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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 9th Aug. 26, 2020
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 9th Aug. 26, 2020
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 9th Aug. 26, 2020
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 9th Aug. 26, 2020
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 CASC Aug. 25, 2020
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 1DCA/2 Aug. 25, 2020
People v. Valdes
Defendant was entitled to 258 days actual custody credit instead of 257 days.
Criminal Law and Procedure 2DCA/6 Aug. 25, 2020
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 3DCA Aug. 25, 2020
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 2DCA/6 Aug. 25, 2020
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 9th Aug. 25, 2020
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 9th Aug. 25, 2020
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 9th Aug. 25, 2020
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 9th Aug. 25, 2020
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 9th Aug. 25, 2020
Ramirez v. Shinn
Order
9th Aug. 25, 2020
Jones v. Shinn
Order
9th Aug. 25, 2020
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 2DCA/1 Aug. 24, 2020
U.S. v. Cate
Supervised release revocation proceeding is not the proper forum to challenge an underlying conviction.
Criminal Law and Procedure 9th Aug. 24, 2020
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 9th Aug. 24, 2020
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 9th Aug. 24, 2020
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 9th Aug. 24, 2020
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 1DCA/3 Aug. 21, 2020
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 3DCA Aug. 21, 2020
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 2DCA/7 Aug. 21, 2020
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 4DCA/2 Aug. 21, 2020
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 2DCA/7 Aug. 21, 2020
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 1DCA/4 Aug. 21, 2020
Davis v. Kozak
Trial court properly denied defendants motion to compel arbitration because the arbitration agreement was both procedurally and substantively unconscionable.
Arbitration 1DCA/3 Aug. 21, 2020
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 9th Aug. 21, 2020
U.S. v. Rodriguez
Defendant was properly convicted under Violent Crimes in Aid of Racketeering Activity statute.
Criminal Law and Procedure 9th Aug. 21, 2020