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Name Category Published
Singh v. Garland
In abstentia removal order was rescinded for a petitioner whose hearing was rescheduled two years earlier than the original date and whose attorney failed to file a notice of appearance.
Immigration 9th Sep. 18, 2024
Cardona v. Soto
Trial court's failure to record, or otherwise inform father of the substance of, daughter's in-chambers testimony violated father's due process rights in domestic violence proceeding.
Family Law 1DCA/1 Sep. 18, 2024
Feehan v. Superior Court (Seto)
Courts have the authority to issue pendente lite visitation when a petitioner makes a prima facie case for parentage.
Family Law 1DCA/3 Sep. 17, 2024
Upland Community First v. City of Upland
Where substantial scientific and factual evidence supported project's use of emission's threshold amount, trial court erred in concluding otherwise.
Environmental Law 4DCA/2 Sep. 17, 2024
Spencer v. Pew
An officer's use of force, placing his weight on a handcuffed, previously resisting suspect, was not covered by qualified immunity.
Qualified Immunity 9th Sep. 17, 2024
Lexington Insurance Co. v. Smith
Order
9th Sep. 17, 2024
D'Augusta v. American Petroleum Institute
Plaintiffs were jurisdictionally barred from pursuing antitrust lawsuit against oil companies' purported collusion with Russia, Saudi Arabia, and former President Trump when it would involve intruding into executive branch powers.
Constitutional Law, Antitrust 9th Sep. 17, 2024
International Petroleum Products and Additives Company, Inc. v. Black Gold S.A.R.L.
Bankruptcy Appellate Panel's order reversing denial of recognition of foreign bankruptcy proceedings did not result in retroactive triggering of the automatic stay as of the date of the denial.
Bankruptcy 9th Sep. 17, 2024
Cole v. Superior Court (People)
Because a rational basis existed for the statutory differences among the civil commitment statutes, individual with developmental disability's equal protection rights were not implicated.
Criminal Law and Procedure 1DCA/3 Sep. 16, 2024
Clarke v. Gordon
Administrative per se hearing violated due process where record indicated hearing officer had acted as adjudicator and advocate despite stating she was only acting as trier of fact.
Administrative Agencies, Constitutional Law 4DCA/3 Sep. 16, 2024
Modification: In re Dezi C.
Failure to conduct an adequate inquiry under the Indian Child Welfare Act requires conditional reversal to comply with the statute's inquiry provisions.
Dependency CASC Sep. 16, 2024
Review granted: People v. Williams
Trial court's denial of defendant's Penal Code Section 1172.6 resentencing request based on review of preliminary hearing transcripts and plea colloquy was improper.
Criminal Law and Procedure 5DCA Sep. 16, 2024
Review granted: People v. Meno
A sentence for lesser included necessary offense to a larger conviction could stand provided a defendant was not also sentenced for the greater offense.
Criminal Law and Procedure 4DCA/1 Sep. 16, 2024
League of California Cities v. Federal Communications Commission
Federal Communications Commission's subsequent order--clarifying wireless towers' concealment and siting requirements--was an impermissible, unlawful legislative act.
Administrative Agencies, Municipal Law 9th Sep. 16, 2024
In re Gilberto G.
Evidence of single instance of alcohol abuse while caring for children did not support finding mother posed risk of danger to her children at the time of the jurisdiction hearing.
Dependency 2DCA/7 Sep. 16, 2024
Review granted: Keeton v. Tesla
Tesla materially breached arbitration agreement by paying pre-hearing arbitration deposit three days late because CCP Section 1281.98's 30-day payment requirement must be strictly enforced.
Arbitration 1DCA/1 Sep. 16, 2024
City of Gridley v. Superior Court (McMillan)
City's decrease of existing electric utility rates did not violate the California Constitution because it did not impose, extend, or increase any tax or rate.
Constitutional Law, Utilities 3DCA Sep. 13, 2024
San Francisco Apartment Assn. v. City and County of San Francisco
San Francisco's ordinance extending 3-day notice to 10 days for landlords pursuing at-fault evictions was completely preempted by state law.
Municipal Law, Real Property 1DCA/2 Sep. 13, 2024
Amended Opinion: U.S. v. Page
Statute of limitations for action to recover erroneous tax refund did not begin to run until the check clearance date because that was when the refund was made, not when the taxpayer received the check.
Tax 9th Sep. 13, 2024
Live Life Bella Vita, LLC v. Cruising Yachts, Inc.
A third party seeking indemnity from a vessel owner in a claim covered by the Limitation of Liability Act is a separate claimant for the purposes of the Act.
Maritime Law 9th Sep. 13, 2024
U.S. v. Avendano-Soto
*Montoya*'s pronouncement requirement was met where district court ensured defendant reviewed and understood presentencing report which incorporated probation requirements.
Criminal Law and Procedure 9th Sep. 13, 2024
U.S. v. Brewster
No clear error in finding criminal defendant's flight put at least one motorist at substantial risk of serious bodily injury and applying sentencing enhancement based on dashcam video.
Criminal Law and Procedure 9th Sep. 13, 2024
People v. Ingram
Defendant-appellant seeking release under Sexually Violent Predator Act failed to meet his burden of proof where expert testimony showed he was not cured and presented an above-average risk of reoffending.
Criminal Law and Procedure 3DCA Sep. 13, 2024
McCurry v. Singh
Physician had no duty of care when his overall actions did not establish a physician-patient relationship with decedent.
Torts, Health Care 3DCA Sep. 12, 2024
Silloway v. City and County of San Francisco
Summary judgment on overtime claim was improper where material questions of fact existed as to whether City of San Francisco's published salary ordinance was actually used in practice.
Employment Law 9th Sep. 12, 2024
Lopez v. Garland
Board of Immigration Appeals decision that Reno petit larceny was a "crime involving moral turpitude" was entitled to deference and supported the denial of petitioner's request for asylum.
Immigration 9th Sep. 12, 2024
U.S. v. Shen Zhen New World I, LLC
For the bribe-giver, it is sufficient to demonstrate a requisite intent to influence an official rather than an agreement for quid pro quo for a conviction on federal bribery charges.
Criminal Law and Procedure 9th Sep. 12, 2024
Lynch v. Peter & Associates
Despite having no contract with homeowner, geotechnical inspection company owed homeowner a duty of care to perform with skill expected of professional in its position.
Business Law, Torts 4DCA/3 Sep. 12, 2024
In re V.S.
Juvenile court abused its discretion in choosing, sua sponte, guardianship over adoption.
Dependency 2DCA/4 Sep. 11, 2024
Modification: 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 3DCA Sep. 11, 2024