Dorothy Wright Nelson
How Judge Nelson rules, drawn from 32 signed orders. Every observation links to the order it came from.
How Judge Nelson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires constitutionally adequate notice before a statutory foreclosure process can extinguish a recorded property interest.
“We hold that the Statute’s ‘opt-in’ notice scheme, which required a homeowners’ association to alert a mortgage lender that it intended to foreclose only if the lender had affirmatively requested notice, facially violated the lender’s constitutional due process rights”
Treats a meaningful contractual opportunity to opt out as important when assessing procedural unconscionability in arbitration agreements.
“the arbitration agreement at issue in this case allowed employees a meaningful choice not to participate in the program”
Applies intervening legal authority when it fundamentally changes the consequences of an earlier guilty plea.
“This fundamental change in the law operates as a ‘fair and just reason’ to allow Garcia-Lopez to withdraw his guilty plea.”
Procedural preferences
Uses concrete remedial deadlines when appellate delay itself violates due process.
“we therefore remand to the district court with instructions for it to enter an order directing the California Court of Appeal to hear his appeal within 90 days or release him”
Permits amendment when an intervening change in law reshapes the viable parties and theories, while requiring allegations to distinguish each defendant's conduct.
“On remand, plaintiffs must remove those defendants who are no longer amenable to suit under the ATS, and specify which potentially liable party is responsible for what culpable conduct.”
Cautions
A party seeking to change the capacity in which a defendant is sued must satisfy timely notice requirements.
“Because Eaglesmith did not serve Ward with new notice of the change in status within the statute of limitations, we hold that the district court properly denied Eaglesmith’s request for leave to amend the complaint.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The district court’s summary judgment dismissal of Gilpin’s petition is hereby AFFIRMED.”
“BAP ORDER TO REMAND AFFIRMED WITH MODIFICATIONS.”
“We agree that the excessive delay in this case has violated his right to due process, and we therefore remand to the district court with instructions for it to enter an order directing the California Court of Appeal to hear his appeal within 90 days or release him.”
“For the reasons stated above, we affirm the district court’s sentence. AFFIRMED.”
“For the foregoing reasons, the judgment of the district court is AFFIRMED.”
“For the foregoing reasons, we affirm the judgment of the district court. AFFIRMED.”
“The order of the Benefits Review Board is AFFIRMED.”
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