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Liao v. Junious
Sleepwalker entitled to habeas relief where trial counsel's failure to secure medical evidence to support crucial 'sleepwalking' defense resulted in prejudice.
Criminal Law and Procedure Feb. 1, 2016
Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co. Inc.
Client successfully overturns order confirming arbitration award in favor of law firm where firm violated rule barring simultaneous representation of adverse clients.
Attorneys Feb. 1, 2016
Co. of Santa Clara v. Escobar
Where county seeks statutorily-granted right of recovery against tortfeasor for care rendered to tort victim, county's right of action not barred when tort victim's suit fails to satisfy amount owed to county.
Civil Procedure Feb. 1, 2016
Monschke v. Timber Ridge Assisted Living LLC
Care facility cannot force representative of decedent's estate to arbitrate wrongful death claim where representative is not bound by arbitration agreement.
Torts Feb. 1, 2016
Jameson v. Desta
May superior court employ policy that has practical effect of denying services of an official court reporter to civil litigants who have been granted waiver, if result is to preclude those litigants from procuring and providing verbatim transcript for appellate review?
Jan. 29, 2016
People v. Page
In petition for resentencing, does Proposition 47 apply to 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?
Jan. 29, 2016
People v. Blacknell
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay under Crawford v. Washington?
Jan. 29, 2016
People v. Edwards
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay under Crawford v. Washington?
Jan. 29, 2016
People v. Johnson
Inmate serving indeterminate life term as third striker for an offense where inmate inflicted serious bodily injury on another is ineligible for resentencing under Prop. 36.
Criminal Law and Procedure Jan. 29, 2016
Patricia W. v. Superior Court (Del Norte County Dept. of Health and Human Services)
Petitions for extraordinary relief to overturn order terminating reunification services granted where no substantial evidence supports findings that parents were provided adequate reunification services.
Dependency Jan. 29, 2016
Ellins v. City of Sierra Madre
Police Officer's Bill of Rights requires that officer under investigation receive notice of that investigation's nature 'reasonably prior' to any interrogation related thereto.
Administrative Agencies Jan. 29, 2016
People v. Aguilera
Spouse properly convicted of robbing wife of cell phone, a community property, on temporary taking theory where principles of separate and community property are immaterial to robbery prosecution.
Criminal Law and Procedure Jan. 29, 2016
Karnazes v. Ares
Anti-SLAPP grant proper where plaintiff's complaint comprises communications with future defendant's attorney, in anticipation of litigation.
Civil Procedure Jan. 29, 2016
In re K.S.
Where a minor suffers severe emotional damage, the juvenile court has jurisdiction when the parent is unable to provide appropriate mental health treatment.
Juveniles Jan. 29, 2016
People v. Ewing
Defendant unsuccessful in challenging gang enhancement that he shot at an occupied vehicle for the benefit of the Norteno criminal street gang.
Criminal Law and Procedure Jan. 29, 2016
Zachary v. California Bank & Trust (In re Zachary)
Absolute priority rule applies in individual chapter 11 reorganizations even after enactment of amendments to Bankruptcy Code under Bankruptcy Abuse Prevention and Consumer Protection Act.
Bankruptcy Jan. 29, 2016
USS-Posco Industries v. Case
Attorney fee award overturned where trial court failed to apply fee-shifting law as amended, in contravention of California Supreme Court precedent.
Contracts Jan. 28, 2016
People v. Garcia
Defendant's petition for resentencing under Proposition 36 properly denied where court determines that resentencing 'would pose an unreasonable risk of danger to public safety.'
Criminal Law and Procedure Jan. 28, 2016
Highland Springs Conference and Training Center v. City of Banning (SCC Acquisitions Inc.)
Court errs in denying plaintiff's motion to amend judgment to add additional judgment debtor on alter ego theory by erroneously presuming additional party was prejudiced by delayed filing.
Environmental Law Jan. 28, 2016
People v. Odom
Instructional error regarding kidnapping special circumstance does not warrant relief where error was harmless given overwhelming evidence of defendant's guilt.
Criminal Law and Procedure Jan. 28, 2016
City of Corona v. AMG Outdoor Advertising
Where uncontroverted evidence shows ordinance banning off-site billboards had been properly and consistently applied, injunction requiring company to remove illicitly-erected billboard is proper, notwithstanding company's claims of illegal discrimination.
Constitutional Law Jan. 28, 2016
Rey Sanchez Investments v. Superior Court (PCH Enterprises Inc.)
Petitioner successfully vacates order denying motion to expunge writ of mandate where lis pendens was 'void and invalid' due to lack of proof of service.
Civil Procedure Jan. 28, 2016
Wolfson v. Concannon
Lower court applied wrong level of scrutiny to Arizona rules regulating judicial campaigns; nonetheless, rules withstand First Amendment analysis under strict scrutiny.
Civil Rights Jan. 28, 2016
Presidio Historical Association v. Presidio Trust
Opponents mounted unsuccessful challenge to proposed lodge construction at the Presidio of San Francisco under Presidio Trust Act and National Historic Preservation Act.
Government Jan. 28, 2016
U.S. v. Cruz-Mendez
Pilot/captain enhancement properly applied to defendant operating vessel carrying narcotics between Mexico and U.S.
Criminal Law and Procedure Jan. 28, 2016
Seacrist v. Southern California Edison Co.
California Public Utilities Commission does not have exclusive jurisdiction over claims relating to stray electrical currents from Southern California Edison substation.
Utilities Jan. 28, 2016
People v. Franklin
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)?
Jan. 28, 2016
People v. Garness
Does Proposition 47, 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(d)?
Jan. 28, 2016
In re Tyler R.
Does Welfare and Institutions Code Section 300(b)(1) authorize dependency jurisdiction without a finding that parental fault or neglect is responsible for the failure or inability to supervise or protect the child?
Jan. 28, 2016
Easley (Yusuf) on H.C.
Order
Jan. 28, 2016