Eastern District of California rejects the federal government’s argument that the entry fiction doctrine and the older Barrera-Echavarria decision foreclose due process protections for noncitizens paroled into the country, ordering immediate release.
Eastern District of California rules on pre-trial motions in limine, allowing the plaintiff in a FEHA disability discrimination case to introduce comparator evidence about other employees’ misconduct and rejecting the employer’s argument that subsequent comparable employment fully cuts o
The court ordered the immediate release of a Honduran national who had been on an immigration Order of Supervision since 1999 and detained at his routine annual check-in without notice of revocation or the regulatory interview, ruling that ICE’s failure to follow its own procedures violated du
Judge Christina Snyder granted summary judgment for VMG Partners and other investors on a Defend Trade Secrets Act claim because plaintiff Vitamin Friends LLC could not show it owned the supplier trade secrets — its affiliate Better Nutritionals did. Repeat fraud, RICO, and breach-of-fiduciary-duty
Judge Pitts dismisses all twenty causes of action brought by a Marina dentist-turned-landlord who claimed the city escalated property-code enforcement against him after he filed Public Records Act requests, finding pleading deficiencies on Monell, First Amendment, equal protection, takings, excessiv
Judge Anne Hwang granted plaintiff’s motion to remand a foreclosure suit to Ventura County Superior Court after he amended his complaint to drop federal claims, rejecting the defendants’ fraudulent-joinder argument as not meeting the Ninth Circuit’s heavy burden under Grancare.
Judge Pitts denies in large part Santa Clara County’s motion to dismiss a hospital sterile-processing educator’s First Amendment and California whistleblower claims, but trims away time-barred individual defendants and a stale FEHA retaliation theory.
Judge Martínez-Olguín refuses to send a Song-Beverly lemon-law case back to Alameda County Superior Court, holding that Jaguar Land Rover’s 30-day removal clock did not start until it obtained the underlying sales contract showing the amount in controversy.
Magistrate Judge Spero grants HealthRIGHT 360 judgment on the pleadings on the survivor claim brought by the daughter of a man who fatally overdosed in its San Francisco sober-living program, holding that California law forbids dressing up a wrongful-death claim as a survivor cause of action.
Eastern District of California issues a temporary restraining order requiring ICE to immediately release an Eritrean asylum-seeker re-detained at a routine check-in, holding the detention violated both the Immigration and Nationality Act and the Fifth Amendment’s Due Process Clause.