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Name Category Published
People v. Bennett
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012?
Mar. 24, 2017
People v. Sandoval
Did the trial court err imposing an "electronics search condition" on minor as a condition of his probation when it had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008)because it would facilitate his supervision?
Mar. 24, 2017
Stand Up For California! v. State of California (North Fork Rancheria of Mono Indians)
May Governor concur in decision by Secretary of Interior to take off-reservation land in trust for purposes of tribal gaming without legislative authorization or ratification, or does such action violate separation of powers provisions of state Constitution?
Mar. 24, 2017
San Luis & Delta-Mendota Water Authority v. Zinke
Order
Mar. 24, 2017
Moalem v. Gerard
Is negligent or intentional action a necessary element of a cause of action for abatement of a natural condition-private nuisance based on a failure or omission to act and, if so, should tree encroachment cases be exempted from this rule?
Mar. 24, 2017
National Shooting Sports Foundation v. State of California
Order
Mar. 24, 2017
Newport Harbor Ventures v. Morris Cerullo World Evangelism
May a motion to strike under the anti-SLAPP statute be brought against any claim in an amended complaint, including claims that were asserted in prior complaints?
Mar. 24, 2017
Pitzer College v. Indian Harbor Insurance Company
Is California's common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis?
Mar. 24, 2017
People v. Mendoza
May a trial court properly impose a criminal laboratory analysis fee and a drug program fee based on a defendant's conviction for conspiracy to commit certain drug offenses?
Mar. 24, 2017
People v. Meraz
Issues as to requirements under Montgomery v. Louisiana (2016) 577 U.S. __, Miller v. Alabama (2012) 567 U.S. __, for imposing sentence of life imprisonment without possibility of parole on juvenile offender.
Mar. 24, 2017
People v. Riddles
Award of restitution to insurer who collected low premium for workers compensation policy appropriate, as employer's misclassification of employees greatly reduced premium, causing economic loss.
Criminal Law and Procedure Mar. 24, 2017
People v. Gonzales
Theft by false pretenses constitutes shoplifting under Penal Code Section 459.5, making grandson who stole grandmother's checks eligible for Prop. 47 relief.
Criminal Law and Procedure Mar. 24, 2017
Carmack v. Reynolds
Probate Code does not limit bankruptcy estate's access to spendthrift trust to 25 percent of beneficiary's interest, where trust pays beneficiary entirely out of principal.
Probate and Trusts Mar. 24, 2017
Farrar v. Direct Commerce Inc.
Substantively unconscionable carve-out in arbitration provision can be severed, resulting in grant of employer's motion to compel arbitration with former employee.
Employment Law Mar. 24, 2017
Fiduciary Trust International of California v. Klein
Previous trustees who sought legal advice must show that advice was for personal defense as to performance of duties in order to avoid disclosure to successor trustee.
Probate and Trusts Mar. 23, 2017
Coyne v. City and County of San Francisco
Ellis Act preempts San Francisco ordinances that require landlords seeking to exit residential market to pay enhanced relocation payments.
Municipal Law Mar. 23, 2017
Emerald Aero LLC v. Kaplan
Arbitrator exceeds power in awarding punitive damages against defendant who was not afforded meaningful opportunity to challenge punitive damages plaintiffs sought last minute.
Arbitration Mar. 23, 2017
Endrew F. v. Douglas County School District RE-1
Individualized educational program under IDEA requires more than 'some' benefit; it must aim to enable child to make progress appropriate for his circumstances.
Education Mar. 23, 2017
Star Athletica LLC v. Varsity Brands Inc.
Surface decorations on cheerleading uniforms are eligible for copyright protection as works of art where they can be separated from the useful article.
Intellectual Property Mar. 23, 2017
Czyzewski v. Jevic Holding Corp.
Bankruptcy court that orders dismissal of Chapter 11 case cannot, without consent of parties, deviate from basic priority rules regarding distribution of estate value.
Bankruptcy Mar. 23, 2017
People v. Bunyard
Burglary conviction based on attempt to break into coin-operated soap dispenser at commercial laundromat eligible for resentencing as misdemeanor under new shoplifting statute.
Criminal Law and Procedure Mar. 23, 2017
DB Healthcare v Blue Cross Shield
Health care providers lack statutory standing to file suit under Employee Retirement Income Security Act, as providers are not 'beneficiaries' under Section 502 of Act.
Health Care Mar. 23, 2017
People v. Profitt
'Valentine/Sapp' rule precludes bifurcation of defendant's felony and misdemeanor DUI charges where misdemeanor counts include prior misdemeanor convictions as elements of the crime.
Criminal Law and Procedure Mar. 22, 2017
Sheley v. Harrop
Allegations of misuse of corporate funds for filing lawsuit in mixed causes of action subject to anti-SLAPP motion as right to file lawsuit is protected activity.
Anti-SLAPP Mar. 22, 2017
Vaquero v. Stoneledge Furniture LLC
Employer's failure to separately compensate commission-based sales associates for rest periods results in reversal of summary judgment in employer's favor.
Labor Law Mar. 22, 2017
City of Los Angeles v. Superior Court (Anderson-Barker)
Civil Discovery Act Applies to petitions brought under California Public Records Act as actions are special proceedings and civil in nature.
Civil Procedure Mar. 22, 2017
People v. Antolin
After defendant's sentence for term in county jail pursuant to Realignment Act commenced, trial court lacked jurisdiction to modify sentence.
Criminal Law and Procedure Mar. 22, 2017
National Labor Relations Board v. SW General Inc. dba Southwest Ambulance
Federal Vacancies Reform Act Section 3345(b)(2) renders complaint filed on behalf of NLRB's acting general counsel invalid where President had nominated him for permanent position.
Administrative Agencies Mar. 22, 2017
SCA Hygiene Products Aktiebolag v. First Quality Baby Products LLC
Laches cannot preclude claim for damages brought within 6-year period set forth in Patent Act.
Patent Law Mar. 22, 2017
Manuel v. City of Joliet
Fourth Amendment claim challenging detention improperly dismissed even though legal process had begun, where judge's probable cause determination was based on fabricated evidence.
Criminal Law and Procedure Mar. 22, 2017