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People v. Reyes
Two-year enhancement under California Penal Code section 12022.1 inapplicable when defendant's primary offense reduced to misdemeanor and resolved by plea of no contest.
Criminal Law and Procedure Oct. 9, 2016
U.S. v. Kaplan
Replacement value provides best measure to ensure restitution to victims of huge hash oil explosion caused by fellow apartment dwellers.
Criminal Law and Procedure Oct. 9, 2016
People v. VonWahlde
Court lacks authority to vacate parole term under Penal Code Section 1385, grant courts jurisdiction to dismiss criminal actions.
Criminal Law and Procedure Oct. 6, 2016
Hjelm v. Prometheus Real Estate Group Inc.
Residents properly awarded attorney fees pursuant to Civil Code Section 1717 where attorney fees provisions in lease agreement were all one-sided, favoring only landlord.
Contracts Oct. 6, 2016
People v. Accredited Surety & Casualty Co.
Denial of bail bond company's motion to vacate forfeiture of bond affirmed where members of international fugitive apprehension unit are not 'local law enforcement officers' under statute.
Criminal Law and Procedure Oct. 6, 2016
Nicodemus v. Saint Francis Memorial Hospital
Certification of class action erroneously denied where, contrary to trial court's finding, proposed class members were ascertainable from data set provided by records services provider.
Evidence Oct. 6, 2016
LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1 LP
In action for breach of guaranty, judgment in favor of guarantor reversed where trial court errs in applying sham guaranty defense.
Banking Oct. 6, 2016
Markow v. Rosner
Independently contracted doctor not 'ostensible agent' of Cedars-Sinai, protecting hospital fault in negligence and loss of consortium claim.
Civil Procedure Oct. 5, 2016
People v. Varner
Penal Code Section 496d conviction for receiving stolen motor vehicle is not an eligible offense for Prop. 47 reclassification, resentencing.
Criminal Law and Procedure Oct. 5, 2016
People v. Fornay
Condition of probation pursuant to statute requiring sex offender to waive his Fifth Amendment privilege ordered stricken; shorn of that requirement, polygraph tests otherwise valid.
Criminal Law and Procedure Oct. 5, 2016
In re Julien H.
Reliance on inapplicable provision does not require reversal of order restricting father's rights to son where father fails to demonstrate prejudice.
Juveniles Oct. 5, 2016
People v. Nachbar
Probation condition requiring defendant to submit to warrantless computer searches not unconstitutionally vague as defendant had been convicted and is not mere suspect.
Criminal Law and Procedure Oct. 5, 2016
People v. Pak
In crime involving pawning of stolen items, value of funds obtained is key, not the value of property pawned, for purposes of Prop. 47.
Criminal Law and Procedure Oct. 5, 2016
U.S. v. Lo
Appeal of restitution order and forfeiture money judgment dismissed where defendant validly waives right to appeal and no exception to waivers apply.
Criminal Law and Procedure Oct. 5, 2016
Moran v. Prime Healthcare Management Inc.
'Self-pay patient' sufficiently alleges facts supporting conclusion he has standing to claim amount hospital bills such patients is unconscionable, winning reversal of dismissal.
Health Care Oct. 5, 2016
Marriage of Cohen
Divorcing couples cannot contract out of 'change-of-circumstances' rule that applies to post-divorce judgment modifications by inserting 'de novo review' clause in stipulated judgment.
Family Law Oct. 4, 2016
LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1 LP
In action for breach of guaranty, judgment in favor of guarantor reversed where trial court errs in applying sham guaranty defense.
Banking Oct. 4, 2016
Citizens for Ceres v. City of Ceres
Recovery of cost of preparing administrative record in CEQA action not limited to city, where real party in interest is also prevailing party under statute.
Environmental Law Oct. 4, 2016
Michael S., a Minor
Welfare and Institutions Code Section 361(c)(1) does not preclude juvenile court from ordering removal of child from just one custodial parent.
Dependency Oct. 3, 2016
People v. Stamps
Expert testimony identifying drug through online comparison inadmissible hearsay under 'People v. Sanchez.'
Evidence Oct. 3, 2016
Mann v. North Dakota
Order
Oct. 3, 2016
Lindsey v. Indiana
Order
Oct. 3, 2016
Brooks v. Louisiana
Order
Oct. 3, 2016
Boman v. U.S.
Order
Oct. 3, 2016
Sykes v. U.S.
Order
Oct. 3, 2016
Conley v. U.S.
Order
Oct. 3, 2016
Russell v. Alabama
Order
Oct. 3, 2016
Wright v. U.S.
Order
Oct. 3, 2016
In Re Complaint of Judicial Misconduct
Order
Oct. 3, 2016
In Re Complaint of Judicial Misconduct
Order
Oct. 3, 2016