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People v. Nicholes
Gang enhancements stricken where prosecution's gang expert's testimony insufficient to meet requirement under 'People v. Prunty' regarding gang subsets. 		Criminal Law and Procedure Apr. 21, 2016
Hughes v. Talen Energy Marketing LLC
Maryland's energy regulatory program preempted because it impermissibly sets wholesale rate, contravening Federal Power Act's division of authority between state and federal regulators. 		Administrative Agencies Apr. 20, 2016
Franchise Tax Board of California v. Hyatt
Nevada unconstitutionally applied 'special rule' in allowing award of damages against California to exceed $50,000 maximum, evincing policy of hostility toward California. 		Constitutional Law Apr. 20, 2016
People v. Abdallah
One year enhancement under Penal Code Section 667.5(b) inapplicable where court recalls felony conviction and resentences defendant under Proposition 47 before sentencing on current case. 		Criminal Law and Procedure Apr. 20, 2016
People v. Jimenez
Man convicted of sexually penetrating unconscious niece fails to overturn convictions by attacking trial court's instructions regarding victim's character. 		Criminal Law and Procedure Apr. 20, 2016
People v. Lucero
Appropriate for trial court to instruct jury not to consider voluntary intoxication evidence in relation to firearm-use enhancements, as the enhancements required only general intent. 		Criminal Law and Procedure Apr. 20, 2016
People v. Grays
Refusal to provide Penal Code Section 198.5 jury instruction regarding unwanted intruders in one's residence was erroneous, but harmless. 		Criminal Law and Procedure Apr. 19, 2016
Welch v. U.S.
U.S. Supreme Courts decides retroactivity of 'Johnson,' which altered what and whom may be punished under Armed Criminal Career Act's 15-year mandatory minimum sentence. 		Criminal Law and Procedure Apr. 19, 2016
In re Isabella G.
Reversal and remand required when court erroneously declines to apply the relative placement preference under Welfare and Institutions Code Section 361.3. 		Juveniles Apr. 19, 2016
People v. Dunley
Mentally-disordered offenders are similarly situated with NGIs and SVPs with respect to testimonial privilege provided for in Penal Code Section 1026.5(b)(7). 		Criminal Law and Procedure Apr. 19, 2016
Lopez v. Watchtower Bible and Tract Society of New York Inc.
Trial court lacked authority to issue terminating sanctions due to noncompliance with discovery order compelling production of 'managing agent' that turned out to be invalid. 		Civil Procedure Apr. 18, 2016
People v. Cardona
Kill zone instruction inappropriate when defendant's shot was primarily motivated by self-defense during course of ill-fated robbery. 		Criminal Law and Procedure Apr. 18, 2016
Vergara v. State of California (California Teachers Association)
Trial court erroneously declares California's current tenure, dismissal, and layoff statutes facially unconstitutional despite plaintiff's lack of showing demonstrating equal protection violation. 		Education Apr. 18, 2016
DP Pham LLC v. Cheadle
Denial of motion to disqualify attorney due to improper use of privileged communications is overturned where trial court erroneously reviewed contents of communications to determine whether privilege applied. 		Attorneys Apr. 18, 2016
Chavez v. Robinson
Dismissal of pro se claim on qualified immunity grounds is error when it is not clear plaintiff can present no evidence to overcome the defense. 		Civil Rights Apr. 18, 2016
In re Mark C.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? 		Apr. 15, 2016
People v. Dazo
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. 15, 2016
People v. Garcia
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)? 		Apr. 15, 2016
People v. Weddington
Trial court has no duty to sua sponte instruct on lesser included offense of misdemeanor evading where there was no evidence defendants committed the misdemeanor, but not felony, evading. 		Criminal Law and Procedure Apr. 15, 2016
People v. Granados
Was the jury properly instructed on the "kill zone" theory of attempted murder? 		Apr. 15, 2016
Moran v. Foster Wheeler Energy Corp.
Manufacturer of industrial boilers may be liable for salesman's asbestos-related cancer where evidence fails to support 'sophisticated user' defense. 		Torts Apr. 15, 2016
People v. Estrada
Did the trial court improperly rely on the facts of counts dismissed under a plea agreement to find defendant ineligible for resentencing under the provisions of Proposition 36? 		Apr. 15, 2016
Kim v. Toyota Motor Corp.
Is evidence of industry custom and practice admissible in a strict products liability action? 		Apr. 15, 2016
King v. Comppartners
(1) Is a claim by an injured worker for medical malpractice brought against a workers' compensation utilization review company barred by workers' compensation as the exclusive remedy? (2) Does a workers' compensation utilization review company that performs medical utilization reviews on behalf of employers owe a duty of care to an injured worker? (3) Did the CA err in finding that plaintiffs should be given leave to amend their complaint in this case? 		Apr. 15, 2016
People v. Superior Court (Sahlolbei)
If an individual performing work for and on behalf of a public entity would qualify as an independent contractor for purposes of tort liability at common law, can that individual be subject to the criminal conflict-of-interest provisions of Government Code section 1090? 		Apr. 15, 2016
People v. Barba
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, § 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? 		Apr. 15, 2016
People v. Chilton
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, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? 		Apr. 15, 2016
Y.A., a Minor
Dismissal and sealing of juvenile's later-filed petition does not automatically warrant sealing of prior-filed petition under Welfare and Institutions Code Section 786. 		Juveniles Apr. 15, 2016
Crossroads Investors L.P. v. Federal National Mortgage Association
Fannie Mae unsuccessful in attempt to dodge property owner's wrongful foreclosure claims via anti-SLAPP motion. 		Real Property Apr. 15, 2016
Carne v. Worthington
Express conveyance to new trust of property held in prior trust is sufficient for transfer to be effective, though not accompanied by formal deed. 		Probate and Trusts Apr. 15, 2016
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