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Name Category Published
McBride v. Lopez
Retaliatory threats that deter inmate from filing grievance may excuse inmate's failure to exhaust administrative remedies before filing § 1983 claim, if threats meet objective and subjective standards. 		Prisoners Rights Nov. 25, 2015
U.S. v. Bare
Computer search condition properly imposed where nexus exists between offender's potential computer use conducting illicit firearms pawn business and need for deterrence. 		Criminal Law and Procedure Nov. 25, 2015
In re D.M.
Parent's spanking of children is not categorically "serious physical harm" sufficient to invoke dependency jurisdiction under Section 300 absent consideration whether spankings are reasonable discipline. 		Dependency Nov. 25, 2015
Griffin v. The Haunted Hotel, Inc.
Haunted house operator owes no duty to patron who fell at attraction, and is entitled to summary judgment based on primary assumption of risk doctrine. 		Torts Nov. 24, 2015
Marlton Recovery Partners, LLC v. County of L.A.
Where no triable factual ground exists for opponent of summary judgment, court does not err when ruling for summary judgment upon ground not raised by movant without allowing opponent to respond. 		Civil Procedure Nov. 24, 2015
People v. Acosta
Attempted burglary of a vehicle is not one of the offenses reduced to a misdemeanor under Proposition 47. 		Criminal Law and Procedure Nov. 24, 2015
Marriage of Smith
Ex-wife's receipt of substantial and regular financial support from wealthy father properly considered 'income' for purposes of Family Code's attorney fee-shifting provision. 		Family Law Nov. 24, 2015
In re Amanda A.
Where probation violator stated intent to disobey future (though imminent) order of probation officer, such action does not constitute resisting or obstructing a peace officer under PC Section 148(a)(1). 		Criminal Law and Procedure Nov. 24, 2015
U.S. v. Pedrin
Order 		Criminal Law and Procedure Nov. 24, 2015
Shelton v. Marshall
Order 		Criminal Law and Procedure Nov. 24, 2015
Ramirez v. County of San Bernardino
Plaintiff should have been allowed to file second amended complaint as matter of course where first amended complaint counted as 'other amendment.' 		Civil Procedure Nov. 24, 2015
Citizens for Environmental Responsibility v. State of California ex rel. 14th District Agricultural Association (Stars of Justice Inc.)
Upon remand from the Cal. Supreme Court, Santa Cruz County Fairground does not need to conduct environmental review before holding rodeo, because fairground had been used for similar events in past. 		Environmental Law Nov. 24, 2015
FirstMerit Bank v. Reese
Denial of bank's motion requesting assignment in debtor's trust interest is correct where court lacks authority to enter such order. 		Civil Procedure Nov. 23, 2015
Shirley v. Yates
Prisoner obtains habeas relief following court's error in denying 'Batson' claim alleging racial discrimination in prosecutor's dismissal of black veniremember. 		Criminal Law and Procedure Nov. 23, 2015
U.S. v. Dixon
Cal. Penal Code Section 211 criminalizes conduct not included in Armed Career Criminal Act definition of 'violent felony;' cannot serve as predicate 'violent felony' for mandatory minimum sentencing scheme of ACCA. 		Criminal Law and Procedure Nov. 23, 2015
County of San Diego v. Superior Court (Casteen)
County of San Diego entitled to summary judgment because it is immune from liability to plaintiff who suffered injury while swinging from tree rope at county park. 		Administrative Agencies Nov. 23, 2015
County of Los Angeles v. Superior Court
Forms used when Sheriff's Department impounds cars, which bear owners' addresses gleaned from DMV records, are exempted from disclosure under Cal. Public Records Act. 		Administrative Agencies Nov. 23, 2015
San Diegans for Open Government v. City of San Diego
San Diegans for Open Government fail in challenge to City of San Diego's lease-back financing plan to fund public infrastructure improvements. 		Municipal Law Nov. 23, 2015
In re K.M.
Postjudgment consideration of new ICWA evidence, after trial court issued termination order without properly considering Indian heritage, exceeds court's jurisdiction. 		Dependency Nov. 23, 2015
King v. State
Lack of substantial evidence requires reversal of Bane Act claim against CHP officer; unreasonable detention and search claim affirmed. 		Criminal Law and Procedure Nov. 20, 2015
In re Martinez
Warden cannot validate prisoner as Mexican Mafia associate for participating in protest absent any 'direct link' between prisoner and gang affiliate who allegedly ordered the protest. 		Criminal Law and Procedure Nov. 20, 2015
People v. Eandi
Was defendant eligible for resentencing on felony conviction for willful failure to appear after release on own recognizance pending trial of felony drug offense when superior court reclassified conviction for drug offense as misdemeanor under Proposition 47? 		Nov. 20, 2015
People v. Perez
Was the defendant eligible for resentencing on a felony conviction for willful failure to appear after release on own recognizance pending trial of a felony drug offense when the superior court reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47? 		Nov. 20, 2015
People v. Hargis
Multiple issues presented, including, whether total term of imprisonment of 50 years to life for murder committed by 16-year-old offender is functionally equivalent to life without possibility of parole by denying the offender meaningful opportunity for release on parole? And, if so, does sentence violate 8th Amendment absent consideration of mitigating factors set forth in Miller v. Alabama? Also, did Senate Bill 260 render Eighth Amendment claims moot? 		Nov. 20, 2015
People v. Owens
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)? 		Nov. 20, 2015
People v. Pinon
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? 		Nov. 20, 2015
People v. Sarwar
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? 		Nov. 20, 2015
U.S. v. Garcia-Jimenez
Prior conviction for aggravated assault under New Jersey law is not a 'crime of violence' under U.S.S.G.; court errs in applying 16 level enhancement. 		Immigration Nov. 20, 2015
Bringas-Rodriguez v. Lynch
Homosexual man not entitled to asylum absent showing that Mexican government was unwilling or unable to offer him protection against rapists. 		Immigration Nov. 20, 2015
Carpenter v. Montana Dept. of Labor and Industry Unemployment Insurance Contributions Bureau (In re Carpenter)
Montana's tax claim for unpaid corporate taxes takes priority status in corporate officers' personal bankruptcy case. 		Bankruptcy Nov. 20, 2015
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