26 results for 'judge:"Sanchez"'.
J. Sánchez grants Philadelphia’s motion to preclude a “2021 Philadelphia Police Advisory Policy, Practice, and Custom Report” that documents the department’s process for civilian complaints against police; this case stems from the suing civilian’s wrongfully conviction for murder, for which he was put on death row for 25 years. He did not explain if the report discusses similar conduct to the kind that took place during his own arrest.
Court: USDC Eastern District of Pennsylvania, Judge: Sanchez, Filed On: April 12, 2024, Case #: 2:18cv2689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Evidence
J. Sanchez declined to dismiss an appeal as moot in consolidated appeals from district court orders subjecting two defendants to a condition of pretrial release that temporarily barred them from possessing firearms pending trial. The Bail Reform Act of 1984’s firearm condition on pretrial release is constitutional as applied to defendants.
Court: 9th Circuit, Judge: Sanchez , Filed On: March 18, 2024, Case #: 22-50316 , Categories: Firearms
J. Sanchez declined to dismiss an appeal as moot in consolidated appeals from district court orders subjecting two defendants to a condition of pretrial release that temporarily barred them from possessing firearms pending trial. The Bail Reform Act of 1984’s firearm condition on pretrial release is constitutional as applied to defendants.
Court: 9th Circuit, Judge: Sanchez, Filed On: March 18, 2024, Case #: 22-50314, Categories: Firearms
J. Sanchez declines to grant a preliminary injunction in pro se claims challenging various aspects of a will for fraudulent accounting documents. The decedent's son failed to demonstrate he will likely succeed because the underlying complaint had been dismissed due to pleading deficiencies and for jurisdictional reasons. Meanwhile, the state attorney general had no inherent conflict of interest in representing state defendants.
Court: USDC New Jersey, Judge: Sanchez , Filed On: March 12, 2024, Case #: 3:22cv1276, NOS: Other Civil Rights - Civil Rights, Categories: Wills / Probate, Jurisdiction
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J. Sanchez finds that the trial court properly excluded new testimony from a wife's appraiser about the size of the lot containing the family home in a divorce proceeding. The wife failed to provide documentary evidence to support her contention that the lot was actually larger than the 9,000 square feet described in both her and the husband's appraisal reports, so any new testimony about the lot size would be hearsay. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: February 8, 2024, Case #: G061866, Categories: Evidence, Family Law
J. Sanchez finds that the district court properly entered a conviction against an individual on one count of conspiracy to aid and abet his brother to Mexico to avoid prosecution for the murder of a police officer. The evidence was sufficient to show that the individual knew about and specifically intended to help his brother cross the border to Mexico to avoid prosecution. Affirmed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 26, 2024, Case #: 21-10109, Categories: Evidence, Murder, Conspiracy
J. Sanchez denies a petition for panel rehearing and enters an amended order reversing the district court’s dismissal of the relator's action under the False Claims Act against Dr. Falk Pharma GmbH and drugmaker Valeant Pharmaceuticals International, Inc. The relator claims that Valeant fraudulently obtained two sets of patents related to a drug and used those patents to stifle competition from generic drugmakers. Publicly disclosed facts did not make a direct claim that Valeant committed fraud or permit a reasonable inference of fraud, so the public disclosure bar was not triggered. Reversed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 5, 2024, Case #: 20-16176, Categories: Health Care, Patent, False Claims
J. Sanchez finds that the district court properly affirmed the Commissioner of Social Security’s denial of a claimant’s application for supplemental security income. The revised 2017 medical-evidence regulations were valid under the Social Security Act. Affirmed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 5, 2024, Case #: 23-35096, Categories: Social Security
J. Sanchez, after finding the lower court properly entered a writ of quo warranto ordering the removal of certain city of Mission Viejo city councilmembers from office, modifies the opinion to correct spelling and syntactical errors. The councilmembers were holding office unlawfully because their respective 2-year terms of office had expired. The opinion is modified with no change in the judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: December 13, 2023, Case #: G061838, Categories: Civil Procedure, Elections
J. Sanchez finds that the trial court properly granted quo warranto relief and ordered the removal of three Mission Viejo city council members who were elected in 2018 to two-year terms. A stipulated judgment settling a lawsuit against the city required the shorter terms in order to switch from district voting to cumulative voting in 2020. The shorter terms would open up all council seats for election at the same time. It turned out that cumulative voting was not implemented in 2020, but the stipulated judgment required the two-year terms and did not allow any extension. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: December 4, 2023, Case #: G061838, Categories: Elections, Municipal Law
J. Sanchez finds that a disabled golfer's discrimination suit against a club that limited where he could drive his golf cart failed because he could not show how the limitations were discriminatory and not based on safety concerns. Also, substantial evidence showed that the club modified its policy to let him drive on restricted areas of the golf course. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: November 14, 2023, Case #: G061267, Categories: Ada / Rehabilitation Act
J. Sanchez finds that the district court properly granted summary judgment for the California Exposition and State Fair and the State Fair's General Manager after an individual alleged that state police officers violated the First Amendment and the Speech Clause of the California Constitution when they removed him from a privately organized Hmong New Year Festival for distributing religious tokens to attendees. Officers told the individual that he could distribute his tokens in designated zones, referred to as Free Speech Zones, outside the entry gates but not inside the festival itself. The individual claimed that the fairgrounds constitute a traditional “public forum," with similarities to a public park. The enclosed, ticketed portion of the fairgrounds constituted a nonpublic forum under the United States Constitution and the California Speech Clause. Affirmed.
