| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
23-1887
|
Magana-Magana v. Garland
Ninth Circuit had jurisdiction to review whether a non-citizen showed "extraordinary circumstances" to waive the one-year motion-to-reopen deadline under the Violence Against Women Act (VAWA). |
Immigration |
|
M. Smith | Dec. 27, 2024 |
|
22-30210
|
U.S. v. Shuemake
Where witness's earlier sworn statement contradicted his grand jury statements, district court did not err in admitting the statement. |
Criminal Law and Procedure, Evidence |
|
K. Lee | Dec. 27, 2024 |
|
S280018
|
Capito v. San Jose Healthcare System, LP
Hospitals have no duty under the UCL or CLRA to disclose fees for evaluation and management services (EMS) prior to treating emergency room patients. |
Health Care |
|
G. Liu | Dec. 26, 2024 |
|
G063164
|
Mendez v. Superior Court (People)
Because defendant was also charged with felonies when found mentally incompetent, Penal Code Section 1370.01 was inapplicable, and trial court did not err in denying dismissal of defendant's misdemeanor case. |
Criminal Law and Procedure |
|
J. Motoike | Dec. 26, 2024 |
|
A168485
|
People v. Perrot
Parole condition prohibiting sex offender from accessing and using computer devices was narrowly tailored to further compelling state interest of protecting children. |
Criminal Law and Procedure |
|
J. Streeter | Dec. 26, 2024 |
|
G062897
|
Woolard v. Regent Real Estate Services
A homeowners association and its management company did not have a duty to involve itself in a dispute between tenants. |
Torts |
|
E. Moore | Dec. 26, 2024 |
|
F086953
|
Wiley v. Kern High School District
Parent charged with misdemeanors due to altercation with school law enforcement failed to plead a First Amendment Bane Act claim where she did not specifically allege the content and audience of her speech. |
Civil Rights |
|
T. DeSantos | Dec. 26, 2024 |
|
F087585
|
Hovannisian v. City of Fresno
A complaint regarding a special assessment cannot be resolved through preemptive suit; it must instead be paid and then resolved through an action for a refund. |
Tax |
|
R. Peña | Dec. 26, 2024 |
|
19-99011
|
Catlin v. Broomfield
Federal habeas claim regarding ex parte communication was properly denied where it had previously been summarily denied by state supreme court and was not contrary to clearly established federal law. |
Habeas Corpus |
|
M. Smith | Dec. 26, 2024 |
|
22-70029
|
China Unicom (Americas) Operations Limited v. Federal Communications Commission
FCC's authority under the Communications Act to "issue" certificates to telecommunications carriers bears an implied incidental authority to revoke such certificates. |
Administrative Agencies, Commercial Law |
|
D. Collins | Dec. 26, 2024 |
|
23-2065
|
Singh v. Garland
Board of Immigration Appeals erred in denying asylum seeker's motion to reopen when information independent of a prior adverse credibility finding was presented. |
Immigration |
|
C. Bea | Dec. 26, 2024 |
|
B339383
|
Newell v. Superior Court (Rollins)
Petitioner's lis pendens on property bought with trust assets was proper because her probate claims affected title to the property. |
Trust and Estates, Real Property |
|
J. Segal | Dec. 24, 2024 |
|
A169773
|
Humboldt Alliance for Responsible Planning v. California Coastal Commission
Consistency determination for tribe's hotel construction was not improperly based on policies not found in the Coastal Zone Management Act when written determination made no mention of those policies. |
Environmental Law, Native American Affairs |
|
D. Chou | Dec. 24, 2024 |
|
21-1096
|
Chmukh v. Garland
A petitioner's conviction for Washington possession of a stolen vehicle was an aggravated felony and rendered him ineligible for asylum. |
Immigration |
|
R. Nelson | Dec. 24, 2024 |
|
18-99001
|
Waidla v. Davis
Since aggravation evidence outweighed totality of available mitigation evidence, habeas petitioner was not prejudiced by counsel's failure to present mitigating evidence and was not entitled to habeas relief. |
Habeas Corpus |
|
P. Curiam (9th Cir.) | Dec. 24, 2024 |
