The California Court of Appeal, Fourth District, holds that a juvenile court cannot assert jurisdiction under Welfare and Institutions Code section 300(e) over a child who has turned five by the time of the jurisdiction hearing, even if the severe physical abuse occurred when the child was under five.
The California Court of Appeal, First District, holds that a marital settlement provision awarding one spouse the home ‘and all debts thereon’ does not include an implied obligation to remove the other spouse from the mortgage — practitioners must draft that term explicitly.
The California Court of Appeal, First District, affirms dismissal of a second CEQA challenge to the Bay Lights 360 LED art installation on the Bay Bridge, holding that a Caltrans encroachment permit did not create a new project or restart the statute of limitations, and that issue preclusion barred relitigation.
The First District holds that a divorce settlement awarding one spouse the marital home ‘and all debts thereon’ does not implicitly require removing the other spouse from the mortgage, reinforcing that such obligations must be explicitly stated.
In a case of first impression, the Fourth District holds that section 300(e) juvenile dependency jurisdiction requires the child to be under five at the time of the hearing, not when the abuse occurred — reversing findings against a child who turned five before the hearing.
The First District affirms that a CEQA challenge to the Bay Bridge’s Bay Lights 360 LED installation is time-barred, holding that a subsequent Caltrans encroachment permit does not create a new project or restart the limitations period, and issue preclusion bars relitigating questions resolved
The Ninth Circuit holds that abandonment recognized by a Mexican court constitutes a ‘legal separation’ for derivative citizenship under former 8 U.S.C. section 1432, granting a petition for review and finding the petitioner derived U.S. citizenship from his naturalized mother.
The Ninth Circuit reverses an ERISA denial of a disc replacement surgery, holding that Cigna abused its discretion by relying on its own internal policy rather than the governing plan document, and that the district court improperly affirmed using rationales never raised during the administrative pr
The Ninth Circuit denies qualified immunity to two former SFPD inspectors accused of fabricating evidence that led to Joaquin Ciria’s 32-year wrongful imprisonment, holding that the right not to be charged based on deliberately fabricated evidence was clearly established by 1990.
In a companion to the published Ciria v. Gerrans opinion, the Ninth Circuit grants qualified immunity on the wrongfully imprisoned man’s son’s familial association claim, finding the specific right was not clearly established in 1990 — even though the father’s own fabrication-of-ev