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U.S. v. Corrales-Vazquez
Under 8 U.S.C. Section 1325(a)(2), the crime of 'eluding examination or inspection by immigration officers' can be committed only where and when examinations or inspections occur, specifically, open ports of entry. 		Criminal Law and Procedure 9th Jul. 25, 2019
Warner v. Experian Information Solutions, Inc.
Under Section 1681i of the Fair Credit Reporting Act, consumer reporting agencies have no duty to investigate a consumer's credit file if the consumer does not notify the agency directly. 		Consumer Law 9th Jul. 25, 2019
The Koala v. Khosla
Where complaint alleges that State singled out press by withholding subsidy in response to disfavored speech, complaint alleges viable Free Press Clause cause of action. 		Constitutional Law 9th Jul. 25, 2019
Djerf v. Ryan
Assuming Arizona Supreme Court committed causal nexus error by ignoring defendant's family background mitigation evidence, error was harmless because such evidence was not compelling compared to the State's strong aggravation case. 		Civil Rights 9th Jul. 25, 2019
Newirth v. Aegis Senior Communities
Defendant waived its right to arbitrate because defendant made intentional decision not to compel arbitration in order to take advantage of judicial forum, and plaintiffs were prejudiced by incurring costs. 		Arbitration 9th Jul. 25, 2019
Khrapunov v. Prosyankin
Remand was necessary for the district court to conduct additional fact-finding about foreign proceedings to determine if 28 U.S.C. Section 1782's requirements remained satisfied by plaintiff. 		Civil Procedure 9th Jul. 25, 2019
Gemini Technologies Inc. v. Smith & Wesson Corp.
Contractual forum-selection clauses are unenforceable when enforcement would contravene a strong public policy of the forum in which the suit is being brought. 		Civil Procedure 9th Jul. 25, 2019
Cal. Public Records Research, Inc. v. County of Alameda
Plaintiff failed to establish County's calculation of recoverable 'indirect costs' violated Government Code Section 27366; thus, County's fee for copies of official records was reasonable. 		Government 1DCA/5 Jul. 24, 2019
Cal. Advocates for Nursing Home Reform v. Smith
Although Health and Safety Code Section 1418.8 was unconstitutional on its face because it lacked a notice requirement, the court remanded with directions to implement procedural safeguards preserving its constitutionality. 		Constitutional Law 1DCA/4 Jul. 24, 2019
U.S. v. Lindsay
18 U.S.C. Section 2423(c), which prohibits engaging in illicit sexual conduct in foreign places, did not exceed Congress's authority under Foreign Commerce Clause, as applied to criminalization of non-commercial sexual abuse of minor. 		Criminal Law and Procedure 9th Jul. 24, 2019
U.S. v. Iwai
Exigent circumstances existed to justify government's warrantless entry into defendant's residence because it was reasonable to conclude that destruction of incriminating evidence was occurring. 		Criminal Law and Procedure 9th Jul. 24, 2019
Rodriguez v. City of San Jose
Plaintiff's Second Amendment claim relating to police's seizure of firearms from her residence after her husband was detained for mental health evaluation was barred by issue preclusion. 		Civil Procedure 9th Jul. 24, 2019
Diaz-Quirazco v. Barr
Board of Immigration Appeals' interpretation of the interplay between 8 U.S.C. Sections 1227(a)(2)(E)(ii) and 1229b(b)(1)(C) was reasonable and consistent with the statutory language, so its denial of petitioner's appeal must be accepted. 		Immigration 9th Jul. 24, 2019
Vazquez v. Jan-Pro Franchising Int'l
Order 		9th Jul. 23, 2019
Cutts v. Richland Holdings Inc.
Order 		9th Jul. 23, 2019
U.S. v. Myers
When weighing whether the state or federal government violated someone's right to a speedy trial under the Sixth Amendment, the court must consider the nature and circumstances of the delay. 		Criminal Law and Procedure 9th Jul. 23, 2019
U.S. v. Mixon
Appellant's arguments for attorneys' fees award under Hyde Amendment centered on investigating agents' conduct, rather than any independent prosecutorial misconduct or the government's litigating position, and thus failed. 		Criminal Law and Procedure 9th Jul. 23, 2019
Wilson v. Cable News Network, Inc.
Anti-SLAPP statute contains no exception for discrimination or retaliation claims; thus, journalist's termination for alleged plagiarism constituted 'conduct in furtherance of' employer's 'speech in connection with' public matter. 		Anti-SLAPP CASC Jul. 23, 2019
Chen v. Los Angeles Truck Centers, LLC
Trial court was not required to revisit choice of law ruling which found Indiana law applied because plaintiffs' settlement with Indiana-based defendant was not such an exceptional circumstance warranting such reexamination. 		Civil Procedure CASC Jul. 23, 2019
Hollywoodians Encouraging Rental Opportunities v. City of L.A.
City properly concluded that hotel project would have no impact on population and housing because it would not displace any tenants or eliminate any rental units; thus, CEQA claim failed. 		Environmental Law 2DCA/3 Jul. 23, 2019
People v. North River Insurance Co.
A motion to vacate forfeiture and exonerate a bail bond may be granted when the criminal defendant fails to appear under Section 1305(a) of the California Penal Code. 		Criminal Law and Procedure 6DCA Jul. 23, 2019
People v. Cooper
Defendant's statements to police regarding inability to perform field sobriety tests and refusal to submit to breath or blood tests were voluntary and not barred by the Fifth Amendment. 		Criminal Law and Procedure 2DCA/3 Jul. 22, 2019
People v. Rubio
When officers have reason to suspect that a crime is being perpetrated or that an individual has been injured, a warrantless entry does not violate the Fourth Amendment. 		Criminal Law and Procedure 1DCA/4 Jul. 22, 2019
Sacramentans for Fair Planning v. City of Sacramento
Project approval under general plan policy authorizing more intense development than zoning otherwise allowed was rationally related to city's legitimate goal of obtaining quality infill development that provided significant community benefit. 		Constitutional Law 3DCA Jul. 22, 2019
In re A.M.
Under Section 213.5 of the Welfare and Institutions Code, a juvenile court may issue a restraining order against a father if doing so is in daughter's best interest. 		Juveniles 2DCA/2 Jul. 22, 2019
Roque De La Fuente v. Alex Padilla
California's ballot access laws reasonably relate to California's important regulatory interest in managing its democratic process and were proportionate to California's large voter population. 		Civil Rights 9th Jul. 22, 2019
Disability Rights Montana v. Batista
Plaintiff's complaint, which described the horrific treatment of prisoners, was supported by factual allegations more than sufficient to 'state a claim to relief that was plausible on its face.' 		Constitutional Law 9th Jul. 22, 2019
City of Hesperia v. Lake Arrowead Comm. Serv. Dist.
Community Services District failed to establish Government Code Sections 53091(e) and 53096(a) provided an absolute or qualified exemption from compliance with City's zoning requirements. 		Government 4DCA/1 Jul. 22, 2019
Brown v. City of Sacramento
Although plaintiff's suspension was a discrete act, plaintiff's claim based on suspension was timely because suspension only became final within the one-year statute of limitations for filing an administrative complaint. 		Civil Procedure 3DCA Jul. 19, 2019
Ortiz v. Dameron Hospital Assn.
Employer's disparaging comments about an employee's ability to speak English amounted to discriminatory harassment under California's Fair Employment and Housing Act. 		Employment Law 3DCA Jul. 19, 2019
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