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Name Category Published
D.T. v. Superior Court (San Francisco Human Services Agency)
Mother who continually neglected her five children over the years is not entitled to further reunification services.
Dependency Oct. 30, 2015
Vebr v. Culp
Absence of triable issue of material fact entitles homeowners to summary judgment on painter's tort claims based on respondeat superior.
Labor Law Oct. 30, 2015
People v. DeLeon
Superior courts are not required to conduct preliminary probable cause hearings before revoking parole where timely, single hearing procedure suffices.
Criminal Law and Procedure Oct. 30, 2015
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster.
Workers' Compensation Oct. 30, 2015
People v. Financial Casualty & Surety
California Supreme Court decides issues relating to bail exoneration.
Oct. 30, 2015
In Re I.C.
Order
Oct. 30, 2015
People v. Accredited Surety and Casualty Co.
Should the good cause standard under Penal Code section 1305.4 for extension of the period to exonerate bail require a demonstration of a reasonable likelihood of success of returning a fugitive? When a court finds there has been a diligent investigation to locate a fugitive, does the burden shift to the People to prove that there is not a reasonable likelihood of success of returning the fugitive? Does an extension of the period to exonerate bail commence on the date on which the initial 180-day period expires or on the date on which the trial court grants the extension?
Oct. 30, 2015
People v. Behill
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18(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)?
Oct. 30, 2015
People v. DelaPena
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?
Oct. 30, 2015
Universal Protection Service v. Superior Court (Parnow)
Does the trial court or the arbitrator decide whether an arbitration agreement provides for class arbitration if the agreement itself is silent on the issue?
Oct. 30, 2015
Coretto v. Superior Court (People)
Order
Oct. 30, 2015
People v. Gonzalez
Payment of civil penalty to federal agency does not entitle defendant to dismissal of criminal charge on double jeopardy ground.
Criminal Law and Procedure Oct. 30, 2015
Donorovich-Odonnell v. Harris
Plaintiffs unsuccessful in challenge to law that could be used to prosecute physicians who provide aid-in-dying to terminally ill persons.
Criminal Law and Procedure Oct. 30, 2015
People v. Leeds
Murder conviction is reversed and remanded for new sanity trial where court erroneously instructs jury on self-defense by applying objective rather than subjective standard.
Criminal Law and Procedure Oct. 29, 2015
People v. Bridgeford
Court's failure to apply 'Maryland v. Shatzer' and ensuing prejudice requires reversal of first degree murder convictions.
Criminal Law and Procedure Oct. 29, 2015
UFCW & Employers Benefit Trust v. Sutter Health
Third-party payor cannot be compelled to arbitrate dispute pursuant to agreement signed by health care provider and contracting agent.
Health Care Oct. 29, 2015
Bocanegra v. Jakubowski
Common law prosecutorial immunity extends to claims based on suppression of exculpatory evidence.
Civil Procedure Oct. 29, 2015
Berkeley Hillside Preservation v. City of Berkeley (Logan et al.)
Sufficient evidence supports City of Berkeley's conclusion that residential construction project is exempt from further CEQA review.
Environmental Law Oct. 29, 2015
Marriage of Drake
Family court properly orders father to continue supporting incapacitated adult child, but errs in ordering payments be made directly to mother.
Family Law Oct. 29, 2015
Dhawan v. Biring
Where Section 425.11 statement of damages exceeds those set out in complaint, in context of case not involving personal injury or wrongful death, trial court exceeds jurisdiction to grant default judgment.
Civil Procedure Oct. 29, 2015
U.S. v. Myers
Judiciary's participation in plea negotiations, although improper, does not warrant reversal of criminal judgment where error was not prejudicial.
Criminal Law and Procedure Oct. 29, 2015
Rodriguez v. Robbins
Immigration judges must hold bond hearings for certain immigration detainees subjected to prolonged detention of six months or more.
Immigration Oct. 29, 2015
League of California Cities v. Superior Court (San Diegans for Open Government et al.)
Before ordering disclosure of e-mails, in camera review should have been conducted as requested by party asserting documents are exempt from disclosure.
Administrative Agencies Oct. 29, 2015
Uspenskaya v. Meline
Payment made by medical lien purchaser properly excluded because, absent evidence payment represented reasonable value of treatment, risk of prejudice greatly outweighed probative value.
Torts Oct. 29, 2015
Batten v. WCAB, Long Beach Memorial
Workers' Compensation Appeals Board properly excluded petitioner's privately retained expert's opinion as barred under Labor Code Section 4061(i).
Workers' Compensation Oct. 29, 2015
People v. Etheridge
Man who stole steak in 1996 was not unlawfully imprisoned and, thus, was not entitled to finding of factual innocence under Penal Code Section 1485.55(b).
Criminal Law and Procedure Oct. 28, 2015
People v. Waters
Trial court lacks jurisdiction to order restitution two years after defendant's successful completion of probation.
Criminal Law and Procedure Oct. 28, 2015
Garrido v. Air Liquide Industrial U.S. LP
Arbitration agreement's class waiver provision unenforceable under California law following determination dispute is not subject to Federal Arbitration Act preemption regarding class waivers.
Labor Law Oct. 28, 2015
U.S. Equal Employment Opportunity Commission v. McLane Co. Inc.
EEOC may obtain pedigree information of test takers where such information could shed light on sex discrimination allegations.
Employment Law Oct. 28, 2015
People v. White
Specific intent not required for assault on peace officer where appellant throws metal showerhead at reinforced glass with sufficient force to shatter glass and hit officers.
Criminal Law and Procedure Oct. 28, 2015