Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H050156
|
People v. Howard
Denying defendant's Racial Justice Act motion at the prima facie stage was error when defendant provided sufficient evidence to establish that a violation could have occurred. |
Criminal Law and Procedure |
|
A. Danner | Aug. 29, 2024 |
A169823
|
T.M. v. Superior Court (People)
Where minor's counsel declared doubt as to minor's competency, psychotherapist-patient privilege did not bar disclosure of minor's mental health records to court-appointed expert in competency proceeding. |
Juveniles |
|
D. Chou | Aug. 29, 2024 |
23-55757
|
North River Insurance Company v. James River Insurance Company
Order |
|
Aug. 29, 2024 | ||
23-35193
|
Crowe v. Oregon State Bar
Dues-paying bar member established an infringement on his freedom of association after Oregon State Bar's publication of statements antithetical to his views and unrelated to its regulatory purpose. |
Constitutional Law, Attorneys |
|
M. Friedland | Aug. 29, 2024 |
23-15108
|
Civil Beat Law Center v. Maile
Hawai'i Court Records Rule mandating categorical sealing of all medical and health records filed in state court proceedings was unconstitutionally overbroad. |
Constitutional Law |
|
R. Paez | Aug. 29, 2024 |
23-55423
|
Marroquin v. City of Los Angeles
"Reasonable diligence" is an express requirement to receive relief from judgment under FRCP 60(b)(2), which even the "conclusive" nature of newly discovered evidence cannot excuse. |
Civil Procedure |
|
B. Bade | Aug. 28, 2024 |
22-16936
|
Salas v. U.S.
Animal Welfare Act's amended prohibition on cockfighting applied to the Mariana Islands where the prohibition met applicability requirements of the Covenant establishing relations between the United States and the Islands. |
Animal Law |
|
L. Koh | Aug. 28, 2024 |
C099223
|
People v. Dauterman
Credits for time served on suspended sentence did not reduce felony defendant's period of probation. |
Criminal Law and Procedure |
|
S. Boulware Eurie | Aug. 27, 2024 |
24-90085
|
In re Complaint of Judicial Misconduct
Order |
|
Aug. 27, 2024 | ||
21-1325
|
Zia v. Garland
Ninth Circuit lacked jurisdiction to address defendant's factual challenge to the adverse credibility finding made by the Bureau of Immigration Appeals. |
Immigration |
|
C. Callahan | Aug. 27, 2024 |
20-73293
|
Meza-Carmona v. Garland
Foreign-born appellant's application for citizenship was properly denied when he failed to show by preponderance of evidence that his mother met continuous physical presence requirement. |
Immigration |
|
A. Johnstone | Aug. 27, 2024 |
S277072
|
In re Tellez
Defendant was unable to show that counsel's failure to advise him of possible Sexually Violent Predator Act commitment following a guilty plea prejudiced his decision to take the deal. |
Criminal Law and Procedure |
|
K. Evans | Aug. 27, 2024 |
S274147
|
Modification: Meinhardt v. City of Sunnyvale
In administrative mandate proceedings, the time for filing an appeal does not begin to run until entry, or notice of entry, of a judgment. |
Civil Procedure |
|
M. Jenkins | Aug. 26, 2024 |
H049810
|
People v. Guenther
Instructing jury on elements of sodomy and oral copulation by duress not error where the prosecution chose to frame its case in those terms and presented evidence supporting that theory. |
Criminal Law and Procedure |
|
A. Danner | Aug. 26, 2024 |
C097565
|
People v. Brannon-Thompson
At a Section 1172.75 resentencing, the Penal Code does not require aggravating factors to be found true beyond a reasonable doubt if the upper term was previously imposed. |
Criminal Law and Procedure |
|
R. Wiseman | Aug. 26, 2024 |
C100036
|
Sellers v. Superior Court (People)
Presence of a "usable" amount of unlawfully possessed marijuana, together with the other facts observed or known to the police officers, provided probable cause to search the vehicle. |
