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Name Category Published
People v. Perez
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)? 		Apr. 13, 2017
People v. Superior Court (Cook)
Can a trial court grant pretrial diversion under Penal Code section 1001.80 on a charge of driving under the influence despite the ban on diversion in Vehicle Code section 23640? 		Apr. 13, 2017
POET LLC v. State Air Resources Board
Air Resources Board's purported compliance with operative writ falls short for use of improper NOx emissions baseline due to flawed understanding of 'project' under CEQA. 		Environmental Law Apr. 12, 2017
Inland Counties Regional Center v. Superior Court (Barajas)
Inland Counties Regional Center not in contempt for failing to perform court-ordered placement evaluation where defendant had not yet been found to have developmental disability. 		Criminal Law and Procedure Apr. 12, 2017
People v. Cervantes
Prop. 57 mandates 'fitness' hearing for retrial or resentencing of juvenile's overturned felony convictions that were directly tried in adult court. 		Juveniles Apr. 12, 2017
McClain v. Sav-On Drugs
Purchasers of diabetic supply cannot establish 'unique circumstance' that would warrant creation of new tax refund remedy under 'Javor.' 		Taxation Apr. 12, 2017
People v. Douglas
Failure to consider prosecutor's sexual-orientation-based reason for excusing potential jurors results in remand so that court can apply proper 'mixed-motive' analysis. 		Criminal Law and Procedure Apr. 12, 2017
U.S. v. Crooked Arm
Defendants fail to overturn reimposition of felony sentences for convictions for violating Migratory Bird Treaty Act under 'law of the case.' 		Criminal Law and Procedure Apr. 12, 2017
Manteca Unified School District v. Reclamation District No. 17
Assessments levied on school district are not invalid under Water Code Section 51200's exemption, where Proposition 218's constitutional mandate supersedes exemption. 		Water Rights Apr. 11, 2017
People v. Sharpe
Restitution award improper where trial court used both truck's fair market value and costs of repair in calculating award, resulting in windfall to victim. 		Criminal Law and Procedure Apr. 11, 2017
Shaw v. Superior Court (THC-Orange County Inc.)
Employee has no right to jury trial in retaliatory termination action under Health and Safety Code Section 1278.5. 		Administrative Agencies Apr. 11, 2017
S.H. v. United States
'Foreign country' exception to Federal Tort Claims Act bars action filed by family for injuries suffered by their child resulting from premature birth in Spain. 		Torts Apr. 11, 2017
Nasby v. McDaniel
Failure of habeas court to obtain or review record of state court proceedings requires remand so that court may conduct proper independent review. 		Criminal Law and Procedure Apr. 11, 2017
People v. Tovar
Substantial evidence supports gang enhancement, where defendant conspired to commit murder to benefit gang subset and not just larger umbrella gang. 		Criminal Law and Procedure Apr. 11, 2017
People v. Sloat
Petition to designate felony petty theft conviction to misdemeanor improperly denied due to trial court's erroneous application of misdemeanor shoplifting statute. 		Criminal Law and Procedure Apr. 11, 2017
Scholes v. Lambirth Trucking Co.
Relation-back doctrine cannot save property owner's trespass claim against adjacent neighbor for damages from fire that started on neighbor's property. 		Civil Procedure Apr. 10, 2017
California Chamber of Commerce v. State Air Resources Board
Challenges to California's cap-and-trade program rejected, where implementing regulations do not exceed scope of legislative delegation and auctions do not equate to a tax. 		Environmental Law Apr. 10, 2017
People v. Martinez
Failure to instruct jury on 'scienter' requirement for commodities fraud conviction is harmless where court addressed requirement to find 'willful' misrepresentations to investors. 		Criminal Law and Procedure Apr. 10, 2017
Stein v. Axis Insurance Co.
Demurrer improperly sustained in favor of insurer where willful misconduct exception from coverage did not apply to insured's tender of defense expenses. 		Insurance Apr. 10, 2017
U.S. v. Arriaga-Pinon
Sentence enhancement based on prior California theft conviction overturned where record of conviction does not establish offender was convicted of aggravated felony theft offense. 		Criminal Law and Procedure Apr. 10, 2017
Fortson v. Los Angeles City Attorney’s Office
Civil rights action properly dismissed, where plaintiff's constitutional challenges to ten-year firearm ban imposed following conviction for misdemeanor domestic violence unavailing. 		Civil Rights Apr. 10, 2017
Santillan v. USA Waste of California Inc.
Summary judgment improperly granted in favor of employer for firing of elderly garbage truck driver where employee established prima facie case of age discrimination. 		Employment Law Apr. 10, 2017
Boston v. Kitsap County
Washington's special tolling statute applicable to tort claims filed against government inapplicable to toll Section 1983 claims, rendering former jail inmate's lawsuit time-barred. 		Civil Procedure Apr. 10, 2017
Mavrix Photographs LLC v. LiveJournal Inc.
Summary judgment erroneously granted in favor of LiveJournal concerning posting of copyrighted material on popular online community, 'Oh No They Didn't!' 		Copyright Apr. 10, 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. 7, 2017
People v. Truong
Banker cannot be convicted of both fraudulent possession of access card information and receiving stolen property based on possession of her neighbors' credit cards. 		Criminal Law and Procedure Apr. 7, 2017
DisputeSuite.com LLC v. ScoreInc.com
Defendant not entitled to attorney fees for obtaining dismissal of contract action in California based on forum selection clause specifying Florida jurisdiction. 		Contracts Apr. 7, 2017
McGill v. Citibank N.A.
Arbitration agreement waiving right to pursue public injunctive relief violates California law and is not preempted by Federal Arbitration Act. 		Arbitration Apr. 7, 2017
Batze v. Safeway Inc.
Employees unsuccessful in challenging judgment in employers' favor, where substantial evidence supports employees' status as exempt from overtime rules. 		Labor Law Apr. 6, 2017
Danger Panda LLC v. Launiu
Minor displaced by Ellis Act is not a 'tenant' under the San Francisco Rent Ordinance and is therefore not entitled to relocation payment. 		Real Property Apr. 6, 2017
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