|
G063082
|
Kabat v. Department of Transportation
Summary judgment for dangerous condition of public property liability under Government Code Section 835 was proper when Caltrans provided evidence that it had no notice of allegedly dangerous condition. |
Government, Torts |
|
T. Delaney | Dec. 23, 2024 |
|
B333759
|
Jenkins v. Dermatology Management, LLC
Trial court properly refused to enforce and sever procedurally and substantively unconscionable arbitration agreement. |
Arbitration |
|
K. Yeager | Dec. 23, 2024 |
|
B321752
|
Lazar v. Bishop
Cause of action for real estate broker's breach of fiduciary duty was assignable where the complaint only sought to recover damages related to property and pecuniary interests. |
Civil Procedure |
|
L. Edmon | Dec. 23, 2024 |
|
D084051
|
In re Lerke
No legal authority permitted an indefinite detention in county jail pending a transfer to a state hospital following the conclusion of competency proceedings in an underlying criminal case. |
Habeas Corpus |
|
M. Buchanan | Dec. 23, 2024 |
|
C097746
|
Modification: Yaffee v. Skeen
Reversal required where inadmissible evidence of reasonable value of medical services received by insured plaintiff may have resulted in recovery of amounts paid by neither the plaintiff nor his insurer. |
Remedies, Torts |
|
H. Hull | Dec. 23, 2024 |
|
12-56867
|
Fazaga v. Federal Bureau of Investigation
State secrets privilege does not mandate dismissal of action unless it deprives the United States of information establishing a valid defense or makes litigation impossible due to risks of disclosure. |
Government |
|
M. Berzon | Dec. 23, 2024 |
|
23-3877
|
Nisbet v. Bridger
Absent any clear error, the district court's determination that children had no habitual residence and Hague Convention did not apply to them for petition-to-return purposes should not be disturbed. |
International Law |
|
C. Bea | Dec. 23, 2024 |
|
21-56295
|
Moving Oxnard Forward Inc. v. Ascension
Where the record supported that City's measure to limit campaign contributions were not meant to avoid the appearance of *quid pro quo* corruption, it violated the First Amendment. |
Constitutional Law, Municipal Law |
|
D. Collins | Dec. 23, 2024 |
|
A166277
|
People v. Baugh
Trial court did not err by refusing to order prosecutor to obtain evidence regarding victim witness' alleged schizophrenia diagnosis. |
Criminal Law and Procedure, Evidence |
|
C. Fujisaki | Dec. 23, 2024 |
|
C098659
|
People v. Zwerenz
Recommitment of an offender with a mental health disorder did not constitute double jeopardy in the face of substantial evidence supporting his recommitment. |
Criminal Law and Procedure |
|
R. Robie | Dec. 23, 2024 |
|
D084512
|
People v. Barnes
Trial court violated Code of Civil Procedure Section 231.7 by using reasoning not offered by the prosecution to overrule defendant's peremptory strike challenge. |
Criminal Law and Procedure |
|
R. Huffman | Dec. 20, 2024 |
|
E081367
|
People v. Torres
No particular type of evidence was necessary to prove that parent/child relationship existed between victim and defendant charged with criminal incest. |
Criminal Law and Procedure |
|
M. Raphael | Dec. 20, 2024 |
|
A168530
|
People v. Davis
Petition for resentencing was denied under the new felony murder statute because substantial evidence supported the trial court's finding that Defendant was the actual killer beyond a reasonable doubt. |
Criminal Law and Procedure |
|
M. Miller | Dec. 20, 2024 |
|
A169561
|
In re P.S.
It was not categorically premature for a parent who was receiving reunification services to request the appointment of an expert to perform a bonding study during the reunification phase. |
Family Law |
|
T. Stewart | Dec. 20, 2024 |
|
A168517
|
California Resources Production Corp. v. Antioch City Council
Trial court properly dismissed suit alleging equal protection violations against city after it declined to extend plaintiff's agreement to operate gas pipeline. |
Government, Constitutional Law |
|
J. Goldman | Dec. 20, 2024 |
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