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Name Category Published
Sifuentes v. Brazelton
Convicted murderer not entitled to habeas relief where California appellate court's rejection of 'Batson' claims were not objectively unreasonable under doubly-deferential standard of review. 		Criminal Law and Procedure Feb. 19, 2016
Picerne Construction Corp. v. Castellino Villas
Foreclosure of mechanic's lien upheld where contractor timely records lien based on 'actual,' not 'substantial' completion of work of improvement. 		Remedies Feb. 19, 2016
People v. Goolsby
Double jeopardy bars retrial of charge, on which jury was instructed but did not return verdict, believing said charge to be a lesser included offense of convicted crime. 		Criminal Law and Procedure Feb. 19, 2016
Nicole H., a Minor
Delinquent's placement in group home located hours away from father's home contravenes statutory directive requiring consideration of proximity to parent's home, warranting reversal. 		Juveniles Feb. 18, 2016
Mena v. Long
'Rhines v. Weber' stay and abeyance procedure is not limited to habeas petitions raising exhausted and unexhausted claims; also applies to fully unexhausted petitions. 		Criminal Law and Procedure Feb. 18, 2016
In re Chagolla
Court errs in denying, as untimely, chapter 13 debtors' motion to value and avoid junior lien brought after discharge and closing of case. 		Bankruptcy Feb. 18, 2016
People v. ZarateCastillo
Misclassification of certain child sexual abuse offenses as general intent crimes does not warrant reversal of uncle's convictions for molesting young victim. 		Criminal Law and Procedure Feb. 18, 2016
Sarver v. Chartier
Army Sergeant's 'right of publicity' claim relating to Oscar-winning film 'The Hurt Locker' properly dismissed pursuant to California's anti-SLAPP statute. 		Civil Procedure Feb. 18, 2016
Kirkpatrick v. County of Washoe
Order 		Feb. 18, 2016
U.S. v. Eglash
Mail fraud conviction based on notice of disability award affirmed but mail fraud conviction based on summary of defendant's fraudulent statements reversed. 		Criminal Law and Procedure Feb. 18, 2016
Smith v. Schriro
Order 		Feb. 18, 2016
People v. Roberts
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. 18, 2016
People v. Salgado
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. 18, 2016
People v. Sirman
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. 18, 2016
York v. S.C. (City of Fullerton)
Order 		Feb. 18, 2016
People v. Gaines
(1) Are probation conditions prohibiting defendant from: (a) "owning, possessing or having in his custody or control any handgun, rifle, shotgun or any firearm whatsoever or any weapon that can be concealed on his person"; and (b) "using or possessing or having in his custody or control any illegal drugs, narcotics, narcotics paraphernalia without a prescription," unconstitutionally vague? (2) Is an explicit knowledge requirement constitutionally mandated? 		Feb. 18, 2016
People v. Gonzales
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? 		Feb. 18, 2016
Gehron v. Bank of America
In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void? 		Feb. 18, 2016
Gehron v. Nicholas
In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void? 		Feb. 18, 2016
In Re Patrick F.
Order 		Feb. 18, 2016
People v. Jimenez
(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. 18, 2016
People v. Peacock
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. 18, 2016
Haeger v. Goodyear Tire & Rubber Co.
After negligence case settles, likely due to serious discovery misconduct, district court may employ its inherent powers to apply discovery sanctions, even where statutes and rules provide similar sanctioning methods. 		Attorneys Feb. 17, 2016
People v. Garner
Court allowed, when recalculating defendant's sentence under Proposition 36, to impose sentence for previously stricken prison term enhancements. 		Criminal Law and Procedure Feb. 17, 2016
Bains v. Dept. of Industrial Relations
Comparatively generous wage order, pertaining to overtime due to workers preparing produce for market, applies to workers in drying sheds who prepare prunes for market. 		Labor Law Feb. 17, 2016
Younessi v. Woolf
Order vacating dismissal of attorney malpractice action reluctantly affirmed where plaintiffs entitled to relief under California Code of Civil Procedure Section 473(b)'s attorney-fault provision. 		Attorneys Feb. 17, 2016
Gastelum v. Remax International Inc.
Defendants' appeal of order lifting litigation stay is nonappealable order that must be dismissed. 		Civil Procedure Feb. 16, 2016
Orcilla v. Big Sur Inc.
Ousted homeowners may maintain action against big banks for the alleged wrongful foreclosure of their home of 18 years. 		Real Property Feb. 16, 2016
In re Brooks Loveton
Sixty-day limit for Department of State Hospitals to admit defendants found mentally incompetent to stand trial upheld, although remand required to consider recent statutory changes. 		Criminal Law and Procedure Feb. 16, 2016
People v. Cunningham
Fact that victim was placed in medically-induced coma to allow doctors to perform brain surgery is sufficient to support 'comatose' enhancement. 		Criminal Law and Procedure Feb. 16, 2016
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