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Padilla Cuenca v. Barr
8 U.S.C. Section 1231(a)(5), which empowers an immigration officer to reinstate a prior removal order, permanently bars reopening of the prior removal order under 8 U.S.C. Section 1229a(c)(7).
Immigration 9th Nov. 14, 2019
Prima Donna Development Corp. v. Wells Fargo Bank, N.A.
Arbitration agreement was not unconscionable and plaintiff's challenge based on arbitrator's failure to explicitly address its claim that defendant did not act in good faith was not subject to judicial review.
Arbitration 6DCA Nov. 14, 2019
In re K.T.
A denial of a petition to regain child custody under Welfare and Institutions Code Section 388 grants relatives standing to appeal a child removal order issued under Section 387.
Dependency 4DCA/2 Nov. 14, 2019
Woodberry v. U.S.
Order
USSC Nov. 13, 2019
Altera Corp. v. Commissioner of Internal Revenue
Dissent to en banc denial found Treasury's explanation for decision lacked evidentiary support, and majority's decision potentiated a circuit split while inviting uncertainty for businesses relying on the well-settled 'arm's length' standard.
Tax 9th Nov. 13, 2019
People v. Chubbuck
A vehicle is defined by its potential to be driven on the highway; thus, a defendant who drove farm equipment capable of highway travel - even if not intended for it - cannot escape Vehicle Code Section 10851.
Criminal Law and Procedure 4DCA/2 Nov. 13, 2019
Aslam v. Superior Court
Prosecution of knowingly making false statement in document filed with DMV after defendant was acquitted of perjury does not offend principles of double jeopardy because they are separate offenses.
Criminal Law and Procedure 1DCA/4 Nov. 12, 2019
People v. Schmidt
Recording a deed acquired through fraud does not render the deed 'false' or 'forged' within the meaning of Penal Code Section 115.
Criminal Law and Procedure 3DCA Nov. 12, 2019
Williams v. Impax Laboratories, Inc.
Plaintiff failed to appeal an order dismissing class allegations that was appealable under the death knell doctrine, so plaintiff forfeited her appeal of dismissal of class allegations.
Civil Procedure 1DCA/1 Nov. 12, 2019
In re Cobbs
First degree murder conviction under natural and probable consequences theory is invalid; remedy is to reverse conviction, and allow prosecution to retry first degree count, or reduce conviction to second degree murder.
Criminal Law and Procedure 3DCA Nov. 12, 2019
Marriage of McKean
The trial court abused its discretion when it cited the changed circumstances rule to modify child custody orders after only one questionable incident of neglect.
Family Law 4DCA/3 Nov. 12, 2019
Patent & Trademark v. Booking.com B.V.
Order
USSC Nov. 12, 2019
In re: Jeffrey Mark Freeman
Creditors must have an objectively reasonable basis to seek collection from Chapter 13 petitioners; good faith belief is no longer enough to avoid civil contempt sanctions.
Bankruptcy BAP Nov. 11, 2019
In re: QDOS, Inc.
Bankruptcy court erred by not requiring debtor to file an answer and list of creditors required by FRB Rule 1003(b) once it determined triable issues existed.
Bankruptcy BAP Nov. 11, 2019
People v. Ramirez
Under Penal Code Section 1170.95 if there is a prior finding that the petitioner was not a major participant in the felony, the court is required to vacate the conviction.
Criminal Law and Procedure 2DCA/2 Nov. 8, 2019
People v. Coneal
Admission of rap lyrics to prove defendant committed a particular crime is substantially more prejudicial than probative under Evidence Code Section 352 because rap lyrics should not be taken literally.
Evidence 1DCA/5 Nov. 8, 2019
Board of Trustees Glazing Health v. Chambers
No evidence indicated a reasonable expectation that Nevada's legislature was likely to enact legislation similar to Senate Bill 223 in the future, so no live controversy remained and the matter was moot.
Civil Procedure 9th Nov. 8, 2019
People v. Stringer
Jury instruction for aggravated kidnapping to commit extortion or exact money or property from another person contained prejudicial legal error permitting jury to find defendant guilty of charged offenses on legally invalid basis.
Criminal Law and Procedure 4DCA/1 Nov. 8, 2019
People v. Superior Court (Couthren)
No implied exception to the hearsay rule exists with respect to expert evaluation reports at sexually violent predator probable cause hearings in light of 'People v. Sanchez.'
Criminal Law and Procedure 1DCA/1 Nov. 8, 2019
People v. Aguilar
Under California Penal Code Section 289, 'force' includes circumstances where the victim did not want to engage in the act and did not positively cooperate with it.
Criminal Law and Procedure 2DCA/8 Nov. 8, 2019
Regency Midland Construction, Inc. v. Legendary Structures, Inc.
The court will look to a contract's purpose when interpreting a provision that is riddled with drafting errors.
Contracts 2DCA/8 Nov. 8, 2019
Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive.
Constitutional Law 5DCA Nov. 7, 2019
People v. Patton
Given the nature of defendant's offense, there was a relationship between theft of electronic devices and the imposition of an electronic device search condition.
Criminal Law and Procedure 4DCA/1 Nov. 7, 2019
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies.
Torts 2DCA/7 Nov. 7, 2019
Rhines v. Young
Order
USSC Nov. 6, 2019
Modification: Sprengel v. Zbylut
In determining whether an attorney entered into an 'implied' attorney-client relationship to represent the interests of the individual partners of an entity a court must assess the totality of circumstances.
Attorneys 2DCA/7 Nov. 6, 2019
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies.
Torts 2DCA/7 Nov. 6, 2019
Asian Americans Advancing Justice-Los Angeles v. Padilla
The California Voting Rights Act allows the Secretary of State to assess the need for language assistance accommodations by individual precinct, not on a county-wide basis.
Government 1DCA/1 Nov. 6, 2019
Minaya v. U.S.
Order
USSC Nov. 5, 2019
Walker v. U.S.
Order
USSC Nov. 5, 2019