Search for: "In re A. V."
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4 Dec 2019, 1:48 pm
" It's always good to remember that we're dealing with people. [read post]
17 Dec 2018, 2:00 pm
But I don't think they're a majority. [read post]
18 Feb 2019, 3:40 pm
If your potential spouse has a huge judgment against him/her, and you've got assets, of course you're going to do a prenup. [read post]
28 Dec 2020, 12:59 pm
If we think they're lying -- for example, if it was sent certified mail, or there's a signature, or simply if we don't find their story credible -- then the presumption isn't, and (for good reason) we don't bar people from challenging decisions of which they have no notice.Totally fair. [read post]
24 Nov 2021, 12:09 pm
Even if you're a judge.I'm agnostic as to whether Judge VanDyke's experiences are more accurate than mine. [read post]
30 May 2017, 12:26 pm
They're all great reads. [read post]
22 Dec 2017, 3:33 pm
"So basically, for up to three days (or more), you're crammed into a room with no bed, freezing your butt off with only a Mylar sheet, crammed into a tiny room with the lights on 24/7, unable to sleep or lie down -- again, for three days -- while people get moved in and out all day and night.Not good. [read post]
22 Jan 2018, 11:19 am
We're not going to make the same mistake here. [read post]
2 Oct 2019, 1:05 pm
Tejeda wanted was for "Obama to admit to his face, 'Ay bro, you're a project.'" Seems a reasonable request. [read post]
29 Jan 2018, 12:31 pm
He's a Honduran kid who "repeatedly spurned the Mara gang’s entreaties to join its ranks despite death threats made against him and his family" and, after the gang threatened him at gunpoint, fled Honduras and came to the United States.Not someone we're exactly itching to send back to Honduras.Most people, anyway.Judge Callahan is somewhat sympathetic to the child, but not at all sympathetic to his legal claim -- which is that he's entitled to be… [read post]
8 Apr 2019, 10:31 am
You're stuck.Today's (sole) Ninth Circuit opinion delves into the complicated issue of how you treat "trusts" in determining diversity jurisdiction; in particular, trusts created my mortgage securitization. [read post]
2 Aug 2021, 12:23 pm
By contrast, it's somewhat surprising that we're trying to kick this guy out of the country.Bryan Maie was born in the Marshall Islands but came to the United States with his family over 30 years ago, when he was a child. [read post]
18 Nov 2015, 1:43 pm
., where defendant agreed to plead guilty to X offense, in return for Y sentence, but now seeks relief (as authorized by Proposition 47) to reduce the X offense to a misdemeanor and hence only have to serve a sentence of less-than-Y.So does the passage of Proposition 47 allow the prosecution to retroactively withdraw from the plea agreement, even after the defendant has (as here) served years in prison, or do we assume that both parties (the prosecution and the defense) are bound because… [read post]
12 Jan 2015, 1:57 pm
There are lots of people who think that you're allowed to file similarly crazy "liens" on all sorts of absurd grounds.Is this a socially beneficial practice? [read post]
25 Sep 2017, 12:53 pm
If you remember your first-year Civil Procedure class, my guess is that you'll recall that res judicata -- issue and claim preclusion -- was a somewhat difficult subject.But I bet your final exam on the topic was nowhere near as complicated as this one. [read post]
2 May 2018, 12:42 pm
The upside is that as long as you can find a state that lets you do what you want, you're free to go -- or ship your stuff -- there.Which is also the downside. [read post]
20 Oct 2021, 5:20 pm
And if your background is in criminal law, I get it: that's the term with which you're probably the most familiar.But, for me, nah. [read post]
24 Feb 2020, 1:09 pm
You're not likely to see something like it any time soon. [read post]
28 Jul 2023, 12:42 am
It's way to big of a risk to re-empanel them again after two years of sitting at home. [read post]
29 Aug 2024, 4:22 pm
"Makes sense.But here's the thing that doesn't make sense: That we're having this whole fight over $440.California had to pay for (1) defendant's appointed appellate counsel (plus his counsel in the expungement proceeding), (2) the five lawyers on the caption in this case from the Attorney General's Office, and (3) the salaries of all the people in the Court of Appeal who worked on this matter. [read post]
