| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A142881
|
People v. Eslava
Bench trial finding regarding prior conviction improper due to changes in law between appeals requiring juries to make finding for sentencing enhancements. |
Criminal Law and Procedure |
|
Nov. 15, 2016 | |
|
C078123
|
People v. Wilson
Imposition of both great bodily injury and serious felony enhancements proper where latter enhancement imposed for offender's status as a recidivist, not for conduct. |
Criminal Law and Procedure |
|
Nov. 15, 2016 | |
|
B265382
|
In re Calvin S.
Juvenile entitled to new disposition hearing where court abuses discretion in committing him to Department of Corrections and Rehabilitations facility. |
Juveniles |
|
Nov. 15, 2016 | |
|
15-10152
|
U.S. v. Lin
Erroneous application of base level to defendant who pled guilty to conspiracy to commit sex trafficking warrants resentencing. |
Criminal Law and Procedure |
|
Nov. 14, 2016 | |
|
14-15790
|
De Fontbrune v. Wofsy
French court's imposition of <EM>astreinte</EM> penalty recognizable under Uniform Recognition Act as penalty imposed for private damages, not for public offense. |
International Law |
|
Nov. 14, 2016 | |
|
S218497
|
Centinela Freeman Emergency Medical Associates v. Health Net of California
Health care plans which knowingly assigned enrollees to insolvent individual practice associations owe duty of care to emergency physicians who treated patients, never received payment. |
Health Care |
|
Nov. 14, 2016 | |
|
C072545
|
People v. Perkins
Child sex victim's movement from bathroom to bedroom did not increase risk of harm; insufficient to support aggravated kidnapping sentence enhancement. |
Criminal Law and Procedure |
|
Nov. 14, 2016 | |
|
B268298
|
Southern California Gas Co. v. Flannery
Belated interpleader answer lacking factual specificity insufficient to merit trial or summary judgment motion on issues pled. |
Civil Procedure |
|
Nov. 14, 2016 | |
|
B269027
|
People v. Valenzuela
Conviction for 'wobbler' offense, street terrorism, unaffected by resentencing under Prop 47 as offense was felonious criminal conduct at commissioning of crime. |
Criminal Law and Procedure |
|
Nov. 14, 2016 | |
|
C078537
|
People v. Lopez
'In re Arturo D.' remains good law, permitting officer's warrantless search of driver's purse for identification, warranting the reversal of the dismissal of case against driver. |
Criminal Law and Procedure |
|
Nov. 14, 2016 | |
|
D069928
|
Isiah S., a Minor
Mother lacks standing to assert relative placement arguments where reversal does not advance argument against termination of parental rights. |
Dependency |
|
Nov. 13, 2016 | |
|
E064557
|
People v. Doyle
Defendant's waiver of jury trial is voluntary, knowing and intelligent despite court's failure to explain to defendant everything he was giving up by entering waiver. |
Criminal Law and Procedure |
|
Nov. 13, 2016 | |
|
S237417
|
People v. Rodriguez
Order |
|
Nov. 10, 2016 | ||
|
S237282
|
Sun v. S.C. (Young)
Order |
|
Nov. 10, 2016 | ||
|
H042499
|
People v. Colbert
Store's back office is a discrete area separate from the commercial part of the establishment; hence, theft occurring there does not constitute shoplifting. |
Criminal Law and Procedure |
|
Nov. 10, 2016 | |
|
A142365
|
Dinslage v. City and County of San Francisco
Opposition to departmental changes and general advocacy for the disabled not protected activities under California Fair Employment and Housing Act. |
Employment Law |
|
Nov. 10, 2016 | |
|
S237175
|
Ace American Insurance v. Fireman's Fund Insurance
Order |
|
Nov. 10, 2016 | ||
|
S237602
|
People v. Adelmann
Order |
|
Nov. 10, 2016 | ||
|
S237174
|
Hayward v. S.C. (Osuch)
Order |
|
Nov. 10, 2016 | ||
|
S237801
|
In Re C.B.
Order |
|
Nov. 10, 2016 | ||
|
S237559
|
People v. Aguilar
Order |
|
Nov. 10, 2016 | ||
|
S237037
|
People v. Curry
Order |
|
Nov. 10, 2016 | ||
|
S237538
|
People v. Derritt
Order |
|
Nov. 10, 2016 | ||
|
S237560
|
People v. Hernandez
Order |
|
Nov. 10, 2016 | ||
|
S237587
|
People v. Hubert
Order |
|
Nov. 10, 2016 | ||
|
S237775
|
In Re T.M.
Order |
|
Nov. 10, 2016 | ||
|
S237494
|
People v. Medina
Order |
|
Nov. 10, 2016 | ||
|
S231489
|
Harris v. Superior Court (People)
People not entitled to set aside plea agreement and reinstate dismissed counts where defendant seeks recall and resentencing relief under Proposition 47. |
Criminal Law and Procedure |
|
Nov. 10, 2016 | |
|
16-15411
|
U.S. v. McCandless
Federal prisoner not entitled to mandamus relief challenging district court's refusal to grant motion for bail because he cannot demonstrate clear legal error. |
Criminal Law and Procedure |
|
Nov. 10, 2016 | |
|
15-10272
|
United States v. Finazzo
Government assent to lowered sentencing recommendation by probation office does not constitute motion meriting downward variance at resentencing. |
Criminal Law and Procedure |
|
Nov. 10, 2016 |
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