Civil Procedure Cases
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Civil Procedure

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Smothers v. Bonta — Ninth Circuit vacates improperly issued certificate of appealability and dismisses Double Jeopardy habeas appeal for lack of jurisdiction

The Ninth Circuit vacated a certificate of appealability because its certified question presented no constitutional issue and could provide no effectual relief, declined to expand it to the Double Jeopardy claim, and dismissed the appeal for lack of jurisdiction.

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Ace American Insurance Co. v. Superior Court — Excess Insurer’s Intoxication Exclusion Enforceable, Summary Judgment Granted

The Court of Appeal granted a writ of mandate directing the trial court to grant summary judgment for an excess insurer, holding that an intoxication exclusion in an excess rental liability policy is enforceable because the policy was excess to the rental company’s approved self-insurance prog

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Boyden v. Hyundai Motor Co. — Court of Appeal Affirms Quashing of Service for Lack of Personal Jurisdiction Over Korean Automaker

The Fourth District Court of Appeal affirmed the quashing of service on Hyundai Motor Company, holding that marketing a Korea-only SUV using California-based digital platforms and California-themed imagery did not establish the express aiming required for specific personal jurisdiction in California

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In re Marriage of Megan Goblirsch and Clinton Goblirsch — Court of Appeal Affirms Five-Year Renewal of Domestic Violence Restraining Order Based on Reasonable Apprehension of Future Abuse

The Fifth District Court of Appeal affirmed a five-year renewal of a domestic violence restraining order, holding that substantial evidence supported the trial court’s finding that the protected party had a reasonable apprehension of future abuse, and rejecting claims of judicial bias and cons

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Marenco v. Gonzalez — Father’s inadequate appellate record and undeveloped arguments doom challenge to order granting mother sole legal custody

The Fifth District Court of Appeal affirmed a custody order granting a mother sole legal custody because the self-represented father failed to provide an adequate appellate record, including any reporter’s transcript of the custody trial, and failed to develop his arguments with legal authorit

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Margaret Li v. Christopher Jones — Stipulated domestic violence restraining order affirmed because consent judgments are not appealable and the record was inadequate

The Fifth District Court of Appeal affirmed a stipulated three-year domestic violence restraining order, holding that the stipulated resolution was not appealable and, alternatively, that the appellant’s inadequate record required rejection of her challenges.

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Sonny Alexander Ramirez v. Commissioner of Social Security — District Court Adopts Findings and Recommendations, Denies Summary Judgment, Affirms Commissioner, and Directs Judgment for Defendant

The district court adopted the magistrate judge’s findings and recommendations in full, denied Ramirez’s motion for summary judgment, affirmed the Commissioner of Social Security’s final decision, and directed the Clerk to enter judgment in favor of Defendant and close the action.

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Araks Palyan, an individual; Leo Stepanyan, an individual; and Luna Stepanyan, an individual v. Rodney S. Scott, Commissioner for U.S. Customs and Border Protection, et al. — Federal court orders immediate release of two children held in Border Patrol custody under the Flores Settlement Agreement

The Southern District of California granted the habeas petition of a mother and her two children, finding the children’s continued detention in an unlicensed, secure Border Patrol station unlawful under the Flores Settlement Agreement and ordering their immediate release to their father, while

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Ricardo Moctezuma Sanchez v. Tonya Andrews, et al. — Court Orders Respondents to Report the Immigration Detainee’s Current Custody Status and Supporting Documentation

A federal magistrate judge in the Eastern District of California ordered the respondents in a pro se immigration habeas case to tell the court within five days the petitioner’s current custody status and to file supporting documentation, after EOIR and ICE database searches suggested he may ha

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Visions, Botanische- en Reklamefotografie B.V., doing business as Visions Pictures & Photography v. Planet Desert LLC — Court vacates clerk’s default after joint motion and requires a response within 21 days

The Southern District of California granted the parties’ joint motion and vacated the clerk’s entry of default against Planet Desert LLC, finding good cause under Rule 55(c) and ordering a response to the complaint within 21 days.

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Fermin Saavedra Morales v. Jeremy Casey, et al. — Court Orders Evidentiary Hearing on Whether ICE Had Warrant and Probable Cause for Immigration Arrest

A federal court ordered an evidentiary hearing to determine whether ICE agents had an administrative warrant when they arrested a Bolivian visa overstay and, if not, whether they had probable cause to believe he was likely to escape before a warrant could be obtained.

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Jennifer Whitehead v. Republic Services, Inc. — Court Denies Summary Judgment on Punitive Damages, Finding Triable Issues on Managing Agent Status and Malice

The court denied Republic Services’ motion for summary judgment on punitive damages, holding that triable issues of fact exist as to whether two corporate executives were managing agents and whether the company acted with oppression, fraud, or malice under California law.

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Central Valley Air Quality Coalition, a fiscally sponsored project of Social and Environmental Entrepreneurs, Inc., Committee for a Better Arvin, a nonprofit corporation, Committee for a Better Shafter, a nonprofit corporation, Delano Guardians, an unincorporated association, and Social and Environmental Entrepreneurs, Inc., a nonprofit corporation v. San Joaquin Valley Unified Air Pollution Control District, and the Governing Board of the San Joaquin Valley Unified Air Pollution Control District — District Court Denies Interlocutory-Appeal Certification and Stay on Clean Air Act Citizen-Suit Question

The district court denied the Air District’s motion to certify an interlocutory appeal and to stay proceedings, holding that controlling Ninth Circuit precedent forecloses any substantial ground for difference of opinion on whether the Clean Air Act authorizes citizen suits against regulators.

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