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Name Category Published
Mulligan v. Nichols
Loss of private sector job due to leak of police report and interview video not actionable cause under 42 U.S.C. Section 1983. 		Civil Rights Aug. 29, 2016
Frost v. Gilbert
Error preventing counsel from making alternative arguments in summation not prejudicial, where insufficiency argument would have 'fallen on deaf ears' due to overwhelming prosecutorial evidence. 		Criminal Law and Procedure Aug. 29, 2016
Funsten v. Wells Fargo N.A.
Probate court erroneously rules on trustee's application regarding a no-contest clause under former Probate Code Section 21320's safe harbor, which had since been repealed. 		Probate and Trusts Aug. 28, 2016
Fenske v. Service Employees International Inc.
Government contractor injured in Iraq War may not receive concurrent payments for back injury and hearing loss where hearing loss does not precede back injury. 		Administrative Agencies Aug. 28, 2016
Trader Joe’s v. Hallatt
Lanham Act applies extraterritorially to defendant who shipped and resold Trader Joe's products in Canada, as store front 'Pirate Joe's' and lax shipping standards affect American foreign commerce under 'Timberlane.' 		International Law Aug. 28, 2016
Teutscher v. Woodson
District court's award of equitable remedies under ERISA overturned where plaintiff had already obtained jury award of front pay damages to compensate for same harm. 		Remedies Aug. 28, 2016
Dugard v. United States
Federal government not liable to kidnapping victim under Federal Tort Claims Act for parole office's failure to revoke violent predator's parole. 		Immunity Aug. 28, 2016
Demer v. IBM Corp LTD Plan
Insurer MetLife abused discretion by denying long term disability benefits to insured based on reviews conducted by independent physician consultants who only reviewed insured's medical files. 		Insurance Aug. 28, 2016
People v. McDowell
Trial court not prohibited from resentencing Prop. 47 petitioner to an overall prison term amounting to same length as his previous, plea-bargained sentence. 		Criminal Law and Procedure Aug. 28, 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 Aug. 25, 2016
Jackson v. S.C. (People)
After an incompetent defendant has reached the maximum three-year commitment provided for by law, can the prosecution initiate a new competency proceeding by obtaining dismissal of the original complaint and proceeding on a new charging document? 		Aug. 25, 2016
Lopez v. Sony Electronics
Does the six-year limitations period in Code of Civil Procedure section 340.4, which governs actions based on birth and pre-birth injuries and is not subject to tolling for minority, or the two-year limitations period in Code of Civil Procedure section 340.8, which applies to actions for injury based upon exposure to a toxic substance and is subject to tolling for minority, govern an action alleging pre-birth injuries due to exposure to a toxic substance? 		Aug. 25, 2016
People v. Dodson
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a drug offense even though the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47? 		Aug. 25, 2016
People v. Espino
(1) May law enforcement officers conduct a search incident to the authority to arrest for a minor traffic offense, so long as a custodial arrest (even for an unrelated crime) follows? (2) Did Riley v. California (2014) __ U.S. __ [134 S.Ct. 2473, 189 L.Ed.2d 430] require the exclusion of evidence obtained during the warrantless search of the suspect's cell phone incident to arrest, or did the search fall within the good faith exception to the exclusionary rule (see Davis v. United States (2011) 564 U.S. __ [131 S.Ct. 2419, 180 L.Ed.2d 285]) in light of People v. Diaz (2011) 51 Cal.4th 84? 		Aug. 25, 2016
People v. Garrett
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? 		Aug. 25, 2016
People v. Holder
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? 		Aug. 25, 2016
People v. Juergens
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a drug offense even though the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47? 		Aug. 25, 2016
People v. Nice
(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? 		Aug. 25, 2016
People v. Cowan
Order 		Aug. 25, 2016
Reyes v. Lynch
Nolo contendere plea coupled with probationary requirements restraining defendant's liberty constitute 'conviction' for federal immigration purposes. 		Immigration Aug. 25, 2016
Godoy v. Spearman
Murderer not entitled to habeas relief based on misconduct relating to juror who allegedly texted 'judge friend' during trial. 		Criminal Law and Procedure Aug. 25, 2016
In re H.W.
Minor unsuccessful in challenging finding that he possessed burglary tools, where pliers qualify as 'other instrument or tool' within the meaning of Penal Code section 466. 		Juveniles Aug. 25, 2016
People v. Orloff
Trial court properly used discretion provided under Evidence Code Section 352 in allowing evidence of prior threats made by defendant in criminal threats case. 		Criminal Law and Procedure Aug. 25, 2016
People v. Flores
Aider and abettor liability through natural and probable consequences is proper for nontarget offense of torture. 		Criminal Law and Procedure Aug. 24, 2016
People v. Hronchak
Court may impose confinement exceeding maximum allowed for misdemeanor offenses to defendant who was resentenced, given supervised parole under Prop. 47 and thereafter violated parole. 		Criminal Law and Procedure Aug. 24, 2016
In re Mancillas
Pen. Code Section 1203.2a applies to defendants whose probation has been summarily revoked, barring jurisdiction for court that did not issue order within proper time limit. 		Prisoners Rights Aug. 24, 2016
American Hotel and Lodging Association v. City of Los Angeles
Hotel associations unsuccessful in challenging city wage ordinance setting increased wages for hotel workers where ordinance not preempted by National Labor Relations Act. 		Municipal Law Aug. 24, 2016
Brotherhood of Maintenance of Way Employes Division/IBT v. BNSF Railway Inc.
'ConRail' and Railway Labor Act's major/minor test applies to labor dispute against railway alleging retaliation, and properly categorized as 'minor' subject to mandatory arbitration. 		Labor Law Aug. 24, 2016
Shea Homes Inc. and Subsidiaries v. Commissioner of Internal Revenue
Commissioner of Internal Revenue unsuccessful in challenging tax court's determination that home-developer-taxpayers used proper accounting method that clearly reflects their income. 		Taxation Aug. 24, 2016
A.B., a Minor
Father's parental rights properly terminated under Family Code Section 7822 where father made only token efforts to communicate with child for well over one-year period. 		Family Law Aug. 24, 2016
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