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Bennett v. Bank Melli
Foreign Sovereign Immunities Act and Terrorism Risk Insurance Act allow judgment creditors to pursue Iran's national bank to collect on unsatisfied judgment for state-sponsored terrorist attacks.
Remedies Feb. 23, 2016
U.S. ex rel. Adams v. Aurora Loan Services Inc.
Fannie Mae and Freddie Mac are not officers, employees, or agents of the federal government for purposes of the False Claims Act.
Government Feb. 23, 2016
Gilman v. Brown
California inmates unsuccessfully challenged two voter-passed Propositions that amended the state's parole system on ex post facto grounds.
Prisoners Rights Feb. 23, 2016
Kao v. California Dept. of Corrections and Rehabilitation
Inmate, seeking to compel processing of his disciplinary appeal, successful in reversing denial of petition for writ of mandate for untimeliness.
Criminal Law and Procedure Feb. 23, 2016
Gilkyson v. Disney Enterprises Inc.
Continuous accrual doctrine revives songwriter Terry Gilkyson's heirs' lawsuit against Disney over royalties in connection with 'The Jungle Book' songs.
Contracts Feb. 23, 2016
Oregon Rest. & Lodging Ass'n v. Perez
Department of Labor's rule promulgated in response to 2010 appellate opinion interpreting statutory silence within Fair Labor Standards Act is not foreclosed by that opinion; is entitled to 'Chevron' deference.
Labor Law Feb. 23, 2016
People v. Perry
In petition for resentencing under Proposition 47, resentencing court properly declined People's request to invalidate plea agreement and reinstate previously dismissed charges against petitioner.
Criminal Law and Procedure Feb. 22, 2016
In re Kocontes
Petition for writ of habeas corpus denied; collateral estoppel does not bar new complaint filed after dismissal of prior complaint alleging same offense.
Criminal Law and Procedure Feb. 22, 2016
Marriage of Shimkus
Failure to issue statement of decision regarding request to terminate spousal support warranted reversal although material change in circumstances may justify termination.
Family Law Feb. 22, 2016
Hill v. Superior Court (Staggers, Jr.)
Reversal required where court wrongly concludes double damages under Probate Section 859 are prohibited punitive damages.
Remedies Feb. 22, 2016
People v. Navarro
Unclear parole condition forbidding 'undetected Internet browsing' and use of certain email providers deemed unconstitutionally vague.
Constitutional Law Feb. 22, 2016
Construction Industry Force Account Council Inc. v. Ross Valley Sanitary District
Sanitary District need not comply with Public Contract Code's competitive bidding process to complete 'pipebusting' work using in-house employees.
Contracts Feb. 22, 2016
People v. Hudson
Court permitted to determine whether defendant's convictions for simple drug possession were for personal use in order to assess eligibility for drug treatment probation.
Criminal Law and Procedure Feb. 22, 2016
People v. Banuelos
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)?
Feb. 19, 2016
People v. Campbell
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date?
Feb. 19, 2016
People v. Carver
Order
Feb. 19, 2016
People v. Ceja
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?
Feb. 19, 2016
People v. Cook
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)?
Feb. 19, 2016
People v. Diaz
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?
Feb. 19, 2016
People v. Dokins
(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?
Feb. 19, 2016
The People ex rel. Government Employees Insurance Co. v. Cruz
Trial court improperly binds insurer to certain interrogatory responses, allowing doctor to prevail on summary judgment in alleged insurance fraud conspiracy.
Insurance Feb. 19, 2016
People v. Brown
Defendant entitled to resentencing of felony conviction of receiving stolen property under Proposition 47, notwithstanding conviction was obtained pursuant to plea agreement.
Criminal Law and Procedure Feb. 19, 2016
People v. Gallardo
Is the trial court's decision that defendant's prior conviction constitutes a strike incompatible with Descamps v. U.S. (2013) 570 U.S. __ (133 S.Ct. 2276) when it relied on judicial factfinding beyond the elements of the actual prior conviction?
Feb. 19, 2016
People v. Maita
Whether, in light of an amendment to Health and Safety Code section 11379 defining "transports" as transportation for sale (Stats. 2013, ch. 504, § 2), defendant's sentence was improperly enhanced with a prior conviction for transporting a controlled substance.
Feb. 19, 2016
In Re Ricardo P.
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?
Feb. 19, 2016
People v. Avila
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)?
Feb. 19, 2016
Yvanova v. New Century Mortgage Corp.
In wrongful nonjudicial foreclosure action, borrower has standing to challenge assignment of note and deed of trust based on alleged defects rendering assignment void.
Real Property Feb. 19, 2016
People v. O’Malley
Defendant's allegations of error rejected; judgment of death for first-degree murders affirmed.
Criminal Law and Procedure Feb. 19, 2016
Center for Biological Diversity v. Cal. Dept. Fish & Wildlife (The Newhall Land and Farming Co.)
Department of Fish & Wildlife abuses its discretion by making a determination without the support of substantial evidence regarding proposed development's greenhouse gas emissions.
Environmental Law Feb. 19, 2016
Pena v. Lynch
Court lacks jurisdiction to review petitioner's challenge to expedited removal proceedings in view of jurisdiction-stripping provisions of 8 U.S.C. Section 1252(a)(2)(A).
Immigration Feb. 19, 2016