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Pomares v. Dep't of Veterans Affairs
Department of Veterans Affairs's method of manually searching for emails in response to Freedom of Information Act request was reasonable.
Government 9th Aug. 14, 2024
People v. Moore
Because defendant's appeal was based on a matter that occurred after his plea, without the requisite certificate of probable cause, his appeal was summarily dismissed.
Criminal Law and Procedure 1DCA/5 Aug. 13, 2024
Cox v. CoinMarketCap Opco, LLC
The Commodity Exchange Act authorizes nationwide service of process independent of its venue requirement.
Civil Procedure 9th Aug. 13, 2024
U.S. ex rel. Lesnik v. ISM Vuzem d.o.o.
Plaintiffs failed to allege a valid False Claims Act claim based on defendant employer applying for a cheaper visa because defendant had no obligation to pay for a more expensive visa.
Immigration 9th Aug. 13, 2024
In re N.J.
Concluding relative placement preference did not apply was error where social services failed to exercise due diligence in complying with statutory duty to assess adult relative for possible placement.
Dependency 2DCA/4 Aug. 13, 2024
In re Zoe H.
Jurisdictional findings are not prima facie evidence for removal other than a finding of severe physical abuse of children under five.
Dependency 4DCA/2 Aug. 12, 2024
Taylor v. Tesla, Inc.
Despite pending parallel litigation, refusal to respond to employee record requests under the Labor Code was not protected conduct subject to the provisions of the anti-SLAPP statute.
Anti-SLAPP, Employment Law 1DCA/4 Aug. 12, 2024
U.S. v. Valdivias-Soto
District court correctly dismissed indictment for illegal reentry, where translation errors invalidated defendant's waiver of his rights to counsel and to appeal.
Immigration 9th Aug. 12, 2024
U.S. v. Osorio-Arellanes
Defendant established ineffective assistance of counsel based on documentation of his attorney's admitted unfamiliarity with the facts and confusion as to what his interrogation was regarding.
Criminal Law and Procedure 9th Aug. 12, 2024
Helm v. Thornell
Youthful offender was not entitled to habeas relief where his consecutive life sentences were not mandatory, and his youth was considered as a mitigating factor by the sentencing court.
Criminal Law and Procedure 9th Aug. 12, 2024
Parker v. BNSF Railway Company
District court improperly applied the Federal Railroad Safety Act, which prohibits discharge due even "in part" to an employee's refusal to violate a railroad safety regulation.
Employment Law 9th Aug. 12, 2024
Williams v. City of Sparks
District court erred in ruling summary judgment ruling on excessive force claim when dashcam clearly showed defendant was attempting to flee and had endangered the public by the chase.
Civil Rights 9th Aug. 12, 2024
Children's Health Defense v. Meta Platforms, Inc.
Despite having a parallel agenda with the government to prevent spread of vaccine misinformation, because defendant Meta Platforms was acting on its own, plaintiff's free speech claims failed.
Constitutional Law 9th Aug. 12, 2024
Clements v. Madden
A defendant needs only to show that false witness testimony could have impacted a jury's decision to convict in order to receive habeas relief.
Criminal Law and Procedure 9th Aug. 12, 2024
In re: CCIV/Lucid Motors Securities Litigation
Stock purchasers had no standing to assert securities violation claim when they were not purchasers of the contested stock involving the alleged misrepresentations.
Securities 9th Aug. 9, 2024
People v. McCune
A trial court retains power to fix the amount of victim restitution even after the term of probation is terminated.
Criminal Law and Procedure CASC Aug. 9, 2024
John's Grill, Inc. v. The Hartford Financial Services Group, Inc.
Absent extraordinary circumstances, a property insurance policy's explicit and unambiguous limitations on coverage must be enforced, in this case, defeating plaintiff's COVID closure claim.
Insurance CASC Aug. 9, 2024
In re S.R.
Juvenile court improperly inferred that mother's failure to protect her daughter from being sexually abused meant that her son was at substantial risk of physical harm.
Dependency 4DCA/2 Aug. 8, 2024
Center for Biological Diversity v. County of San Benito
Trial court erred in ruling parties' writ petition in CEQA action as time-barred where it calculated the statutory timeframe based on the wrong notice of determination date.
Environmental Law 6DCA Aug. 8, 2024
People v. Gonzalez
Trial court properly overruled Section 231.7 (racial bias) peremptory challenge objection where the juror had negative law enforcement experiences and did not know if he could evaluate all testimony fairly.
Criminal Law and Procedure 2DCA/3 Aug. 8, 2024
Grizzell v. San Elijo Elementary School
Non-attorney parent could not proceed without counsel in action brought on her children's behalf.
Attorneys 9th Aug. 8, 2024
Greisman v. FCA US, LLC
Defense counsel's on-the-record oral stipulation to settlement terms was sufficient to render the settlement agreement enforceable, so it was not error to enter judgment pursuant to its terms.
Civil Procedure 1DCA/2 Aug. 7, 2024
MACH-1 RSMH, LLC v. Darras
Despite asserting claim as common law fraudulent transfer, because it met the Uniform Voidable Transactions Act's substantive requirements, it was governed by the Act and required to meet its filing deadline.
Commercial Law 4DCA/3 Aug. 7, 2024
In re Brandon H.
Juvenile wardship defendant was not entitled to a sealed and dismissed petition based on his completion of probation for an unrelated offense contained within another petition.
Juveniles 1DCA/3 Aug. 7, 2024
USA Sales Inc. v. Office of the U.S. Trustee
Order
9th Aug. 7, 2024
Montera v. Premier Nutrition Corp.
Ninth Circuit affirmed consumer's false advertising claim under New York law against dietary supplement company whose packaging purported to relieve joint pain.
Consumer Law 9th Aug. 7, 2024
Nakka v. U.S. Citizenship and Immigration Services
While 8 U.S.C. Section 1252(a)(2)(B)(i) precludes review of the decision to deny an immigration status adjustment, it does not strip federal district courts of jurisdiction to hear collateral challenges.
Immigration 9th Aug. 7, 2024
Kumar v. Garland
An asylum petitioner demonstrated conduct rising to the level of persecution when he presented evidence of political/social opposition's use of physical violence in tandem with death threats.
Immigration 9th Aug. 5, 2024
Modification: In re Oliveras
Prisoner's use of electronic tablet to view pornographic images stored on removable SIM card was not computer fraud or abuse under the California Code of Regulations.
Prisoners' Rights 1DCA/3 Aug. 6, 2024
Libitzky v. U.S.
Taxpayers were not entitled to recover $692,690 in overpaid taxes where the claim was made outside of the lookback period.
Tax 9th Aug. 6, 2024