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Davis v. Farmers Insurance Exchange
Trial court erroneously grants directed verdict in employer's favor where former employee presented sufficient evidence to allow wage claim to go to the jury.
Employment Law Apr. 25, 2016
In re Rafael C.
Motion to suppress photographic evidence found on minor's cell phone properly denied where school officials' search of phone is reasonable.
Juveniles Apr. 25, 2016
Brooks v. CarMax Auto Superstores California LLC
Action alleging defects in CarMax's used car inspection certificate fails where no such violation occurred and, therefore, no injury supported additional CLRA or UCL claims.
Consumer Law Apr. 25, 2016
People v. Alvarez
Substantial evidence supports aggravated kidnapping convictions and kidnapping sentencing enhancements where defendant police officer could not rely on lawful arrest defense.
Criminal Law and Procedure Apr. 25, 2016
People v. Byron
Post Release Community Supervision properly revoked over drug user's allegations of due process violations related to timing of her arraignment and probable cause hearing.
Criminal Law and Procedure Apr. 25, 2016
People v. Vasquez
First degree premeditated murder conviction affirmed where jury properly instructed on direct aiding and abetting theory.
Criminal Law and Procedure Apr. 25, 2016
People v. Landau
Pedophile obtains relief from order recommitting him as sexually violent predator due to court's prejudicial error in admitting 'massive amount of inadmissible hearsay.'
Criminal Law and Procedure Apr. 22, 2016
In re Mia Z.
Court properly sustains Welfare and Institutions Code Section 300 petition over minors where sufficient evidence supports finding of causation between mother's negligence and daughter's death.
Dependency Apr. 22, 2016
Campaign for Quality Education v. State of California
California Constitution does not require minimum level of expenditures for education that would support advocates' claim for violating alleged constitutional mandate to provide 'some quality' education.
Education Apr. 22, 2016
People v. Alonzo
(1) Did defendant's sentence of 50 years to life for a homicide committed when he was a juvenile violate the Eighth Amendment? (2) Was the first issue rendered moot by the enactment of Penal Code section 3051?
Apr. 22, 2016
People v. Espinoza
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code Section 1170.18, subdivision (d), upon resentencing under Proposition 47?
Apr. 22, 2016
In re J.B.
Does a parent's failure to appeal from a juvenile court order finding that notice under the Indian Child Welfare Act was unnecessary preclude the parent from subsequently challenging that finding more than a year later in the course of appealing an order terminating parental rights?
Apr. 22, 2016
Larson (Scha Buck) on H.C.
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. 22, 2016
People v. Nichols
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, Section 490.2), apply to theft of access card information in violation of Penal Code Section 484e, subdivision (d)?
Apr. 22, 2016
People v. Caraballo
Inmate disqualified from resentencing relief as second strike offender under Prop. 36 because he was 'vicariously armed' during commission of current offense.
Criminal Law and Procedure Apr. 22, 2016
People v. Townsel
Instructional error that effectively precluded jury from considering evidence of defendant's intellectual disability warrants reversal of dissuading a witness charge, but otherwise left murder convictions intact.
Criminal Law and Procedure Apr. 22, 2016
Estate of Barton v. ADT Security Services Pension Plan
Court incorrectly places burden of proof on claimant seeking pension benefits, rather than on employer, regarding key information about corporate structure and hours worked.
Employment Law Apr. 22, 2016
In re Sunnyslope Housing L.P. (First Southern National Bank v. Sunnyslope Housing L.P.)
Bankruptcy court errs in valuing creditor's interest in light of debtor's proposed use of the property as affordable housing, resulting in greatly diminished value.
Bankruptcy Apr. 22, 2016
O’Brien v. AMBS Diagnostics LLC
Money set aside in Section 529 Savings Account not exempt from collection efforts for valid money judgment against judgment debtor.
Remedies Apr. 22, 2016
People v. Pineda
Was defendant's possession of a concealed and opened pocketknife with the blade in its fully extended position sufficient to sustain his conviction for carrying a concealed dirk or dagger in violation of Penal Code Section 21310?
Apr. 22, 2016
Seaboard Surety Company v. Ottovich
Order
Apr. 22, 2016
People v. Toscano
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004) 541 U.S. 36)?
Apr. 22, 2016
People v. Ikeda
Order
Apr. 22, 2016
Chorn v. Workers’ Compensation Appeals Board (Harris)
Petitioners lack standing to enjoin enforcement of Labor Code provisions relating to the lien claims system; moreover, challenged provisions do not violate constitution.
Labor Law Apr. 22, 2016
People v. Papenhausen
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. 22, 2016
Almanor Lakeside Villas Owners Association v. Carson
$100,000 award of attorney fees and costs upheld where homeowner's association is prevailing party against homeowners under fees provision of Davis-Stirling Act.
Real Property Apr. 21, 2016
New Cingular Wireless PCS LLC v. Public Utilities Commission of the State of California (The Utility Reform Network)
Court acknowledges CPUC's authority in awarding intervenor compensation, but nevertheless overturned award in connection with abandoned AT&T/T-Mobile proposed merger.
Utilities Apr. 21, 2016
In re Johnson
In light of 'People v. Chiu,' defendant's conviction for first degree premeditated murder based on natural and probable consequences theory of aiding and abetting vacated.
Criminal Law and Procedure Apr. 21, 2016
Harris v. Arizona Independent Redistricting Commission
Arizona's redistricting plan for the state's legislature upheld where efforts reflected compliance with Voting Rights Act and despite 'minor' 8.8 percent deviation from absolute equality.
Constitutional Law Apr. 21, 2016
Bank Markazi v. Peterson
Central Bank of Iran unsuccessful in using separation of powers doctrine as a shield against enforcement proceedings against its assets to satisfy state-sponsored terrorist judgments against Iran.
Constitutional Law Apr. 21, 2016