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Name Category Published
People v. Gonzalez
Defendant correctly resentenced under Proposition 47 on grand theft from a person conviction notwithstanding negotiated plea agreement under which People dismissed other felony counts. 		Criminal Law and Procedure Feb. 16, 2016
Donovan L. Jr., a Minor
Juvenile court erroneously finds child has more than two parents under recently enacted Family Code Section 7612(c) by recognizing both biological father and mother's husband as presumed fathers. 		Dependency Feb. 16, 2016
Sanders v. Energy Northwest
Energy worker's difference of opinion regarding severity level designation of known safety concern is insufficient to support whistleblower claim under Energy Reorganization Act. 		Labor Law Feb. 16, 2016
People v. Ruff
Proposition 47 does not operate retroactively to reduce defendant's current sentence when, subsequent to sentencing, conviction that gave rise to enhancement is reduced to misdemeanor. 		Criminal Law and Procedure Feb. 12, 2016
El Dorado County Deputy Sheriff’s Association v. County of El Dorado
County's failure to provide notice to, or consult with, sheriff's association before deleting positions from law-enforcement bargaining unit results in partial reversal. 		Government Feb. 12, 2016
People v. Mendoza
Capital defendant fails to overturn convictions by challenging jury's competency finding where evidence showed that, though he was depressed, he was nonetheless 'cognitively intact.' 		Criminal Law and Procedure Feb. 12, 2016
Ayala v. Davis
Denial of writ of habeas corpus affirmed where not unreasonable to conclude that petitioner has not shown prejudice to prevail on Vienna Convention claim. 		Criminal Law and Procedure Feb. 12, 2016
People v. McCarthy
California's victim restitution statute permits victim restitution for noneconomic losses where child sex abuser's conduct violates Penal Code Section 288, even if he was convicted under Section 288.5. 		Criminal Law and Procedure Feb. 12, 2016
People v. Carrea
Where defendant received sentence enhancement based on prior conviction that was subsequently redesignated a misdemeanor under Section 1170.18, said defendant may not avail himself of Section 1170.18 to also dismiss the enhancement. 		Criminal Law and Procedure Feb. 12, 2016
People v. Thurston
Trial court properly finds prisoner ineligible for resentencing under Proposition 36 based on his juvenile adjudication for forcible rape. 		Criminal Law and Procedure Feb. 12, 2016
Austin v. Los Angeles Unified School District
Motion for post-judgment relief under Code of Civil Procedure Section 473(b) does not require movant to file motion under penalty of perjury. 		Civil Procedure Feb. 11, 2016
Leider v. Lewis
Civil Code Section 3369, which prohibits injunctions used to enforce penal law, does not apply to taxpayer suits; trial court order mandating soil maintenance and exercise time for elephants in zoo was proper. 		Animal Law Feb. 11, 2016
Hub Construction Specialties Inc. v. Esperanza Charities Inc.
Where defendant admits notice was served in statutorily prescribed manner, plaintiff not required to comply with statutory requirements proving notice was served in such manner. 		Business Law Feb. 10, 2016
E.R., a Minor
Maternal uncle has no rights to ICWA notices and related advisements over Indian children following Mother's effective revocation of Indian custodian designation. 		Native American Affairs Feb. 10, 2016
Amco Insurance Co. v. All Solutions Insurance Agency LLC
Summary judgment in insurance broker's favor should have been denied where plaintiffs' claims are not limited by equitable subrogration principles. 		Insurance Feb. 10, 2016
Daire v. Lattimore
Application of 'Strickland v. Washington' standard to noncapital proceedings is a 'clearly established federal law' for purposes of 28 U.S.C. Section 2254(d)(1). 		Criminal Law and Procedure Feb. 10, 2016
Deck v. Jenkins
Prosecutor misstates law by telling jurors that intent to engage in lewd act at some point in future is sufficient for conviction for attempted lewd act on child. 		Criminal Law and Procedure Feb. 10, 2016
San Diego Municipal Employees Association v. City of San Diego
Labor unions unsuccessful in challenging denial of attorney fees under private attorney general act where they fail to demonstrate their involvement was necessary. 		Civil Procedure Feb. 10, 2016
People v. Ramirez and Villarreal
Couple obtains new trial on attempted murder and assault charges due to erroneous Penal Code Section 995 ruling regarding allegations of gang participation. 		Criminal Law and Procedure Feb. 9, 2016
Uecker v. Zentil
Doctrine of in pari delicto bars claims asserted by liquidating bankruptcy trustee against company's lawyer relating to his alleged role in company's fraud. 		Bankruptcy Feb. 9, 2016
Shalaby v. Mansdorf (In re Nakhuda)
Bankruptcy court's sua sponte sanctions for Federal Rules of Bankruptcy Procedure 9011 violations overturned where attorney's unreasonable conduct was not 'akin to contempt.' 		Bankruptcy Feb. 9, 2016
U.S. Bank N.A. v .The Village at Lakeridge LLC (In re The Village at Lakeridge LLC fka Magnolia Village LLC)
Creditor does not become 'insider' by virtue of receiving claim from statutory insider nor does creditor's relationship with debtor deem creditor a non-statutory insider. 		Bankruptcy Feb. 9, 2016
Kim v. Toyota Motor Corp.
In strict products liability action, evidence of industry custom and practice may be admissible, depending on nature of evidence and purpose for introducing such evidence. 		Torts Feb. 9, 2016
People v. Arevalo
Acquittal on weapons charge and arming allegation precludes resentencing court from finding inmate ineligible for resentencing consideration. 		Criminal Law and Procedure Feb. 9, 2016
People v. Triplett
Considering additional facts agreed to by the parties, defendant establishes eligibility for resentencing as to second degree burglary conviction. 		Criminal Law and Procedure Feb. 9, 2016
People v. Deleon
In light of the changes made to the parole revocation process in the 2011 realignment legislation (Stats. 2011, ch. 15; Stats. 2012, ch. 43), is a parolee entitled to a probable cause hearing conducted according to the procedures outlined in Morrissey v. Brewer (1972) 408 U.S. 471 before parole can be revoked? 		Feb. 8, 2016
People v. Farwell
(1) Does the "totality of the circumstances" test apply in determining whether a defendant knowingly and voluntarily waived his constitutional rights before stipulating to an offense, if the record indicates that the trial court did not advise the defendant or obtain his waiver of rights at the time of the stipulation? (2) Under this test, are references to a defendant's constitutional rights during earlier stages of the proceedings and the defendant's criminal history sufficient to support the conclusion that the defendant knowingly and voluntarily waived those rights when entering into to th 		Feb. 8, 2016
People v. Brewer
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)? 		Feb. 8, 2016
McClintock v. S.C. (People)
(1) Is an expert retained by the prosecution in a proceeding under the Sexually Violent Predator Act entitled to review otherwise confidential treatment information under Welfare and Institutions Case section 5328? (2) Is the district attorney entitled to review medical and psychological treatment records or is access limited to confidential treatment information contained in an updated mental evaluation conducted under Welfare and Institutions Code section 6603, subdivision (c)(1)? 		Feb. 8, 2016
Shalaby v. Mansdorf (In re Nakhuda)
Bankruptcy court's sua sponte sanctions for Federal Rules of Bankruptcy Procedure 9011 violations overturned where attorney's unreasonable conduct was not 'akin to contempt.' 		Bankruptcy Feb. 8, 2016
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