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Name Category Published
People v. Valdez
Petition for recall of sentence under Proposition 36 properly denied, where defendant is 'armed' with weapon even though weapon is not in his possession at time it is discovered. 		Criminal Law and Procedure Apr. 24, 2017
People v. Superior Court (Rodas)
Trial court exceeds jurisdiction in granting defendant's motion to withdraw no contest plea, where defendant moves to withdraw plea beyond period allowed in statute. 		Criminal Law and Procedure Apr. 24, 2017
U.S. v. Fryberg
Return of service proving defendant had notice of a domestic violence hearing regarding him rightly deemed admissible under the public record exception to hearsay. 		Criminal Law and Procedure Apr. 24, 2017
Pacific Gas and Electric Co. v. Superior Court (Rowe)
PG&E cannot assert recreational use immunity as shield from negligence claim stemming from fallen tree, where payment of consideration in exchange for permission to enter park abrogates immunity. 		Immunity Apr. 24, 2017
Andres v. Marshall
Prisoner is deemed to have exhausted available administrative remedies when prison officials fail to respond to his grievance, thus permitting excessive force action to proceed. 		Prisoners Rights Apr. 24, 2017
U.S. v. Johnson
Under Mandatory Victim Restitution Act, restitution may flow from events other than the count of conviction, if harm caused was part of defendant's 'scheme, conspiracy, or pattern.' 		Remedies Apr. 24, 2017
Citizens for Beach Rights v. San Diego
Lawsuit asserting expiration of issued site development permit barred by statute of limitations, as complaint is filed more than 90 days after City's issuance of building permit. 		Government Apr. 24, 2017
People v. Wismer
Juror's experiment comparing other juror's reaction to false accusation of wrongdoing to defendant's reaction to accusations constitutes misconduct requiring reversal of convictions. 		Criminal Law and Procedure Apr. 24, 2017
De La Torre v. CashCall
Order 		Apr. 24, 2017
CTIA v. City of Berkeley
City ordinance requiring cellphone providers to post FCC safety guidelines in stores not violative of First Amendment, as City has interest in limiting commercial speech to promote public health. 		Constitutional Law Apr. 24, 2017
Weeden v. Johnson
Attorney's failure to pursue psychological testing for minor client accused of felony murder constitutes ineffective assistance of counsel, as not pursuing testing is not a 'trial strategy.' 		Attorneys Apr. 24, 2017
People v. Harris
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? 		Apr. 21, 2017
People v. Kennedy
Was the jury properly instructed on the "kill zone" theory of attempted murder? 		Apr. 21, 2017
People v. Lowery
For the purpose of the distinction between felony and misdemeanor forgery, is the value of an uncashed forged check the face value (or stated value) of the check or only the intrinsic value of the paper it is printed on? 		Apr. 21, 2017
Gabrielle A. v. County of Orange
No contest plea entered in dependency court determined not to be entered under coercion is properly considered in subsequent civil trial challenging, among other things, jurisdiction of previous case. 		Family Law Apr. 21, 2017
Tepper v. Wilkins
Demurrer properly sustained without leave to amend, where plaintiff lacks standing to bring elder abuse action against her siblings on behalf of their mother. 		Torts Apr. 21, 2017
Broadway Victoria LLC v. Norminton, Wiita & Fuster
Grant of nonsuit proper, where claim for breach of fiduciary duty duplicative of claim for professional negligence. 		Attorneys Apr. 21, 2017
Baranchik v. Fizulich
Plaintiff whose criminal conviction was dismissed may not pursue excessive force claim against officer due to bar under 'Heck v. Humphrey.' 		Civil Rights Apr. 21, 2017
Peter Mastan v. James Salamon
Holder of junior non-recourse liens does not have right to claim on property under 11 U.S.C. § 1111(b) after non-judicial foreclosure and sale of property by senior lienholder. 		Bankruptcy Apr. 21, 2017
Porter v. Nabors Drilling USA LP
Governmental unit exception to automatic bankruptcy stay does not apply to plaintiff's Private Attorney General Act action. 		Bankruptcy Apr. 21, 2017
U.S. v. Rivera-Muniz
California's manslaughter statute matches generic definition of manslaughter and is therefore categorically a crime of violence under United States Sentencing Guidelines. 		Criminal Law and Procedure Apr. 21, 2017
United States v. Harris
California law makes irrevocable, discretionary trusts 'property' subject to liens issued to collect unpaid federal conviction restitution orders. 		Probate and Trusts Apr. 21, 2017
Salazar v. Intermodal Bridge Transport
Is the plaintiff in a representative action under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, Section 2698 et seq.) entitled to discovery of the names and contact information of other "aggrieved employees" at the beginning of the proceeding or is the plaintiff first required to show good cause in order to have access to such information? 		Apr. 21, 2017
Hernandez v. S.C. (People)
Opinion 		Apr. 21, 2017
In re Edward B.
Where no evidence shows ward's relationship to gang activity or gangs, probation condition forbidding his association with known gang members is improper. 		Criminal Law and Procedure Apr. 21, 2017
Blixseth v. Yellowstone Mountain Club LLC
Order 		Apr. 20, 2017
McDermott Will & Emery LLP v. Superior Court (Hausman)
Disqualification of law firm appropriate following firm's violation of ethical obligations regarding use of inadvertently disclosed privileged email. 		Attorneys Apr. 20, 2017
Sumrall v. Modern Alloys, Inc.
Where employer requires employees to first arrive at stockyard to fetch materials before beginning paid workday at jobsite, commute to stockyard may be deemed 'special errand' exception to 'going and coming' rule. 		Torts Apr. 20, 2017
Quigley v. Garden Valley Fire Protection District
Nonsuit properly granted in favor of local firefighting agencies and their employees based on statutory immunity. 		Immunity Apr. 20, 2017
Manrique v. United States
Failure to file second notice of appeal after entry of amended judgment constitutes forfeiture of claim under Federal Rule of Appellate Procedure 4. 		Criminal Law and Procedure Apr. 20, 2017
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