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Martinez-De Ryan v. Sessions
The BIA properly denied a petition for cancellation of removal on the ground that petitioner was convicted of a crime of moral turpitude, a term of art that isn't unconstitutionally void under the vagueness doctrine.
Constitutional Law 9th Jul. 18, 2018
Baskin v. Hughes Realty, Inc.
Entity not required to provide accessible route for persons with disabilities that does not pass behind parked cars under 2013 CBSC regulations.
Disability Discrimination 2DCA/4 Jul. 17, 2018
Littlejohn v. Costco Wholesale Corp.
Trial court properly sustained defendants' demurrer where consumer sought reimbursement of taxes from the Board of Equalization as to sales tax on an alleged food item.
Consumer Law 1DCA/3 Jul. 17, 2018
Coffman v. Queen of the Valley Medical Center
District court did not err when it granted a preliminary injunction against an employer when the National Labor Relations Board alleged that employer impermissibly withdrew recognition of union after bargaining stalls.
Labor Law 9th Jul. 17, 2018
Shorter v. Baca
Judgment reversed and remanded where defendant is entitled to new trial because evidence failed to show that defendant received requisite procedural forms to challenge mental health classification.
Prisoners' Rights 9th Jul. 17, 2018
McLear-Gary v. Scott
Property may not be properly adversely possessed where purported possessor does not timely pay taxes on the property.
Real Property 1DCA/3 Jul. 16, 2018
People v. Torres
Conviction was reversed due to ineffective assistance of counsel, where an interrogation that was determined to be custodial lacked a 'Miranda' warning, and no suppression motion was ever filed by counsel.
Constitutional Law 4DCA/1 Jul. 16, 2018
U.S. v. Buenrostro
A district court properly denied a defendant's motion for a sentence modification where defendant's life term received a Presidential commutation to 360 months.
Criminal Law and Procedure 9th Jul. 16, 2018
Barnes v. Berryhill
A district court improperly denied a disability appeal because the administrative law judge failed to follow proper procedure to include written judgment regarding transferability of skills.
Administrative Agencies 9th Jul. 16, 2018
Dutta v. State Farm
Where submitted evidence shows applicant was duly denied employment based on consumer credit report information, plaintiff cannot maintain FCRA claim based on hirer's failure to provide timely notice to applicant of discovered adverse information.
Constitutional Law 9th Jul. 16, 2018
Morales v. United States
Where USGS' failure to mark 40-foot cable above river was discretionary and borne on by policy choices, 'discretionary function' exception of Federal Tort Claims Act provides agency immunity in negligence action.
Civil Procedure 9th Jul. 16, 2018
Belfiore-Braman v. Rotenberg
Trial court does not err in precluding expert testimony on causation where it is 'too speculative' to present to the jury.
Evidence 4DCA/1 Jul. 16, 2018
L.G. v. M.B.
'Divorce proviso' proper basis to deny anti-SLAPP motion where potentially-defamatory statements made by defendant about third-party nanny in dissolution filings.
Anti-SLAPP 2DCA/2 Jul. 16, 2018
People v. Ahmed
Judgment reversed where court deprives criminal defendant of constitutional right to assert defense.
Criminal Law and Procedure 1DCA/3 Jul. 13, 2018
B.B. v. County of Los Angeles
Judgment imposing liability on defendant for 'entire' award despite jury's 'comparative fault' allocation vacated in part where Civil Code Section 1431.2 requires liability in proportion to comparative fault.
Civil Procedure 2DCA/3 Jul. 13, 2018
People v. Spencer
No reversible error found in a 'Miranda' challenge, where the suspect was interviewed by two different officers about two different crimes, since officers were not required to readvise him of his Miranda rights.
Criminal Law and Procedure CASC Jul. 13, 2018
UFCW Local 1500 Pension Fund v. Mayer
Dismissal of claims affirmed where claims hinge on power to challenge Investment Company Act exemption and ICA provides no private right of action to assert such challenge.
Business Law 9th Jul. 13, 2018
Amended Opinion: U.S. v. Edling
Sentence vacated and remanded where Nevada convictions for robbery and felony coercion are not crimes of violence under U.S.S.G. Section 4B1.2(a).
Criminal Law and Procedure 9th Jul. 13, 2018
U.S. v. Joyce
Bid rigging is a form of horizontal price fixing and is therefore per se illegal under Section 1 of the Sherman Act.
Criminal Law and Procedure 9th Jul. 12, 2018
White v. Ryan
Death row inmate's habeas corpus relief granted where ineffective assistance of counsel consisted of not presenting mitigating evidence at the sentencing or resentencing hearing.
Constitutional Law 9th Jul. 12, 2018
U.S. v. Pepe
Conviction for engaging in illicit sexual conduct in foreign place vacated and remanded where convicting statute, pre-amendment, requires showing that defendant was traveling at time of conduct.
Criminal Law and Procedure 9th Jul. 12, 2018
Amended Opinion: Williams v. Gaye
Jury instruction as to scienter requirement in copyright case does not warrant new trial, particular where instructions, as a whole, make plain the applicable law.
Copyright 9th Jul. 12, 2018
Modification: Shiver v. Laramee
Summary judgment affirmed where sudden emergency doctrine applies to defendant who acted reasonably during sudden, unexpected emergency that defendant did not cause.
Civil Procedure 2DCA/6 Jul. 12, 2018
Richardson v. Dept. of Motor Vehicles
Trial court properly granted a motion for summary judgment where the DMV had governmental immunity in its decision to reinstate the driving privileges of an elderly driver.
Immunity 1DCA/3 Jul. 12, 2018
Caldera v. Dept. of Corrections & Rehabilitation
A trial court properly found that there was substantial evidence to support a jury's finding that harassment in an employment setting was severe and pervasive.
Employment Law 4DCA/3 Jul. 11, 2018
National Asian American Coalition v. Brown
Principles of separation of powers do not prevent court from issuing writ of mandate directing defendants to restore misappropriated funds that were unlawfully transferred.
Government 3DCA Jul. 11, 2018
Morales v. 22nd District Agricultural Assn.
A trial court did not err by granting a state employer's MSJ where seasonal employees of an amusement facility who claimed entitlement to overtime compensation were not eligible due to the amusement exception.
Employment Law 4DCA/1 Jul. 11, 2018
Goudelock v. Sixty-01 Association
Affirmance of summary judgment finding Chapter 13 debtor’s post-petition assessments not dischargeable reversed where such assessments are dischargeable under 11 U.S.C. Section 1328(a).
Bankruptcy 9th Jul. 11, 2018
U.S. v. Hernandez
A district court correctly interpreted that the term *distribution* under the Sentencing Guidelines "applies when the illicit pornographic images are transferred to a minor victim depicted in the images." Held, defendant's conduct qualified as "distribution."
Criminal Law and Procedure 9th Jul. 11, 2018
Modification: World Business Academy v. Cal. State Lands Commission
'Unusual circumstances' exception to 'existing facility' CEQA exemption does not apply where, inter alia, cited adverse effects of existing facility's operation are part of baseline conditions.
Environmental Law 2DCA/4 Jul. 11, 2018