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People v. Haywood
Court declines invitation to 'engage in judicial legislation;' affirms rejection of Prop 47 petition arguing that crime outside of those considered by initiative (unlawful taking/driving of vehicle) could merit resentencing.
Criminal Law and Procedure Dec. 31, 2015
Kemper v. Co. of San Diego
Collateral estoppel bars parent's legal malpractice action when identical issue (causation) has already been litigated and decided in juvenile dependency action.
Juveniles Dec. 30, 2015
Castro v. County of Los Angeles
Order
Dec. 30, 2015
U.S. v. Taylor
Proof of risk of loss to financial institution not required for conviction of making false statements to a bank.
Criminal Law and Procedure Dec. 30, 2015
Alaska Wilderness League v. Jewell
Order
Dec. 30, 2015
Oyama v. University of Hawaii
University's decision to deny prospective public school teacher's application based on his aberrant views regarding student-teacher sexual relations and disabled students does not violate the First Amendment.
Civil Rights Dec. 30, 2015
McKinney v. Ryan
Denial of writ of habeas corpus reversed where court commits constitutional error in death sentence by applying state's 'causal nexus' test to nonstatutory mitigation factors.
Criminal Law and Procedure Dec. 30, 2015
People v. Thompson
Defendant entitled to resentencing of grand theft of access card information conviction as misdemeanor under Proposition 47 where value of taken property less than $950.
Criminal Law and Procedure Dec. 29, 2015
Moore v. William Jessup University
Primary assumption of risk bars delivery driver's negligence action against shipper that allegedly understated weight of box on shipping label.
Torts Dec. 29, 2015
Almanza-Arenas v. Lynch
Petitioner successfully challenges denial of cancellation of removal where vehicle theft under California Vehicle Code Section 10851(a) is not categorical match to crime of moral turpitude.
Immigration Dec. 29, 2015
U.S. v. Navarrette-Aguilar
Heroin dealer must be resentenced due to district court's erroneous ruling on jury's quantity finding which, in turn, prejudicially triggered mandatory minimum 20-year sentence.
Criminal Law and Procedure Dec. 29, 2015
People v. Hicks
Court properly refuses to advise jury during second degree murder trial that defendant had been convicted of lesser related offense in first trial.
Criminal Law and Procedure Dec. 28, 2015
People v. Estrada
Court properly finds defendant ineligible for resentencing as second-strike offender under Proposition 36 based on preliminary hearing testimony showing defendant used firearm during robbery.
Criminal Law and Procedure Dec. 28, 2015
People v. Marks
Petitioner may not seek to reclassify prior drug offenses as misdemeanors through petition for resentencing on current felony conviction under Proposition 47.
Criminal Law and Procedure Dec. 28, 2015
Crawley v. Alameda County Waste Management Authority
Alameda County Waste Management Authority's imposition of hazardous waste collection and disposal fee is exempt from California Constitution's requirement of majority electorate approval.
Municipal Law Dec. 28, 2015
McDaniels v. Kirkland
In habeas cases, federal courts may consider entire state-court record, including evidence presented only to trial court.
Criminal Law and Procedure Dec. 28, 2015
U.S. v. Cook
Drug supplier defendant's fact pattern differs meaningfully from 'Gant' defendant, supports finding that search incident to lawful arrest was constitutional.
Criminal Law and Procedure Dec. 28, 2015
People v. Sandoval
In automatic appeal from death sentence for murder conviction, lying-in-wait special circumstance finding reversed but judgment otherwise affirmed.
Criminal Law and Procedure Dec. 28, 2015
People v. Gomez
Defendant not entitled to resentencing under Proposition 47 when he fails to meet burden showing vehicle he took was valued at less than $950.
Criminal Law and Procedure Dec. 24, 2015
Hernandezcueva v. E.F. Brady Co. Inc.
Nonsuit on strict products liability claim erroneously granted where evidence showed subcontractor who supplied and installed asbestos-containing products was in stream of commerce.
Torts Dec. 24, 2015
Mitchell v. Superior Court (Johnson)
Absent willful omission or violation of a court order, trial court abuses its discretion in excluding party's witness where party failed to identify witness during discovery.
Civil Procedure Dec. 24, 2015
Ziani Homeowners Association v. Brookfield Ziani LLC (Fadavi)
Timeliness of motion to intervene should be determined based on date movants knew or should have known their interests in litigation were not being adequately represented.
Civil Procedure Dec. 24, 2015
People v. Scally
Character evidence that is relevant to rebut defendant's claim that he is not a pimp is admissible.
Criminal Law and Procedure Dec. 24, 2015
U.S. v. Cisneros-Rodriguez
Defendant who was facially eligible for U-visa obtains reversal of illegal reentry conviction due to ICE agent's erroneous advice during administrative removal proceeding.
Criminal Law and Procedure Dec. 24, 2015
San Pablo Bay Pipeline Co. LLC v. Public Utilities Commission (Tesoro Refining & Marketing Co.)
Owner of crude oil pipeline unsuccessful in challenging Public Utilities Commission's decision to bifurcate proceedings and toll statute of limitations.
Utilities Dec. 24, 2015
Cruz v. Sun World International LLC
Lack of predominant common issues is sufficient basis for denial of certification in agricultural workers' wage suit.
Labor Law Dec. 24, 2015
Goddard v. Dept. of Fish and Wildlife
Dept. of Fish and Wildlife not liable for drowning death in Tuolumne River where condition created by man-made condition mimicked natural condition.
Government Dec. 24, 2015
County of Los Angeles Child Support Services Dept. v. Superior Court (Youngblood)
California court may not order genetic testing to challenge registration of foreign child support judgment where paternity was irrelevant to enforcement proceeding.
Family Law Dec. 23, 2015
HPT IHG-2 Properties Trust v. City of Anaheim
City of Anaheim properly estopped from changing terms of conditional use permit issued to allow plaintiff developers to construct two hotels.
Remedies Dec. 23, 2015
Natalie A., a Minor
Jurisdiction over children is proper where father's current drug use resulted in his failure to fulfill major parental obligations such as ensuring adequate supervision for children.
Dependency Dec. 23, 2015