The California Supreme Court holds that juvenile courts cannot terminate a parent’s rights based solely on a finding that the children are likely to be adopted, and that the mother’s trial counsel here was constitutionally ineffective for failing to assert her statutory right to reunific
The Ninth Circuit affirms denial of an I-130 spousal petition under the marriage fraud bar, holding that the bar applies to attempts to enter sham marriages even without follow-on benefits applications and that USCIS need not produce the ex-spouse for cross-examination.
The Ninth Circuit stays a Portland district court injunction barring federal officers from using tear gas to disperse demonstrators outside an ICE facility, holding that nearby apartment residents likely have no substantive-due-process right to be free from incidental chemical exposure.
The Ninth Circuit stays a sweeping district court injunction that had restricted federal officers’ use of non-lethal crowd-control munitions and ordered ICE agent uniforms redesigned, holding the underlying First Amendment retaliation theory unlikely to succeed and the relief overbroad and imp
Third District affirms denial of anti-SLAPP motion to strike a cross-complaint challenging the validity of an air quality management district’s underlying interpretive policy, holding that the cross-complaint did not arise from the district’s protected enforcement activities.
First District affirms approval of 44-unit mixed-use infill housing project on former shopping center site in San Ramon, holding that the project was consistent with the City’s general plan and zoning ordinance and that aspirational planning language did not impose mandatory master plan requir
First District holds that a probation condition allowing the probation department to incarcerate a defendant for up to 120 days without a court hearing improperly delegates judicial authority and that denying custody credit for residential treatment requires a knowing waiver under Penal Code section
Second District affirms denial of Blue Origin’s motion to compel arbitration of former employee’s FEHA sexual harassment and other claims, holding that the arbitration agreement is both substantively and procedurally unconscionable due to lack of mutuality and one-sided carve-outs, and t
Fourth District grants writ of mandate striking a $25,000 attorney’s fee condition the trial court had imposed sua sponte on the plaintiff’s leave to amend her complaint, holding that Code of Civil Procedure section 473 does not authorize fee awards as conditions of amendment.
The California Supreme Court holds that courts must independently review whether the Coastal Commission has appellate jurisdiction over a local permit decision and that the Commission cannot exercise that jurisdiction merely because a site allows multiple principal uses.