Court: 9th Circuit, Judge: Sanchez, Filed On: October 31, 2023, Case #: 22-15931, Categories: Property, First Amendment
J. Sanchez finds the trial court properly denied the city’s anti-SLAPP motion in this suit brought by the provider of homeless services after its license was terminated due to safety concerns. The termination was not posted in an agenda at least 72 hours prior to the city council’s meeting, according to code. The city says that because the agenda described the meeting as discussing legal matters, the due process complaint arose out of protected activity. In fact, the complaint targeted the city’s failure to provide adequate notice of the confirmation of the license termination rather than anything said at the meeting. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: October 25, 2023, Case #: G061693, Categories: Anti-slapp, Municipal Law, Due Process
J. Sanchez finds the trial court properly granted summary judgment against the parents alleging the wrongful death of their son, who was stabbed to death in a fight beginning in the bar but culminating a block away after the parties were ejected. A bar’s duty to protect patrons from “imminent or ‘ongoing’ criminal conduct,” does not extend further than the premises. When patrons safely and peaceably leave the bar, as the parties did, the special relationship terminates, and the bar’s duty ends. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: September 29, 2023, Case #: G061255, Categories: Negligence, Wrongful Death
J. Sanchez finds that the trial court properly dismissed a claim that a vendor's websites are places of public accommodation and must be accessible to blind people using screen reading software. The Americans with Disabilities Act, which is incorporated in the Unruh Civil Rights Act, applies only to physical places but not to websites. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: September 13, 2023, Case #: G061234, Categories: Civil Rights
J. Sanchez grants a petition for review of the Board of Immigration Appeals' dismissal of an appeal of an immigration judge’s order denying defendant's application for cancellation of removal. A conviction under a certain section of the Oregon Revised Statute does not constitute a crime involving moral turpitude stemming from a previous incident for threatening his wife with a bread knife.
Court: 9th Circuit, Judge: Sanchez, Filed On: August 31, 2023, Case #: 20-73447, Categories: Immigration
J. Sanchez finds that the district court properly entered a sentence after defendant immigrant pleaded guilty to attempted reentry following removal. The district court’s factual finding that the immigrant had assured the court at the prior sentencing hearing that he would not return to the United States is supported by the record. Affirmed.
Court: 9th Circuit, Judge: Sanchez, Filed On: August 31, 2023, Case #: 22-50112, Categories: Immigration
J. Sanchez finds that the district court improperly dismissed an action against a pharmaceutical company in which the company allegedly fraudulently obtained two sets of patents related to a drug and asserted these patents to stifle competition from generic drugmakers. The lower court dismissed under the False Claims Act’s public disclosure bar and concluded that the allegations had already been publicly disclosed. The public disclosure bar was not triggered. Reversed.
Court: 9th Circuit, Judge: Sanchez, Filed On: August 3, 2023, Case #: 20-16176, Categories: Patent
J. Sanchez holds that a cannabis distributor's allegations against the Department of Cannabis Control should have survived demurrer. The complaint sufficiently alleged the Department failed to properly implement its track and trace program to monitor cannabis distribution. Documents provided by the Department do not prove that it created an electronic database to flag irregularities as required by statute. Reversed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: August 2, 2023, Case #: G061298, Categories: Civil Procedure, Tax
J. Sanchez holds that the trial court properly ordered temporary spousal support despite a premarital agreement with a support waiver. Even premarital agreements that appear to be facially valid are treated as invalid unless the trial court makes record findings that rebut the statutory presumption that the agreement was not executed voluntarily. The trial court reserved jurisdiction to retroactively modify the order and to order reimbursement if it finds the agreement is enforceable.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: August 2, 2023, Case #: G060943, Categories: Family Law, Jurisdiction
J. Sanchez finds that the trial court erred in awarding sole custody to a mother. The rebuttable presumption that a party who committed domestic violence may not gain sole or joint custody was not in play during proceedings for a domestic violence restraining order because neither party sought custody or a modification of custody. Reversed in part.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: July 14, 2023, Case #: G061528, Categories: Family Law
J. Sanchez finds that the trial court properly rejected a combined land use and Environmental Quality Act challenge to the approval of a mixed-use housing project. The city had discretion to determine whether the mixed-use project qualified for its "residential village" land use category. The developer was not required to create a new environmental impact report to address traffic, hazardous materials and other issues that were adequately addressed in the original report or by subsequent expert reports. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: July 7, 2023, Case #: G061427, Categories: Environment, Zoning, Housing