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Name Category Published
Duncan v. Kihagi
Complaints from other tenants were not considered character evidence regarding the landlord because they countered attempts to depict plaintiff as an overly sensitive tenant.
Evidence 1DCA/1 Sep. 3, 2021
Giha v. Garland
Deportee claiming derivative U.S. citizenship based on parent's naturalization is required to present more evidence of parent's dissolution than a travel authorization.
Immigration 9th Sep. 3, 2021
Garcia v. City of Los Angeles
Plaintiffs were likely to succeed on their claim that the destruction of bulky items stored in a public area violated the Fourth Amendment's protection against unreasonable seizures.
Civil Rights 9th Sep. 3, 2021
Corrigan v. Haaland
Interior's Interior Board of Land Appeals properly applied the statutes establishing that a grazing preference cannot be exercised after the corresponding grazing permit is not renewed for bad behavior.
Administrative Agencies 9th Sep. 3, 2021
Martin v. Sundial Marine Tug & Barge Works
Under the Longshore and Harbor Workers' Compensation Act, Section 910(a) can 'reasonably and fairly' be applied even when a five-day worker works more than 260 days.
Administrative Agencies 9th Sep. 3, 2021
Modification: In re Friend
Proposition 66's new restrictions on presentation of habeas corpus claims in 'successive' petitions apply only to those claims that were or could have been raised in earlier petition, not on newly available claims.
Criminal Law and Procedure CASC Sep. 3, 2021
Whole Woman's Health v. Jackson
Order
USSC Sep. 3, 2021
Ashby v. Ashby
In domestic violence restraining order context, challenging sufficiency of evidence requires setting forth, discussing and analyzing both favorable and unfavorable evidence.
Family Law 4DCA/3 Sep. 2, 2021
Pearce v. Briggs
Because a will's operative language did not reflect an unequivocal intent to irrevocably sever a joint tenancy, the joint tenancy interest was not severed.
probate_and_trusts 5DCA Sep. 2, 2021
In re Moore
Defendant's age is a relevant factor in determining whether defendant acted with reckless indifference to human life.
Criminal Law and Procedure 1DCA/3 Sep. 2, 2021
Landis v. Wash. State MLB Stadium Pub. Facilities Dist.
Because district court did not analyze second 'Accessible Stadiums' requirement, its decision concluding that stadium satisfied Americans with Disabilities Act was vacated.
Disability Discrimination 9th Sep. 2, 2021
Rodriguez-Ramirez v. Garland
Several inconsistencies in asylum applicant's testimony directly regarding his claim of persecution supported an adverse credibility determination.
Immigration 9th Sep. 2, 2021
In re Murray
No equal protection violation in affording juvenile life without parole offenders a youth offender hearing but denying such a hearing to youthful (18 to 25) offenders.
Civil Rights 1DCA/2 Sep. 2, 2021
In re Nichols
Bankruptcy courts are prohibited from invoking equitable considerations to contravene 11 U.S.C. Section 1307(b)'s express language conferring upon Chapter 13 debtors absolute right to dismiss their case.
Bankruptcy 9th Sep. 2, 2021
Wolstoncroft v. County of Yolo
Reverse validation proceedings may be subject to equitable tolling by parties' agreement.
Civil Procedure 3DCA Sep. 1, 2021
City of Chico v. Superior Court
Government Code Section 831.2 provided governmental immunity to city when 130-year-old tree's branch that predated city's park fell on plaintiff.
Immunity 3DCA Sep. 1, 2021
People v. Rodriguez
Penal Code Section 1473.7 does not bar defendants from moving to vacate a past conviction at a time when they are in custody for another, unrelated conviction.
Criminal Law and Procedure 1DCA/2 Sep. 1, 2021
Swenberg v. Dmarcian
Foreign defendant purposefully availed himself to California when he presented himself as a leader of a California corporation and participated in business phone calls regarding day-to-day operations in California.
Civil Procedure 1DCA/2 Sep. 1, 2021
Wasito v. Kazali
Labor Code Sections 206 and 206.5 preclude Code of Civil Procedure Section 998 offer that resolves disputed wage claims if there are undisputed wages due at time of offer.
Labor Law 2DCA/6 Sep. 1, 2021
Green v. Healthcare Services, Inc.
Because jury found that treatment facility was negligent and its negligence was a cause of patient's suicide, court did not err in not instructing jury on superseding cause defense.
Torts 4DCA/3 Sep. 1, 2021
People v. Saxton
Defendant who was convicted of both misdemeanor exempt from Assembly Bill 1950's probation term limits and nonexempt felony can be ordered to serve term of formal probation specified by exempt misdemeanor.
Criminal Law and Procedure 2DCA/6 Sep. 1, 2021
Wang v. City of Sacramento Police Dept.
Government Code Section 53069.4 appeal is available where the amount in controversy exceeds $25,000.
statutory_interpretation 3DCA Sep. 1, 2021
Amjadi v. Brown
Attorney may not settle client's case over client's objection and any provision of retainer agreement purporting to give attorney such authority is void.
Attorneys 4DCA/3 Sep. 1, 2021
Gov't of Guam v. Guerrero
District court did not err in applying the presumption of regularity where original certificates had been lost, but other internal records suggested that certificates of assessment had been timely issued.
Tax 9th Sep. 1, 2021
Yu v. Idaho State University
Because an international doctoral student had received numerous negative evaluations, University did not act with unconscious racial bias when it dismissed him from his program.
Civil Rights 9th Sep. 1, 2021
Rozanova v. Uribe
Photocopies of exhibits for a vexatious litigant motion are recoverable under Code of Civil Procedure Section 1033.5(a).
Civil Procedure 6DCA Sep. 1, 2021
Reddish v. Westamerica Bank
Because defendant might ultimately recover costs as a prevailing party, an order requiring the parties to split deposition costs was not appealable before a final judgment.
Civil Procedure 1DCA/5 Aug. 31, 2021
Olson v. Hornbrook Community Services District
State Water Resources Control Board, not the court, should decide issues pertaining to operator certification.
Administrative Agencies 3DCA Aug. 31, 2021
Modification: People v. Wilson
Unlawful and forcible entry into residence is predicate to application of Home Protection Bill of Rights presumption, and porch is not within residence.
Criminal Law and Procedure 3DCA Aug. 31, 2021
Modification: Kim v. R Consulting & Sales, Inc.
Contempt proceedings cannot form basis of malicious prosecution cause of action because contempt is a subsidiary procedural action; thus, anti-SLAPP motion was properly granted.
Anti-SLAPP 4DCA/1 Aug. 31, 2021