Criminal Law and Procedure |
|
P. Krause | Aug. 26, 2024 |
D080471
|
People v. Holliday
Conviction reversed where trial court's modified jury instruction could cause jury confusion as to the standard of proof necessary for conviction. |
Criminal Law and Procedure |
|
M. Buchanan | Aug. 26, 2024 |
A167187
|
Malinowski v. Martin
Dashcam evidence of communications during supervised exchange of children involved in a domestic violence dispute was not confidential under the Privacy Act. |
Evidence, Family Law |
|
C. Fujisaki | Aug. 26, 2024 |
A166291
|
People v. Anderson
Though felons' right to bear arms is constitutionally protected, because California's regulations of felons' firearm possession comport with traditional firearm regulation, they do not violate that right. |
Criminal Law and Procedure |
|
A. Tucher | Aug. 26, 2024 |
23-35438
|
Zeyen v. Bonneville Joint District
Idaho Constitution's provision of "free common schools" did not give rise to a vested private property interest in specific educational benefits to which the Takings Clause could attach. |
Constitutional Law |
|
M. Murguia | Aug. 26, 2024 |
22-55744
|
Amended Opinion: Lytle v. Nutramax Laboratories,Inc.
At the class certification stage, plaintiffs may use a reliable, unexecuted damages model to show that damages are susceptible to common proof. |
Civil Procedure |
|
J. Rakoff | Aug. 26, 2024 |
22-55944
|
In re: Kirkland and Rund
Mens rea instruction for a Ponzi scheme was unnecessary because fraudulent intent is presumed from evidence of the existence of a Ponzi scheme established through objective criteria. |
Bankruptcy |
|
G. Sanchez | Aug. 26, 2024 |
23-16020
|
C.R. Bard, Inc. v. Atrium Medical Corp.
A minimum royalty provision applicable to two patents was still enforceable following the expiration of one of the patents. |
Patent Law, Contracts |
|
P. Curiam (9th Cir.) | Aug. 26, 2024 |
F081373
|
Cisneros v. Dept. of Motor Vehicles
DUI drivers' petition for rehearing was granted after Department of Motor Vehicle hearing officers' improperly denied drivers' request for continuances. |
Administrative Agencies |
|
D. Franson | Aug. 23, 2024 |
B331652
|
People v. Sorto
A functionally-equivalent LWOP sentence for a minor should be treated equivalently to an explicit LWOP for the purposes of resentencing following the amendment of the Penal Code. |
Criminal Law and Procedure, Constitutional Law |
|
A. Egerton | Aug. 23, 2024 |
22-35075
|
Mayes v. American Hallmark Insurance Co.
Notice of removal filed after the defendant had received the complaint but before formal service was timely because the removal statute did not require formal service as a prerequisite. |
Civil Procedure |
|
J. Sung | Aug. 23, 2024 |
21-55685
|
Ronderos v. USF Reddaway Inc.
District court did not abuse its discretion in declining to sever unconscionable terms of an arbitration agreement containing unfair surprise and one-sided terms. |
Arbitration |
|
J. Sung | Aug. 23, 2024 |
23-35197
|
Miller v. Sawant
Parties seeking to depose expert witnesses were responsible for the experts' reasonable fees incurred during, and in preparation for, the depositions regardless of the ultimate admissibility of their opinions. |
Civil Procedure |
|
C. Bea | Aug. 23, 2024 |
23-55134
|
Estate of Bride v. Yolo Technologies Inc.
Communications Decency Act did not shield anonymous messaging app from plaintiffs' misrepresentation claims. |
Cyber Law |
|
E. Siler | Aug. 23, 2024 |
23-912
|
U.S. v. Trumbull
Defining a "semi-automatic firearm capable of accepting a large capacity magazine" as one that is capable of attaching of magazine of fifteen or more rounds was reasonable in light of numerous states and Congress adopting similar definitions. |
Criminal Law and Procedure |
|
J. Owens | Aug. 23, 2024 |