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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
City of San Jose v. Superior Court (Smith)
City employees' writings concerning public business are not excluded from disclosure under California Public Records Act merely because they were sent or received using personal account. 		Public Records Act Mar. 3, 2017
People v. Chavez
Does Penal Code section 1203.4 eliminate a trial court's discretion under Penal Code section 1385 to dismiss a matter in the interests of justice? 		Mar. 3, 2017
People v. Valenzuela
Does a conviction for active gang participation in violation of Penal Code section 186.22, subdivision (a), which requires that the defendant willfully promote, further, or assist in any felonious criminal conduct of the gang, remain valid when the underlying conduct in question was reduced from a felony to a misdemeanor pursuant to Proposition 47? 		Criminal Law and Procedure CASC Mar. 3, 2017
People v. Bussey
Whether Proposition 47 applies to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), and People v. Romanowski, which concerns whether Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), applies to theft of access card information in violation of Penal Code section 484e(d). 		Mar. 3, 2017
Johnson v. ArvinMeritor
In action alleging asbestos exposure, summary judgment properly granted due to plaintiff's failure to produce evidence supporting inference of probability of asbestos exposure from defendants' products. 		Torts Mar. 3, 2017
Wilson v. Cable News Network
Does Code of Civil Procedure section 425.16 authorize a court to strike a cause of action in which the plaintiff challenges only the validity of an action taken by a public entity in an "official proceeding authorized by law" (subd. (e) ) but does not seek relief against any participant in that proceeding based on his or her protected communications? 		Mar. 3, 2017
People v. Vandiver
Following passage of Proposition 47, value of blank check is de minimis for purposes of distinguishing between misdemeanor and felony receiving stolen property. 		Criminal Law and Procedure Mar. 2, 2017
Emerald Aero LLC v. Kaplan
Arbitrator exceeds power in awarding punitive damages against defendant who was not afforded meaningful opportunity to challenge punitive damages plaintiffs sought last minute. 		Arbitration Mar. 2, 2017
Colyear v. Rolling Hills Community Association of Rancho Palos Verdes
Homeowner defeats neighbor's quiet title claim via anti-SLAPP motion involving private dispute between neighbors that involved tree-trimming issue that was of public interest. 		Anti-SLAPP Mar. 2, 2017
Vaquero v. Stoneledge Furniture LLC
Employer's failure to separately compensate commission-based sales associates for rest periods results in reversal of summary judgment in employer's favor. 		Labor Law Mar. 2, 2017
Williamson v. Brooks
Damages do not exist against cotrustees in fiduciary duty breach case, as evidence suggests that beneficiary would have sold home even with greater information of contents of trust. 		Probate and Trusts Mar. 2, 2017
People v. Icke
Victim does not need to consent to sexual act for conviction of sexual penetration by fraudulent misrepresentation of professional purposes. 		Criminal Law and Procedure Mar. 2, 2017
Jacobs v. Locatelli
Trial court erred in sustaining demurrer as plaintiff alleged ability to produce evidence of 'written agency agreement' between defendant parties in response to statute of frauds defense. 		Contracts Mar. 2, 2017
Gonzalez v. Santa Clara County Dept. of Social Services
Complete denial of fees as to three of plaintiff's four attorneys constitute abuse of discretion given the peculiar circumstances of the case. 		Civil Procedure Mar. 2, 2017
Wilson v. County of Napa
Proponents of proposed initiative measure unsuccessful in placing measure on ballot due to failure to comply with 'full text' requirement of Elections Code section 9101. 		Elections Mar. 2, 2017
Bethune-Hill v. Virginia State Board of Elections
In action alleging racial gerrymandering of Virginia's legislative districts, application of incorrect legal standard for racial predominance results in partially vacated judgment. 		Constitutional Law Mar. 2, 2017
Mahrt v. Beard
Habeas petition not barred by guilty plea, as appellate court finds that 'Tollett' decision allows petitions alleging pre-plea ineffective assistance of counsel claims unrelated to plea-deal advice. 		Civil Rights Mar. 2, 2017
Haniff v. Superior Court (Hohman)
Plaintiff may not be compelled to undergo a defense vocational rehabilitation examination, a discovery method not expressly authorized in the Civil Discovery Act. 		Civil Procedure Mar. 2, 2017
Bank of New York Mellon v. Citibank
Trial court improperly found three year statute of limitations applied to claims for equitable subrogation as Code of Civil Procedure, outlining limitations, applies to causes of statutory liability. 		Securities Mar. 2, 2017
Lemke v. Sutter Roseville Medical Center
Summary judgment affirmed, where employer's statements made about employee to nursing board absolutely privileged, thus barring defamation claim. 		Torts Mar. 1, 2017
People v. Malago
Although court abuses discretion in failing to rule on defendant's objections to mandatory supervision conditions, reversal not required because there is no finding of prejudice. 		Criminal Law and Procedure Mar. 1, 2017
People v. Jackson
Indigent defendants not entitled to choice of judge for 'Marsden' hearing, rendering hearing transfer meant to protect defendant from prejudice in bench trial appropriate. 		Criminal Law and Procedure Mar. 1, 2017
Ramsey v. Muna
Commonwealth of the Northern Mariana Islands enjoys sovereign immunity in suit alleging contract and tort claims under Commonwealth law. 		Immunity Mar. 1, 2017
People v. Acuna
Non-hearsay evidence supporting finding that civil defendants were members of criminal street gang establishes that trial court was not convinced of membership by hearsay statements alone. 		Administrative Agencies Mar. 1, 2017
Pini v. Fenley
Where election results in majority vote-getter ascending to office, said election is 'general', not 'primary,' and challenges are subject to 30-day statute of limitation. 		Civil Procedure Mar. 1, 2017
Artis v. District of Columbia
Whether the tolling provision in 28 U.S.C. §1367(d) suspends the limitations period for the state-law claim while the claim is pending and for 30 days after the claim is dismissed, or whether the tolling provision does not suspend the limitations period but merely provides 30 days beyond the dismissal for the plaintiff to refile. 		Feb. 28, 2017
Hamer v. Neighborhood Housing
Order 		Feb. 28, 2017
Wilson v. Sellers
Did this Court's decision in Harrington v. Richter, 562 U.S. 86 (2011), silently abrogate the presumption set forth in Ylst v. Nunnemaker, 501 U.S. 797 (1991)-that a federal court sitting in habeas proceedings should "look through" a summary state court ruling to review the last reasoned decision - as a slim majority of the en banc Eleventh Circuit held in this case, despite the agreement of both parties that the Ylst presumption should continue to apply? 		Feb. 28, 2017
Independence Institute
Order 		Feb. 28, 2017
Compassion Over Killing v. FDA
Summary judgment properly granted in federal agencies' favor, where agencies acted reasonably in denying plaintiffs' rulemaking petitions regarding egg carton labeling. 		Administrative Agencies Feb. 28, 2017
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