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People v. Triplett
The court ordered briefing deferred pending decision in People v. Gonzales, S231171, which concerns the definition of the new offense of misdemeanor shoplifting (Pen. Code, § 459.5) and the application of Proposition 47 to second degree burglary generally, and People v. Valenzuela, S232900 (#16-97), which concerns the viability of a previously-imposed penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47.
Apr. 29, 2016
People v. Vizcarra
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004))?
Apr. 29, 2016
People v. Wright
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e(d)?
Apr. 29, 2016
U.S. v. Adebimpe
In Medicare fraud case, 'abuse-of-trust' sentencing enhancement properly applied to husband and wife team that supplied power wheelchairs to people that did not need them.
Criminal Law and Procedure Apr. 29, 2016
People v. Carrea
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Apr. 29, 2016
People v. Carrillo
Was defendant entitled to resentencing under Penal Code Section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Pen. Code, Section 459.5) or on the ground that Section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less?
Apr. 29, 2016
People v. Cortinas
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, Section 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?
Apr. 29, 2016
Boxer v. City of Beverly Hills
Beverly Hills residents cannot maintain inverse condemnation claim against the City for planting redwood trees at Roxbury Park that obstructed residents' views.
Real Property Apr. 28, 2016
People v. Martinez
Appellate court need not independently review appellate record for meritorious issues in appeal from extension of civil commitment of individual found not guilty by reason of insanity.
Criminal Law and Procedure Apr. 28, 2016
Nia A., a Minor
Marin County juvenile court erroneously transferred dependency case to Contra Costa County under 'sensitive case' protocol without considering children's best interest.
Dependency Apr. 28, 2016
People v. Bradshaw
Because remand necessary to determine defendant's eligibility for mandatory probation and drug treatment, judicial efficiency also permits remand to determine resentencing under Proposition 47.
Criminal Law and Procedure Apr. 28, 2016
Goodrich v. Sierra Vista Regional Medical Center
Doctor challenging hospital's decision to terminate her from medical staff properly deemed a vexatious litigant after repeated filing of unsubstantiated motions.
Civil Procedure Apr. 28, 2016
A.G. v. C.S.
Relying on doctrine of implied findings, order granting sole custody of children to father affirmed where mother's claims of error unfounded.
Family Law Apr. 28, 2016
Abuemeira v. Stephens
Where defendant recorded and disseminated video of altercation with plaintiff, defendant cannot successfully employ anti-SLAPP law based on fact that the video's dissemination made the conduct an issue of public interest.
Constitutional Law Apr. 28, 2016
Guerra v. Workers’ Compensation Appeals Board
Dishwasher's death from pulmonary hemorrhage while taking out trash at work constitutes 'industrial death' for purposes of awarding workers' compensation benefits.
Workers' Compensation Apr. 28, 2016
Sanford v. Rasnick
Reversal and remand result, in part, from court's failure to hold Code of Civil Procedure Section 998 offer invalid for improperly requesting settlement agreement.
Civil Procedure Apr. 27, 2016
Babbit v. Superior Court (McCormack)
Probate Court erroneously compels trustee to provide extensive accounting, including time period prior to co-trustee's death, while trust remained revocable.
Probate and Trusts Apr. 27, 2016
Haffernan v. City of Paterson, New Jersey
Demoted police officer may maintain his free speech retaliation claim even if his employer was factually mistaken about his engagement in constitutionally-protected conduct.
Constitutional Law Apr. 27, 2016
Daniels v. Select Portfolio Servicing Inc.
Homeowners successfully win reversal and remand in action against loan servicer and others on claims relating to attempted loan modification of adjustable rate mortgage.
Banking Apr. 27, 2016
People v. McGehee
Failure to instruct on involuntary manslaughter in murder case involving hallucinated demon attack does not warrant reversal of second degree murder conviction.
Criminal Law and Procedure Apr. 27, 2016
People v. Jones
Remand not warranted where current law does not require trial court to provide written reason in minutes for dismissing defendant's strikes.
Criminal Law and Procedure Apr. 27, 2016
Rodriguez v. E.M.E. Inc.
In wage and hour class action, dispute regarding practicability of employer's combined rest break schedule precludes summary adjudication of employee's rest break claim.
Employment Law Apr. 26, 2016
Espejo v. Southern California Permanente Medical Group
Erroneous exclusion, as untimely, of declaration establishing existence of agreement to arbitrate results in reversal of denial of petition to compel arbitration and remand.
Civil Procedure Apr. 26, 2016
Ryder v. Lightstorm Entertainment
Writer's claim against James Cameron fails as writer cannot show required 'substantial similarity' between his pitched project and Cameron's 2009 film, 'Avatar.'
Copyright Apr. 26, 2016
In re Gomez
Habeas relief granted to Pelican Bay State Prison inmate who was disciplined for participating in planned hunger strike to protest state's solitary confinement practices.
Criminal Law and Procedure Apr. 26, 2016
Travelers Casualty & Surety Co. v. Workers’ Compensation Appeals Board
Workers' Compensation Appeals Board order annulled where it erroneously interprets and applies law to find petitioner's psychiatric injury was caused by extraordinary employment condition.
Workers' Compensation Apr. 26, 2016
Shaw v. United States
Whether, for purposes of subsection (1) of the bank fraud statute, 18 U.S.C. §1344, a "scheme to defraud a financial institution" requires proof of a specific intent not only to deceive, but also to cheat, a bank.
Apr. 26, 2016
Manrique v. United States
Should the Court grant certiorari to resolve the significant division among the circuits concerning the jurisdictional prerequisites for appealing a deferred restitution award made during the pendency of a timely appeal of a criminal judgment imposing sentence?
Apr. 26, 2016
People v. Steele
Deputies' safety justified brief detention of second driver whose vehicle was sandwiched between patrol car and lead vehicle that deputies intended to stop on outstanding warrant.
Criminal Law and Procedure Apr. 26, 2016
In re Busch
Petition for writ of habeas corpus denied where Governor's decision to reverse grant of parole for inmate convicted of second degree murder is supported by 'some evidence.'
Criminal Law and Procedure Apr. 25, 2016