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Name Category Published
Albrecht v. County of Riverside
Possessory interest tax imposed by the county and others on Native American tribes was not preempted by the Indian Reorganization Act. 		Native American Affairs 4DCA/2 Sep. 13, 2021
Jurado v. Davis
A videotape proffered by defendant purportedly showing his remorse was properly excluded because there was no substantial evidence of trustworthiness or reliability. 		Criminal Law and Procedure 9th Sep. 13, 2021
Diaz-Rodriguez v. Garland
A non-citizen defendant was not removable under a child endangerment statute because the statute criminalized conduct that fell short of the generic definition of child abuse. 		Immigration 9th Sep. 13, 2021
Ervin v. Davis
Rejecting defendant's claim of racially-motivated peremptory strikes was unreasonable because the district court ignored relevant factors. 		Criminal Law and Procedure 9th Sep. 13, 2021
Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief. 		Arbitration 9th Sep. 13, 2021
Marriage of Pletcher
The trial court erred when it calculated pendent lite spousal support based on one abnormally high year of income. 		Family Law 4DCA/3 Sep. 13, 2021
Sandoval v. Qualcomm Inc.
A party who fully and effectively delegates work to a contractor owes no tort duty to that contractor's workers. 		Torts CASC Sep. 10, 2021
Modification: Alameda County Waste Management Authority v. Waste Connections US, Inc.
Local governments may inspect and copy landfill records without having to prove as a factual matter necessity for the records. 		Utilities 1DCA/2 Sep. 10, 2021
Vasquez v. Dept. of Pesticide Regulation
Department of Pesticide Regulation's township cap program, governing yearly pesticide use, was an underground regulation that required replacement through formal rulemaking. 		Government 1DCA/1 Sep. 10, 2021
Bell v. Wilmot Storage Services
The de minimis exception to copyright infringement applies to the substantial similarity element, rather than to the extent that defendant displays infringing material. 		Copyright 9th Sep. 10, 2021
Etemadi v. Garland
An immigration judge clearly erred when discounting evidence that applicant had become a Christian. 		Immigration 9th Sep. 10, 2021
Benedicto v. Garland
Procedural safeguards from an immigration judge protected a mentally incompetent petitioner's due process rights. 		Immigration 9th Sep. 10, 2021
Hudson v. Foster
In setting aside an order approving conservator's account based on extrinsic fraud, conservatees are not required to establish that the fraud was undiscoverable prior to approval of the account. 		Conservatorship 2DCA/5 Sep. 9, 2021
Chavez v. Robinson
Because defendant's statements were not used against him in a criminal case, defendant could not bring a civil action for damages against the government. 		Criminal Law and Procedure 9th Sep. 9, 2021
U.S. v. Green
When defendant visited a pornographic website, he violated the terms of his supervised released that forbade him from patronizing any place where sexually explicit materials are the primary material available. 		Criminal Law and Procedure 9th Sep. 9, 2021
Alam v. Garland
In light of the REAL ID Act, adverse credibility determinations require consideration of the totality of the circumstances, replacing the previous "single factor rule." 		Immigration 9th Sep. 9, 2021
Modification: People v. Perez
Superior court has discretionary authority, after considering totality of circumstances, to deem to Penal Code Section 1473.7 motion timely even if moving party did not act with reasonable diligence. 		Criminal Law and Procedure 5DCA Sep. 9, 2021
In re James Christopher Patow
Documents executed by a trust beneficiary, which purported to waive his interest under the trust, constituted a valid disclaimer. 		Bankruptcy BAP Sep. 8, 2021
In re Gabino F.A. Duran
Dismissals in bankruptcy cases trigger a Bankruptcy Code Section 349(a) issue whether 'cause' exists to order that dismissal be with prejudice. 		Bankruptcy BAP Sep. 8, 2021
In re Sherrie Nicole Lockhart- Johnson
Bankruptcy court should allow complaint to be amended where creditor filed within deadline and amended claim, based on same conduct, could relate to original complaint's date. 		Bankruptcy BAP Sep. 8, 2021
Iraheta-Martinez v. Garland
Because a non-citizen became an adult who no longer needed to live with his abusive father, he would not be persecuted in the future due to 'changed circumstances.' 		Immigration 9th Sep. 8, 2021
Csutoras v. Paradise High School
Department of Education's suggestions for preventing harassment of disabled students are not binding precedent in disability discrimination suits for monetary damages. 		Disability Discrimination 9th Sep. 8, 2021
Harris v. Thomas Dee Engineering Co., Inc.
An expert's declaration that purportedly contradicted his earlier deposition should have been considered on summary judgment because the declaration did not prejudice the opposing party. 		Torts 1DCA/5 Sep. 7, 2021
People v. Rodriguez
Criminal defendants are only eligible for mental health diversion until they are convicted or plead guilty. 		Criminal Law and Procedure 4DCA/1 Sep. 7, 2021
Guardianship of S.H.R.
Special immigrant juvenile petition requires a showing that child's reunification with parents is unviable due to abuse, abandonment, or neglect, and a fear of gangs does not fall into any of those categories. 		Juveniles 2DCA/1 Sep. 7, 2021
U.S. v. Juliano
Counsel's failure to anticipate legislation that reduced minimum sentences was not objectively unreasonable given that it was unclear whether it would become law at time of defendant's sentencing. 		Criminal Law and Procedure 9th Sep. 7, 2021
Woodhill Ventures, LLC v. Yang
Defendant's statements were not made in connection with an issue of 'candy confusion' but were aimed to whip up a crowd for vengeful retribution against a bakery. 		Anti-SLAPP 2DCA/8 Sep. 7, 2021
Carcamo v. L.A. County Sheriff's Dept.
City ordinances criminalizing acts related to public drunkenness are preempted because they conflict with Section 647(f). 		Civil Rights 2DCA/3 Sep. 7, 2021
Modification: Herrera v. Doctors Medical Center of Modesto
PAGA claims cannot be forced into arbitration based on agreements made by the former employees before they became authorized representatives of the state. 		Arbitration 5DCA Sep. 3, 2021
People v. Grabham
Dual convictions of Vehicle Code Sections 23152(a) and 23152(b) prohibiting driving under the influence are 'both possible and proper.' 		Criminal Law and Procedure 1DCA/4 Sep. 3, 2021
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