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Name Category Published
Koonwaiyou v. Blinken
Amendments to Immigration and Nationality Act expanding eligibility non-citizen national status at birth applied to otherwise qualified individual who was born prior to the enactment of the amendments. 		Immigration 9th Jun. 8, 2023
Rodriguez-Zuniga v. Garland
Asylum seeker's petition properly denied when substantial evidence showed that robber's chief motivation was financial gain rather than because of petitioner's protected status. 		Immigration 9th Jun. 8, 2023
Lowery v. Rhapsody International, Inc.
In copyright case, district court erred in awarding over $1.7 million in attorneys' fees when the class members' actual recovery amount was only a little over $50,000. 		Civil Procedure 9th Jun. 8, 2023
Arizmendi-Medina v. Garland
Immigration Judge denied petitioner due process by refusing continuance and deeming application abandoned despite counsel's requests to immediately file asylum application that day. 		Immigration 9th Jun. 8, 2023
Zhovtonizhko v. Garland
Board of Immigration Appeals failed to acknowledge the materiality of legislature's changes to statute, which affected whether petitioner's crimes involved "moral turpitude" and thus rendered him removable. 		Immigration 9th Jun. 8, 2023
Hastings College Conservation Committee v. Faigman
Though legislation changing Hastings Law School's name could adversely affect protected speech, anti-SLAPP motion was properly denied because the legislation, not the protected speech, was the basis of the lawsuit. 		Anti-SLAPP 4DCA/1 Jun. 7, 2023
Aresh v. Marin-Morales
Replacement attorney in employment settlement case could not vacate former attorney's settlement lien because the trial court's factual findings on the lien judgment were presumed valid and he was not a party to the case. 		Attorneys 4DCA/3 Jun. 7, 2023
U.S. v. Estrella
A law enforcement officer must have probable cause to believe that a person is on active parole before conducting a suspicionless search or seizure pursuant to a parole condition, but need not be absolutely certain. 		Criminal Law and Procedure 9th Jun. 7, 2023
Amended Opinion: Hernandez Avilez v. Garland
Noncitizens subject to mandatory detention under United States Code Section 1226(c) are not eligible for release on bond during the judicial phase of the proceedings. 		Immigration 9th Jun. 7, 2023
Los Angeles Waterkeeper v. State Water Resources Control Bd.
Because the State Water Board's duty to review Regional Board's wastewater discharge permit was discretionary, trial court's order requiring State Board to investigate unreasonable wastewater use was improper. 		Administrative Agencies 2DCA/1 Jun. 6, 2023
Kanter v. Reed
Plaintiff shareholders could not adequately show that board of directors failed to make a good faith effort to implement an oversight system for its storage facility that later experienced a gas leak. 		Securities 2DCA/5 Jun. 6, 2023
In re: Klamath Irrigation District v. USDC-ORM (U.S. Bureau of Reclamation; Oregon Water Resources Dept.)
Writ of mandate was not appropriate where district court correctly concluded that state court could not have prior exclusive jurisdiction over issues because it lacked jurisdiction over those issues. 		Civil Procedure 9th Jun. 6, 2023
People v. Braden
Pretrial diversion for defendants with qualifying mental disorders must be requested before attachment of jeopardy at trial or the entry of a guilty or no contest plea, whichever occurs first. 		Criminal Law and Procedure CASC Jun. 6, 2023
People v. Odell
Prosecutor's potentially ambiguous statements about a heat of passion defense were irrelevant because video evidence showed the allegedly provocating confrontation was relatively minor. 		Criminal Law and Procedure 2DCA/8 Jun. 6, 2023
Modification: Collins v. Waters
Congresswoman's anti-SLAPP motion was granted in error because plaintiff had made a preliminary evidentiary showing that he could prevail in his underlying defamation suit. 		Anti-SLAPP 2DCA/8 Jun. 6, 2023
Dupree v. CIT Bank
Trial court judge improperly determined it lacked jurisdiction to allow for curative amendment of mistakenly named plaintiff. 		Civil Procedure 1DCA/4 Jun. 5, 2023
Enigma Software Group USA LLC v. Malwarebytes, Inc.
Computer software company's false advertising lawsuit against its competitor was sustained because the competitor's statements made a specific claim about the software's characteristics. 		Commercial Law 9th Jun. 5, 2023
Eldridge v. Howard
Because D.C. Superior Court is not a "State court," for the purposes of 28 U.S.C. Section 2253(c)(1), petitioner did not need to obtain a certificate of appealability to appeal the district court's denial of his most recent habeas petition. 		Prisoners' Rights 9th Jun. 5, 2023
People v. Hodges
Order denying defendant-appellant's motion to vacate his sentence filed twenty years after entry of judgment was not appealable because the trial court could not grant the requested relief. 		Criminal Law and Procedure 2DCA/6 Jun. 5, 2023
Champlin/GEI Wind Holdings, LLC v. Avery
Sanctions were imposed on appellant and his attorney after they pursued a meritless appeal, where appellant's opposition to summary judgment was both untimely and lacking any supporting evidence. 		Attorneys 2DCA/6 Jun. 5, 2023
Modification: People v. Lepere
Where affidavit requesting suspect's trash in order to obtain DNA sample was sufficiently detailed, probable cause existed. 		Criminal Law and Procedure 4DCA/3 Jun. 5, 2023
Michael M. v. Robin J.
Domestic violence restraining order should have been renewed based on the protected party's genuine, reasonable fear of future abuse despite lack of evidence of recent abuse. 		Family Law 4DCA/1 Jun. 5, 2023
People v. Cody
Defendant was still guilty under the amended felony-murder rule because he was intimately involved in all stages of the burglary that resulted in the victim's death. 		Criminal Law and Procedure 4DCA/3 Jun. 2, 2023
CSHV 1999 Harrison, LLC v. County of Alameda
Limited liability company formed by a state public retirement system for real estate investments was not a political subdivision of the State of California exempt from documentary transfer taxes. 		Tax 1DCA/1 Jun. 2, 2023
U.S. ex rel. Schutte v. Supervalu Inc.
Whether pharmacies violated False Claims Act by overcharging Medicare and Medicaid required analyzing their subjective knowledge rather than questioning if it was objectively reasonable. 		Government USSC Jun. 2, 2023
Slack Technologies, LLC v. Pirani
An entity must own securities traceable to an allegedly misleading registration statement for a claim under Section 11 of the Securities and Exchange Act. 		Securities USSC Jun. 2, 2023
Glacier Northwest, Inc. v. Teamsters
The National Labor Relations Act did not preempt company's tort claims alleging that its employee union intentionally let concrete dry in the trucks during a labor dispute. 		Labor Law USSC Jun. 2, 2023
Hill v. City of Fountain Valley
Qualified immunity applied to officers' alleged warrantless in-home arrest where officers were responding to a potential kidnapping. 		Civil Rights 9th Jun. 2, 2023
Lee v. Fisher
Forum-selection clause inserted in Gap Inc.'s bylaws required shareholder's Security Exchange Act derivative suit against company to be pursued in Delaware. 		Securities 9th Jun. 2, 2023
Morales-Garcia v. Better Produce Inc.
Strawberry marketers not liable for farmworkers' wages as a client employer where they had no control over the farms nor was the harvesting part of the marketers' customary work. 		Employment Law 9th Jun. 2, 2023
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