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People v. Castillo
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. 21, 2016
People v. Frierson
What is the standard of proof for a finding of ineligibility for resentencing under Proposition 36? (See People v. Arevalo (2016) 244 Cal.App.4th 836; cf. People v. Osuna (2014) 225 Cal.App.4th 1020.)
Oct. 20, 2016
Liberty Surplus Insurance v. Ledesma and Meyer Construction
Whether there is an 'occurrence' under an employer's commercial general liability policy when an injured third party brings claims against the employer for the negligent hiring, retention, and supervision of the employee who intentionally injured the third party.
Insurance Oct. 20, 2016
In re Ana C.
(1) Are probation conditions prohibiting defendant from: (a) "owning, possessing or having in his custody or control any handgun, rifle, shotgun or any firearm whatsoever or any weapon that can be concealed on his person"; and (b) "using or possessing or having in his custody or control any illegal drugs, narcotics, narcotics paraphernalia without a prescription," unconstitutionally vague? (2) Is an explicit knowledge requirement constitutionally mandated?
Oct. 20, 2016
People v. Knight
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 retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, section 1170.126)?
Oct. 20, 2016
People v. Martinez
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. 20, 2016
People v. McCaw
Was the trial court's decision that defendant's prior conviction constituted a strike incompatible with Descamps v. U.S. (2013) 570 U.S. __ (133 S.Ct. 2276) because the trial court relied on judicial fact-finding beyond the elements of the actual prior conviction?
Oct. 20, 2016
People v. Sanders
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. 20, 2016
People v. Stout
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. 20, 2016
People v. Smith
Order
Oct. 20, 2016
Guardianship v. P. (Wilder)
Order
Oct. 20, 2016
Mendez-Garcia v. Lynch
Petitioners properly denied relief from removal because their children no longer met statutory definition of child or had other qualifying relative when their application was decided.
Immigration Oct. 20, 2016
Gonzales v. CarMax
List of inspected car parts without description of component status not a proper 'inspection report' under Vehicle Code requirements to sell used car as 'certified.'
Statutory Interpretation Oct. 20, 2016
ONDA v. Jewell
Challengers to wind turbine project in Oregon win partial victory due to failure to consider project's impact on sage grouse bird during winter months.
Environmental Law Oct. 20, 2016
Bonilla v. Lynch
Exercise of jurisdiction over petition for review of motion to reopen 'sua sponte' deportation order results in remand after Board of Immigration Appeals commits legal error.
Immigration Oct. 20, 2016
Soto v. Motel 6 Operating LP
California Labor Code section 226(a) does not require employers to include monetary value of accrued paid vacation time in employee wage statements until termination of employment.
Labor Law Oct. 20, 2016
People v. Sweeney
Gang enhancements under Pen. Code Section 186.22(b) do not necessarily prohibit felony reclassification under Prop 47 to misdemeanor.
Criminal Law and Procedure Oct. 19, 2016
Nava v. Saddleback Memorial Medical Center
Negligence action brought by patient who fell off gurney while at hospital properly barred as untimely, where one-year, rather than two-year, statute of limitations applies.
Civil Procedure Oct. 19, 2016
People v. Mitchell
Separate sentences for assault and robbery convictions barred by Pen. Code Section 654 as use of scissors in act render the two an 'indivisible transaction.'
Criminal Law and Procedure Oct. 19, 2016
M.D. v. Newport-Mesa Unified School District
Motion for relief from judgment erroneously denied where two-day delay in filing amended complaint was excusable under 'Pioneer' factors.
Civil Procedure Oct. 19, 2016
Ho v. ReconTrust Co.
Action properly dismissed where trustee of California deed of trust is not a 'debt collector' under Fair Debt Collection Practices Act.
Consumer Law Oct. 19, 2016
A.M. v. Ventura Unified School District
Minor's claim for liability against school district for childhood sex abuse is exempted from claims presentment requirement, warranting reversal of judgment in favor of school district.
Civil Procedure Oct. 19, 2016
People v. Reyes-Tornero
Penal Code Section 654 does not prohibit multiple punishment on multiple great bodily injury enhancements where several victims were involved.
Criminal Law and Procedure Oct. 19, 2016
Huang v. Bicycle Casino, Inc
Shuttle operated for select casino patrons may be subject to higher duty of care owed by operators of 'common carriers' in suit stemming from injury caused during boarding.
Civil Procedure Oct. 19, 2016
Jamison v. Dept. of Transportation
Imposing preliminary injunction on Caltrans interferes with its statutory duty to control encroachments upon state highway right-of-way, resulting in reversal in Caltrans favor.
Remedies Oct. 19, 2016
People v. Windfield
Murder convictions and sentences affirmed, with remand ordered for limited purpose of addressing juvenile sentencing issue in light of 'People v. Franklin.'
Criminal Law and Procedure Oct. 19, 2016
City of San Diego v. San Diegans for Open Government
Corporation that files answer in validation action knowing it is a suspended corporation is not entitled to attorney fees under Code of Civil Procedure section 1021.5.
Civil Rights Oct. 18, 2016
Robinson v. U-Haul Co. of California
Truck-rental company's past practice of pursuing non-compete covenants warrants permanent injunction barring practice in California.
Remedies Oct. 18, 2016
Walmart Stores Inc. v. United Food and Commercial Workers International Union
National Labor Relations Act does not preempt Walmart's trespass action against union for staging disruptive demonstrations inside Walmart stores.
Administrative Agencies Oct. 17, 2016
W.C., a Minor
Eighteen-year-old's request to reenter dependency jurisdiction and foster care properly denied because he was never adjudged a dependent of the juvenile court.
Juveniles Oct. 17, 2016