Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-55251
|
Nutrition Distribution v. IronMag Labs
Appeal was untimely as to district court's judgment because motion for attorneys' fees did not extend time to appeal, and district court did not enter order extending time pursuant to Rule 58. |
Civil Procedure |
|
D. Bress | Aug. 26, 2020 |
17-72318
|
Iman v. Barr
In order to base adverse credibility determination on petitioner's nonresponsiveness, agency must identify specific instances, supported by the record, where petitioner did not respond. |
Immigration |
|
B. Baldock | Aug. 26, 2020 |
17-70624
|
Yim v. Barr
California Penal Code Section 118(a) was a categorical match with Board of Immigration Appeals' generic definition of perjury, and thus constituted an 'aggravated felony.' |
Immigration |
|
S. Ikuta | Aug. 26, 2020 |
17-16984
|
Guenther v. Lockheed Martin
Plaintiff's claim of breach of fiduciary duty in violation of Employee Retirement Income Security Act was time-barred under 29 U.S.C. Section 1113(2). |
Civil Procedure |
|
R. Nelson | Aug. 26, 2020 |
S132449
|
People v. Peterson
Prospective jurors may not be disqualified from service in a capital case solely because of their general objections to the death penalty. |
Criminal Law and Procedure |
|
L. Kruger | Aug. 25, 2020 |
A156552
|
Frausto v. Dept. of the Cal. Highway Patrol
Law enforcement officers and arrestees have a special relationship where officers owe arrestees a duty of reasonable care. |
Torts |
|
J. Kline | Aug. 25, 2020 |
B300910
|
People v. Valdes
Defendant was entitled to 258 days actual custody credit instead of 257 days. |
Criminal Law and Procedure |
|
A. Gilbert | Aug. 25, 2020 |
C088829
|
People v. Belche
Trial court did not have jurisdiction to find defendant violated probation based on his indecent exposure because defendant's probation had been formally revoked and not reinstated. |
Criminal Law and Procedure |
|
L. Mauro | Aug. 25, 2020 |
B299907
|
Skinner v. Ken's Foods, Inc.
Trial court properly awarded respondents catalyst fee award because respondents were successful parties under Code of Civil Procedure Section 1021.5. |
Remedies |
|
M. Tangeman | Aug. 25, 2020 |
20-99010
|
Mitchell v. U.S.
Applicant's motion did not make 'a substantial showing of the denial of a constitutional right,' and thus, certificate of appealability was denied. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Aug. 25, 2020 |
18-56657
|
U.S. v. Obaid
District court correctly denied appellant's motion to dismiss for lack of personal jurisdiction because forfeiture of property was the subject of the action. |
Civil Procedure |
|
J. Rawlinson | Aug. 25, 2020 |
19-72701
|
Aliyev v. Barr
Board of Immigration Appeals abused its discretion by denying Petitioner's motion to reopen under 8 C.F.R. Section 1003.2(c)(1). |
Immigration |
|
S. Graber | Aug. 25, 2020 |
18-35992
|
Maxwell v. Saul
Claimants applying for disability insurance benefits must be found 'disabled' if their skills are not readily transferable to a 'significant range of work.' |
Administrative Agencies |
|
R. Paez | Aug. 25, 2020 |
18-15860
|
Namisnak v. Uber Technologies
When plaintiffs who are disabled have actual knowledge of illegal barriers at public accommodation to which they desire access, they need not engage in 'futile gesture' of attempting to gain access. |
Civil Procedure |
|
R. Nelson | Aug. 25, 2020 |
10-99023
|
Ramirez v. Shinn
Order |
|
Aug. 25, 2020 | ||
18-99006
|
Jones v. Shinn
Order |
|
Aug. 25, 2020 | ||
B300182
|
People v. Brooks
Trial court did not abuse its discretion in denying defendant's motion to strike prior serious felony enhancements. |
Criminal Law and Procedure |
|
V. Chaney | Aug. 24, 2020 |
19-30161
|
U.S. v. Cate
Supervised release revocation proceeding is not the proper forum to challenge an underlying conviction. |
Criminal Law and Procedure |
|
A. Tashima | Aug. 24, 2020 |
18-16592
|
Amended Opinion: Canela v. Costco
Private Attorney General Act claim is fundamentally different from class action and thus cannot be the basis for Class Action Fairness Act claim. |
Civil Procedure |
|
J. Wallace | Aug. 24, 2020 |
17-16823
|
Harrison v. Kernan
Intermediate scrutiny rather than deferential 'Turner v. Safely' standard applies to claims challenging prison regulations which facially discriminate on basis of gender. |
Civil Rights |
|
R. Tallman | Aug. 24, 2020 |
18-35673
|
Grimm v. City of Portland
Due process requires that individualized notice be given before an illegally parked car is towed unless the state has a 'strong justification' for not doing so. |
Civil Rights |
|
M. Berzon | Aug. 24, 2020 |
A156432
|
In re A.M.
Juvenile court erred by placing minor in short-term residential therapeutic program based on probation department's recommendation which failed to include Child and Family Team input. |
Juveniles |
|
T. Jackson | Aug. 21, 2020 |
C088342
|
People v. McGee
Presence of unsealed bag of marijuana plainly visible on passenger's person constitutes probable cause to search passenger's purse. |
Criminal Law and Procedure |
|
R. Robie | Aug. 21, 2020 |
B301629
|
Georgeanne G. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
Juvenile court may not consider a parent's 'lack of insight' at Welfare and Institutions Code Section 366.22 permanency review hearing. |
Dependency |
|
D. Perluss | Aug. 21, 2020 |
E070995
|
Hanna v. Little League Baseball
Trial court did not have authority to rule on defendant's discovery motions imposing sanctions against plaintiff once defendant filed its motion requiring plaintiff to furnish security. |
Civil Procedure |
|
F. Menetrez | Aug. 21, 2020 |
B288104
|
Li v. Dept. of Industrial Relations
Labor Code Section 1197.1's new bond requirement did not constitute retroactive application of statute because all that changed was the addition of procedural requirement. |
Labor Law |
|
D. Perluss | Aug. 21, 2020 |
A158082
|
People v. Townsend
Trial court improperly analyzed how defendant's time spent absconding from parole supervision and in jail on parole violations altered his parole discharge date. |
statutory_interpretation |
|
A. Tucher | Aug. 21, 2020 |
A156234
|
Davis v. Kozak
Trial court properly denied defendants motion to compel arbitration because the arbitration agreement was both procedurally and substantively unconscionable. |
Arbitration |
|
C. Fujisaki | Aug. 21, 2020 |
20-99009
|
U.S. v. Mitchell
Defendant had not carried his burden of proving reasonable probability that his execution would be carried out in manner inconsistent with state law under Federal Death Penalty Act. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Aug. 21, 2020 |
16-50213
|
U.S. v. Rodriguez
Defendant was properly convicted under Violent Crimes in Aid of Racketeering Activity statute. |
Criminal Law and Procedure |
|
J. Nguyen | Aug. 21, 2020 |