Civil Procedure Cases
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Civil Procedure

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Brandon Whetten v. Bullard Construction, Inc. — Screening Order Finds Title VII Complaint Fails to State Cognizable Claims and Grants Leave to Amend

A federal magistrate judge screened the pro se, in forma pauperis complaint of a former project superintendent and found that his Title VII religious discrimination and retaliation allegations against his former employer failed to state any cognizable claim, giving him thirty days to amend or stand

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Reginald Blount v. Schultz, et al. — Federal court dismisses habeas petition without prejudice after petitioner fails to pay filing fee or respond

A federal district court adopted a magistrate judge’s findings and recommendations and dismissed a former state prisoner’s habeas petition without prejudice because he failed to pay the filing fee, seek in forma pauperis status, or otherwise respond to the court’s order.

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Anderson Jhoan R.P. v. Warden of the California City Immigration Processing Center — Federal court grants habeas petition and orders immediate release of immigrant detainee held without bond hearing

The Eastern District of California granted a habeas petition and ordered the immediate release of a noncitizen held in civil immigration detention for over three months without a bond hearing, finding the government could not invoke mandatory detention under 8 U.S.C. § 1226(c) because the Notice to

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Yaquin Ponce Aguirre v. Warden, California City Immigration Processing Center — Court Orders Custody-Status Update After Mail Is Returned and ICE Locator Shows No Detainee Record

A federal magistrate judge ordered the respondent to report Yaquin Ponce Aguirre’s custody status within five days after returned mail and an empty ICE detainee-locator search raised the possibility that his immigration-detention habeas petition had become moot.

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Wu v. Superior Court (Gandhi) — Court of Appeal Denies Writ Petition Challenging Good Faith Settlement Determination

The Sixth District Court of Appeal denied a writ petition challenging a trial court’s determination that a settlement between a former executive and investment entities was in good faith under Code of Civil Procedure section 877.6, finding no abuse of discretion in the trial court’s anal

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UHG I, LLC v. Tran — Identity Theft Act and debt collection statutes operate together, but attorney-visit expenses are not actual damages

The Sixth District Court of Appeal held that a debt buyer’s compliance with identity-theft collection procedures did not eliminate liability under California’s Identity Theft Act, but modified the judgment to remove $251 in mileage and parking expenses incurred while meeting with counsel

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Four Dimensions, Inc. v. Louis Wang et al. — Court affirms denial of anti-SLAPP motion because private acquisition warnings were not protected activity

The Sixth Appellate District affirmed the denial of Wang and Li’s special motion to strike because Louis Wang’s cursory, private warnings to a rival bidder neither contributed to public discourse nor were made in connection with an ongoing or immediately pending official proceeding.

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In re I.W., San Bernardino County Children and Family Services v. T.W. and W.Z., Jr. — Juvenile Court Properly Denied Criminal Defendant’s Attorney’s Petition for Access to Minor’s Dependency File

The Fourth District Court of Appeal affirmed the juvenile court’s denial of a criminal defense attorney’s petition on behalf of his client to access a minor’s confidential dependency case file, holding the appeal failed on three independent grounds: the appellant challenged only th

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Luizi Bolombelo-Bunga v. Fereti Semaia, etc., et al. — Federal court denies ICE detainee’s habeas petition with prejudice and orders entry of judgment, upholding immigration judge’s flight risk finding under deferential review

A federal magistrate judge denied and dismissed with prejudice an ICE detainee’s habeas corpus petition challenging his continued detention and ordered entry of judgment, finding the immigration judge’s flight risk determination was not an abuse of discretion under the deferential standa

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Rafael Jimenez-Godinez v. Warden of Desert View Detention Facility, et al. — Court conditionally grants habeas petition and orders release within seven days unless an immigration judge holds a prompt bond hearing

A California federal court conditionally granted Rafael Jimenez-Godinez’s habeas petition, requiring his release within seven days unless he receives a prompt custody-redetermination hearing before an immigration judge.

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