civil Procedure 2DCA/2 Oct. 14, 2024
U.S. v. Korotkiy
Chief Engineer of foreign-flagged ship may be held criminally liable for inaccurate records of "oily bilge water" dumping in U.S. waters.
Maritime Law, Environmental Law 9th Oct. 14, 2024
Total Terminals International v. Director, Office of Worker's Compensation
An injured longshoreman with hearing loss in only one ear but bilateral tinnitus is properly compensated at the statutory rate for hearing loss in one ear.
Workers' Compensation 9th Oct. 14, 2024
Ramirez v. City of Indio
City Manager was not bound by an arbitrator's findings with respect to the evidence supporting termination of a police officer under the City of Indio's Memorandum of Understanding.
Government, Employment Law 4DCA/1 Oct. 14, 2024
Katayama v. Continental Investment Group
Trial court erred in determining that plaintiff's response to requests for admission, including waived objections, failed Code of Civil Procedure Section 2033.220 "substantial compliance" requirement.
Civil Procedure 4DCA/3 Oct. 11, 2024
People v. SanMiguel
No substantial likelihood that peremptory challenge to juror was based on his race where trial court also observed the behaviors proffered as the basis for the challenge.
Criminal Law and Procedure, Civil Procedure 2DCA/6 Oct. 10, 2024