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Amended Opinion: Padilla-Ramirez v. Bible
Alien detained subject to removal orders not entitled to bond hearing typically available to those detained 'pending decision on removal,' and despite ongoing withholding only proceedings.
Immigration 9th Feb. 16, 2018
Amended Opinion: Song v. Sessions
A refugee's past persecution for an imputed political opinion may establish a protected political view for purposes of seeking asylum in the U.S.
Immigration 9th Feb. 16, 2018
J.H. v. Superior Court
'Sanchez' limits on admissible expert testimony do not apply to a social service report admitted pursuant to the Welfare and Institutions Code in a status review hearing
Family Law 2DCA/6 Feb. 16, 2018
Folkens v. Wyland Worldwide
Copyright infringement action unsuccessful where contested element, two dolphins crossing, is imagine expressed in nature and thus part of common heritage of humankind.
Copyright 9th Feb. 15, 2018
People v. Henderson
Court not precluded from ordering restitution for residential security system expenses in the absence of a violent felony under Section 1202.4(f)(3)
statutory_interpretation 3DCA Feb. 15, 2018
Hong Sang Market v. Peng
Res judicata does not bar breach of contract action that follows unlawful detainer action where plaintiff recovers back-due rent for separate months in each action.
Civil Procedure 1DCA/3 Feb. 15, 2018
Amended Opinion: Murray v. Schriro
Murderer, who killed victims during armed robbery, could not revisit sanitized crime scene, which his attorney and investigators had already inspected.
Criminal Law and Procedure 9th Feb. 15, 2018
Gonzalez-Caraveo v. Sessions
Remand inappropriate despite erroneous finding that Immigration Judge lacks jurisdiction over administrative closure request where petitioners fail to show eligibility for administrative closure.
Immigration 9th Feb. 15, 2018
Rodriguez Tovar v. Sessions
Child of lawful permanent resident may utilize age calculation formula for purposes of converting to immediate relative status after parent is naturalized
Immigration 9th Feb. 15, 2018
People v. Guyton
Deprivation of personal liberty element of human trafficking charge supported by substantial evidence where pimp keeps woman isolated, in fear, constantly monitored, and financially dependent.
Criminal Law and Procedure 4DCA/3 Feb. 15, 2018
Crowley v. EpiCept Corp.
Court-formulated jury instruction that correctly states the law does not constitute an abuse of discretion.
Civil Procedure 9th Feb. 14, 2018
Jacobson v. Department of Homeland Security
Summary judgment finding that border patrol zone is nonpublic forum reversed where court denies motion for discovery of information relevant in determining forum.
Civil Rights 9th Feb. 14, 2018
People v. Millan
Statutory amendment eliminating certain statutes as bases for sentence enhancement must be applied to benefit defendant sentenced with such enhancements whose case was not yet final when amendments enacted.
Criminal Law and Procedure 4DCA/1 Feb. 14, 2018
People v. Hendrix
Prosecution of offense not barred by rule prohibiting multiple prosecution where multiple offenses are factually distinct.
Criminal Law and Procedure 3DCA Feb. 14, 2018
In re Marriage of Connolly
Court order adding interest to final judgment of another state reversed where full faith and credit clause bars court from modifying final judgment.
Family Law 3DCA Feb. 13, 2018
People v. Steward
The application of excess custody credits to postrelease community supervision pursuant to Prop 47 resentencing is governed by generally applicable sentencing procedures
Criminal Law and Procedure 1DCA/5 Feb. 13, 2018
Rojas v. HSBC Card Services
Where employer automatically records all calls made by employees, such recording is intentional under the Privacy Act of 1967.
Consumer Law 4DCA/1 Feb. 13, 2018
Modification: Duran v. U.S. Bank National Association
High error rate and small sample size render statistical survey supporting class certification motion unreliable, supports denial of certification.
Employment Law 1DCA/1 Feb. 13, 2018
People v. Baugh
Possessing a normally harmless object may constitute criminal weapon possession when the circumstances of possession demonstrate an immediate atmosphere of danger.
Criminal Law and Procedure 1DCA/4 Feb. 13, 2018
Doe v. Becerra
Where multiple interpretations of statutory exception for relic gun collectors exist, state must go through normal rulemaking procedure in announcing policy based on statute.
statutory_interpretation 3DCA Feb. 12, 2018
People v. International Fidelity Insurance Co.
A trial court does not have jurisdiction to declare a bail bond forfeiture until after the date and time the defendant was lawfully required to appear.
statutory_interpretation 1DCA/2 Feb. 12, 2018
Modification: In re Webb
Magistrate lacks statutory authority to impose Fourth Amendment waiver condition on pre-trial releasee who posted bail.
Criminal Law and Procedure 4DCA/1 Feb. 12, 2018
Douglass v. Serenivision, Inc.
Party clearly, unmistakably consents to arbitration where party willfully participates in proceeding without objection, asks arbitrator to issue order, and tries to rescind participation after arbitrator denies request.
Arbitration 2DCA/2 Feb. 12, 2018
Arevalo v. Hennessy
Court errs by sua sponte deciding to abstain from considering habeas petition over unconstitutional bail process.
Constitutional Law 9th Feb. 12, 2018
Soto v. Unknown Sweetman
42 U.S.C. Section 1983 claim accrues when plaintiff knows or has reason to know of the injury that forms the basis of the action.
Prisoners' Rights 9th Feb. 12, 2018
Perez v. City of Roseville
Constitutional rights to privacy and intimate association are violated where police department takes adverse action against officer based on private sexual conduct without evidence of an impact on job performance.
Constitutional Law 9th Feb. 12, 2018
People v. Landaverde
Denial of motion to vacate guilty plea for failure of counsel to state immigration consequences of plea, in violation U.S. Supreme Court precedent, affirmed where case was final before that precedent.
Criminal Law and Procedure 2DCA/8 Feb. 9, 2018
Naidu v. Superior Court
Due process is violated if a court suspends a business license as a condition of bail without evidence showing the defendant poses a danger to the public if the license is active
Constitutional Law 4DCA/2 Feb. 9, 2018
Solus Industrial Innovations, LLC v. Superior Court
Claims brought under state unfair competition law and fair advertising law not preempted by federal OSHA where state submitted plan for occupational safety and health and it was federally approved.
statutory_interpretation 4DCA/3 Feb. 9, 2018
San Francisco Apartment Association v. City and County of San Francisco
Ordinance regulating landlords employing tenant buyout agreements does not violate federal or state constitutional law.
Constitutional Law 9th Feb. 9, 2018