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Name Category Published
People v. Superior Court (Gooden)
Senate Bill 1437's abolition of the felony murder rule is constitutional; it does not impermissibly alter previous voter approved state constitutional amendments concerning sentencing and underlying offenses. 		Constitutional Law 4DCA/1 Nov. 21, 2019
Amended Opinion: People v. Martell
Proposition 47 applies to Vehicle Code Section 10851; thus, the vehicle must be worth more than $950 to sustain a felony conviction on a taking theory. 		Criminal Law and Procedure 4DCA/2 Nov. 21, 2019
People v. Lopez
Court applied Senate Bill 136 to strike one-year enhancements under Penal Code Section 667.5(b) and agreed that defendant's three-year enhancement under Health and Safety Code Section 11370.2 must be stricken. 		Criminal Law and Procedure 5DCA Nov. 21, 2019
People v. Cutting
A criminal defendant's right to be personally present at trial extends to all critical stages of the criminal prosecution, including the resentencing hearing. 		Criminal Law and Procedure 2DCA/2 Nov. 21, 2019
U.S. v. Diaz-Hernandez
Order 		9th Nov. 21, 2019
Brown v. Upside Gading, LP
Trial court's order was not appealable under Code of Civil Procedure Section 904.1(a)(6) as defendants argued, since it was simply part of the class certification process. 		Civil Procedure 1DCA/3 Nov. 20, 2019
People v. Singh
Trial court properly instructed jury with CALCRIM No. 1201, substantial evidence supported defendant lacking a lawful purpose for his actions, and defendant moved the child a substantial distance under the circumstances. 		Criminal Law and Procedure 1DCA/3 Nov. 20, 2019
Conservatorship of Bryan S.
A proposed conservatee cannot refuse to testify at his own conservatorship trial based on the Fifth Amendment and his equal protection rights are not violated when compelled to testify. 		Conservatorship 1DCA/1 Nov. 20, 2019
Unzueta v. Akopyan
A 'Batson/Wheeler' challenge is timely if made before the jury is impaneled; the court is required to conduct a full review of all suspect peremptory challenges. 		Constitutional Law 2DCA/7 Nov. 20, 2019
Vega-Anguiano v. Barr
No valid legal basis for petitioner's removal order at time of its execution because underlying conviction had been expunged under state rehabilitative statute and he satisfied requirements of Federal First Offender Act. 		Immigration 9th Nov. 20, 2019
U.S. v. Chi
Order 		9th Nov. 20, 2019
Peithman v. U.S.
Order 		USSC Nov. 19, 2019
People v. Yanez
Pre-trial and post-conviction detainees are similarly situated classes of persons; applying conduct credits to reduce prison sentences for one but not the other violates the Equal Protection Clause. 		Constitutional Law 1DCA/2 Nov. 19, 2019
Bracamontes v. Superior Court
Under Penal Code Section 1054.9, a defendant sentenced to death who is prosecuting a post-conviction habeas corpus petition may not seek discovery of relevant evidence in the possession of individuals. 		Criminal Law and Procedure 4DCA/1 Nov. 19, 2019
RSCR Inland, Inc. v. State Dept. of Public Health
The 'reasonable licensee' defense can defeat an administrative sanction by establishing a reasonable effort at complying with the applicable statute or regulation. 		Administrative Agencies 4DCA/2 Nov. 19, 2019
People v. Pierre R.
A Mentally Disordered Offender need not be treated for the mental disorder that caused the offense, if the MDO was already treated for a similar disorder with the same treatments. 		Conservatorship 2DCA/6 Nov. 19, 2019
Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Corporations can be held vicariously liable for causing brush fires under Health and Safety Code Sections 13009 and 13009.1; CalFire may recover fire suppression and investigation costs. 		Torts 2DCA/6 Nov. 19, 2019
U.S. v. Orona
Order 		9th Nov. 19, 2019
Fugow v. Barr
Petitioner's conviction for first-degree unlawful imprisonment under Hawaii law was categorically a crime involving moral turpitude that made him removable. 		Immigration 9th Nov. 19, 2019
People v. Gangl
Proposition 36 grants the trial court discretion to allow multiple serious and violent felony sentences to be served concurrently if the felonies arise from the same set of operative facts. 		Criminal Law and Procedure 3DCA Nov. 18, 2019
Daws v. Superior Court
Trial court's two-day written notice requirement for defendant to withdraw his waiver of right to a speedy trial fulfilled the requirements of Penal Code Section 1382. 		statutory_interpretation 1DCA/4 Nov. 18, 2019
U.S. v. Ped
Police may conduct a warrantless search of a home when they had probable cause that a parolee lived at the residence and his parole officer did not notify them otherwise. 		Criminal Law and Procedure 9th Nov. 18, 2019
Henson v. Fidelity National Financial
District court abused its discretion in evaluating three factors considered in evaluating the merits of a FRCP 60(b)(6) motion predicated on an intervening change in the law under 'Phelps v. Alameida.' 		Civil Procedure 9th Nov. 18, 2019
FMC Corp. v. Shoshone-Bannock Tribes
Tribal court had jurisdiction over tribes' suit against corporation because corporation was nonmember who entered consensual relationship with tribe through permit fees and thus satisfied 'Montana v. United States' exception. 		Native American Affairs 9th Nov. 18, 2019
Glynn v. Superior Court
Even though employee was terminated by mistake because of a misinterpretation of the company's disability policy, disability discrimination was still present and the company was held liable for employee's damages. 		Disability Discrimination 2DCA/4 Nov. 15, 2019
People v. Tran
Exigent circumstances supported seizure of defendant's vehicle dash camera when facts suggested it contained evidence of reckless driving and defendant's conduct indicated he would attempt to destroy its contents. 		Criminal Law and Procedure 4DCA/1 Nov. 15, 2019
People v. Kopp
Order 		CASC Nov. 15, 2019
Sheen v. Wells Fargo Bank
Order 		CASC Nov. 15, 2019
People v. Tirado
Order 		CASC Nov. 15, 2019
Wishnev v. The Northwestern Mutual Life Insurance Co.
Exempt lenders under Article XV of the California Constitution are not required to advise borrowers in writing that they are charging compound interest. 		Insurance CASC Nov. 15, 2019
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