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Name Category Published
Marriage of Wilson
Father ordered to pay child support arrears may be eligible for equitable relief as minor resided with father's parents for majority of childhood, not with mother. 		Family Law Oct. 30, 2016
S.P. v. F.G.
Court within discretion to order $14,000 monthly child support payments, $64,000 below initial request, as value appropriately matches father's 'station in life.' 		Family Law Oct. 30, 2016
Bigler-Engler v. Breg, Inc.
Noneconomic damages award suggests prejudiced motivation on jury's part due to inflammatory remarks made by plaintiff's counsel. 		Civil Procedure Oct. 30, 2016
Walker v. Apple Inc.
Court properly granted motion to disqualify firm representing plaintiffs in two concurrent wage-and-hour class actions against Apple. 		Attorneys Oct. 30, 2016
People v. Lewis
Petitioner who is still serving period of PCRS has not yet 'completed' sentence and is ineligible for redesignation of otherwise qualified offense under Prop. 47. 		Criminal Law and Procedure Oct. 30, 2016
People v. Tatum
In murder case, judge's negative comments to jury about plumbers provides basis for mistrial where defendant's alibi witness is a plumber. 		Criminal Law and Procedure Oct. 30, 2016
People v. Learnard
'Strike' reversed as to prior assault conviction where record of conviction did not distinguish types of assault that would support 'strike' finding. 		Criminal Law and Procedure Oct. 30, 2016
People v. Garner
Gonzales present the following issue: Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Pen. Code, section 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? 		Oct. 27, 2016
People v. Hernandez
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? 		Oct. 27, 2016
People v. Hudson
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? 		Oct. 27, 2016
Lee (Johnny) on H.C.
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? 		Oct. 27, 2016
In re D.H.
Remand required to clarify vague no-pornography probation condition imposed following juvenile's admission of indecent exposure. 		Juveniles Oct. 27, 2016
Taylor v. Dept. of Industrial Relations
Employer who failed to obtain workers' compensation coverage loses challenge over term 'calendar year' as that term is used in Labor Code Section 3722(b). 		Workers' Compensation Oct. 27, 2016
Contreras v. Dowling
Attorney representing landlords prevails on anti-SLAPP motion in case brought by tenant alleging attorney aided and abetted wrongful conduct. 		Anti-SLAPP Oct. 27, 2016
People v. Carrillo
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)? 		Oct. 27, 2016
People v. Leyva
(1) Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? (2) What is the value of an unused stolen debit card for the purpose of distinguishing between misdemeanor and felony receiving stolen property in violation of Penal Code section 496, subdivision (a)? 		Oct. 27, 2016
People v. McNair
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, section 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? 		Oct. 27, 2016
People v. Quirino
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? 		Oct. 27, 2016
People v. Tapia
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? 		Oct. 27, 2016
People v. Valdez
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? 		Oct. 27, 2016
Barbosa v. S.C. (People)
Order 		Oct. 27, 2016
Garcia v. S.C. (McDowell)
Order 		Oct. 27, 2016
Spokane Law Enforcement Credit Union v. Barker (In re Barker)
Debtor's acknowledgment of debt in bankruptcy schedule does not relieve creditor of affirmative duty to timely file proof of claim. 		Bankruptcy Oct. 27, 2016
Estate of Diaz v. City of Anaheim
Gang membership and drug use of man shot by officer has no bearing on officer's liability, meriting liability and damages bifurcation in civil trial. 		Evidence Oct. 27, 2016
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 Oct. 27, 2016
People v. Aguilar
Defendant unsuccessful in arguing that restitution order must be vacated because it lacks factual nexus to damage caused by his graffiti vandalism. 		Criminal Law and Procedure Oct. 27, 2016
People v. Navarette
Mexican murder conviction cannot count as 'strike' as elements of crime do not match CA definition of murder due to possibility of self-defense justification. 		Criminal Law and Procedure Oct. 27, 2016
Anderson v. Fitness International
Health club's slick shower surface, slanted near drains, does not amount to gross negligence; membership waiver is defense to ordinary negligence claims. 		Torts Oct. 27, 2016
People v. Lopez
Trial court has jurisdiction to recall sentences of juvenile nonhomicide offenders after their LWOP sentences had been modified pursuant to 'Graham v. Florida.' 		Juveniles Oct. 26, 2016
People v. Padilla
Life without parole sentence for juvenile offender imposed under SCOTUS 'Miller' decision must be reconsidered in light of recent 'Montgomery' decision addressing LWOP under Eighth Amendment. 		Constitutional Law Oct. 26, 2016
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