| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S241394
|
People v. Pineda
Does Prop.47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Jun. 16, 2017 | ||
|
S241680
|
People v. Rios
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Jun. 16, 2017 | ||
|
S241574
|
People v. Van Orden
Does Prop.47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Jun. 16, 2017 | ||
|
S241069
|
People v. Vaughn
Does Prop.47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Jun. 16, 2017 | ||
|
S241826
|
In Re C.W.
Did the trial court err by refusing to order the expungement of juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code § 1170.18)? |
|
Jun. 16, 2017 | ||
|
S241546
|
In Re T.H.
Did the trial court err by refusing to order the expungement of juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code § 1170.18)? |
|
Jun. 16, 2017 | ||
|
S241207
|
People v. Lopez
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)? |
|
Jun. 16, 2017 | ||
|
S240998
|
People v. Miranda
Was the jury properly instructed on the "kill zone" theory of attempted murder? |
|
Jun. 16, 2017 | ||
|
S241324
|
Dr. Leevil v. Westlake Health Care Center
Does Code of Civil Procedure section 1161a require a purchaser of real property at a foreclosure sale to perfect title before serving a three -day notice to quit on the occupant of the property? |
|
Jun. 15, 2017 | ||
|
S241057
|
J.(K.) v. Los Angeles Unified School District
Does the Court of Appeal lack jurisdiction over an appeal from an order imposing sanctions on an attorney if the notice of appeal is brought in the name of the client rather than in the name of the attorney? |
|
Jun. 15, 2017 | ||
|
A143190
|
California Fair Plan Assoc. v. Garnes
In insurance coverage dispute, policy holder entitled to receive amount to repair home damaged in fire less depreciation, even though amount exceeds home's fair market value. |
Insurance |
|
Jun. 15, 2017 | |
|
S241434
|
De La Torre v. Cashcall
Can the interest rate on consumer loans of $2,500 or more governed by California Finance Code section 22303 render the loans unconscionable under section 22302? |
|
Jun. 15, 2017 | ||
|
S230104
|
Scher v. Burke
Civil Code Section 1009 preclude both recreational and non-recreational public use of non-coastal property from ripening into an implied dedication of a public road. |
Real Property |
|
Jun. 15, 2017 | |
|
15-60046
|
Turner v. Wells Fargo N.A. (In re Turner)
Debtors' adversary proceeding properly dismissed where they failed to state a claim for wrongful foreclosure under California law. |
Bankruptcy |
|
Jun. 15, 2017 | |
|
14-50214
|
U.S. v. Hernandez
Conviction for illegal transportation of firearms into defendant's state of residence reversed, where it is unclear whether jury actually found defendant willfully committed charged conduct. |
Criminal Law and Procedure |
|
Jun. 15, 2017 | |
|
E064482
|
Black Sky Capital LLC v. Cobb
Judgment entered in debtor's favor overturned where lienholder's claim for balance due on junior loan not barred by anti-deficiency statutes. |
Real Property |
|
Jun. 14, 2017 | |
|
C074846
|
Hutcheson v. Eskaton Fountainwood Lodge
Attorney-in-fact exceeds authority under power of attorney to admit principal to residential care facility, thus precluding facility from enforcing arbitration agreement contained in admission agreement. |
Health Care |
|
Jun. 14, 2017 | |
|
C076576
|
City of Big Bear Lake v. Cohen
City unsuccessful in arguing that contracts created enforceable obligations under Dissolution Law on part of former redevelopment agency. |
Government |
|
Jun. 14, 2017 | |
|
16-55359
|
Weil v. Elliott (In re Elliott)
Trustee's untimely filing of request to revoke debtor's discharge due to fraud does not warrant reversal of favorable judgment because deadline was non-jurisdictional time bar. |
Bankruptcy |
|
Jun. 14, 2017 | |
|
15-15809
|
Elliott v. Google Inc.
GOOGLE mark has not fallen victim to 'genericide' to warrant cancellation of trademark despite public's widespread use of the term as a verb. |
Intellectual Property |
|
Jun. 14, 2017 | |
|
13-56069
|
Retail Digital Network LLC v. Prieto
Advertising middleman unsuccessful in challenging as unconstitutional law barring advertising payments for alcoholic products. |
Civil Rights |
|
Jun. 14, 2017 | |
|
B265267
|
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. |
Civil Procedure |
|
Jun. 14, 2017 | |
|
E065418
|
Van Audenhove v. Perry
On question of first impression, arrest without any formal charges will not support claim for malicious prosecution. |
Torts |
|
Jun. 14, 2017 | |
|
D069445
|
People v. Smith
On remand, appellate court finds no error in admitting defendant's statements that inculpates co-defendant in light of 'People v. Smith,' warranting affirmance of co-defendant's murder conviction. |
Criminal Law and Procedure |
|
Jun. 13, 2017 | |
|
A147464
|
Laymon v. J. Rockcliff Inc.
Denial of motion to compel arbitration of plaintiff-home buyers' dispute against brokers, title companies, and service providers overturned where arbitration agreements covered claims asserted. |
Arbitration |
|
Jun. 13, 2017 | |
|
D069888
|
People v. Wilford
Prosecutor's request to increase defendant's sentence after jury returned its verdict violated defendant's due process, warranting reversal and remand. |
Criminal Law and Procedure |
|
Jun. 13, 2017 | |
|
14-16942
|
United States v. Gila Valley Irrigation District
Denial of applications to sever and transfer rights to Gala River water largely upheld; remand nevertheless warranted on issue of statutory forfeiture. |
Water Rights |
|
Jun. 13, 2017 | |
|
B269186
|
Phoenix Mechanical Pipeline v. Space Exploration
Where complaint alleges failure to pay re: arguably non-contracting services, demurrer sustained improperly against unlicensed contractor that provided such services. |
Contracts |
|
Jun. 13, 2017 | |
|
D069798
|
Plantier v. Ramona Municipal Water District
Commercial business owners need not exhaust administrative remedies before bringing suit challenging water district's method of calculating wastewater fees, warranting reversal of judgment favoring agency. |
Administrative Agencies |
|
Jun. 13, 2017 | |
|
B269311
|
Webb v. Webb
Family Code Section 271's sanction provisions only meant to accomplish fee-shifting as between parties to litigation; non-parties may not avail themselves of the section. |
Family Law |
|
Jun. 13, 2017 |
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