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Name Category Published
Nichols v. Century West LLC
Car dealer's informal agreement to wait to deposit down payment checks does not qualify as 'deferred' down payment allowing purchaser to rescind contract. 		Consumer Law Aug. 18, 2016
People v. Munoz
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)? 		Aug. 18, 2016
People v. Puls
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? 		Aug. 18, 2016
People v. Richards
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. 18, 2016
Marin Association of Public Employees v. Marin County Employees' Retirement Association
Amendment of public employee pension plan appropriate for active workers as new system is 'reasonable' and provides 'comparable new advantages.' 		Administrative Agencies Aug. 18, 2016
U.S. Bank National Association as Trustee v. Naifeh
In light of recent case, judgment in favor of bank vacated and remanded to address validity of borrower's defense of rescission of home loan. 		Banking Aug. 18, 2016
Aluma Systems Concrete Construction of California v. Nibbi Bros. Inc.
Demurrer erroneously sustained based on allegations in underlying lawsuit - allegations that were not determinative of contractor's claim for indemnity. 		Administrative Agencies Aug. 18, 2016
U.S. v. Zhou
Order 		Aug. 18, 2016
Troester v. Starbucks Corporation
Does the federal Fair Labor Standard Act's de minimis doctrine, as stated in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 692 (1946) and Lindow v. United States, 738 F.2d 1057, 1063 (9th Cir. 1984), apply to claims for unpaid wages under California Labor Code sections 510, 1194, and 1197? 		Aug. 18, 2016
People v. Acosta
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. 18, 2016
People v. McCutchan
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)? 		Aug. 18, 2016
McLean v. State of California
Mandated final wage payment time limit under Labor Code Section 202 for employees who 'quit' includes protection for employees who 'retire.' 		Employment Law Aug. 18, 2016
People v. Vidana
Larceny and embezzlement are different statements of the same offense; defendant may not be convicted of both based on the same conduct. 		Statutory Interpretation Aug. 18, 2016
U.S. v. Harmon
Intentional misconduct by prosecution during grand jury proceedings goes to witness's credibility and does not constitute structural error that would warrant automatic reversal. 		Criminal Law and Procedure Aug. 18, 2016
Polo v. Innoventions International LLC
Upon determining it lacks jurisdiction, district court should remand, rather than dismiss, putative class action to state court. 		Civil Procedure Aug. 18, 2016
Friedman v. Live Nation Merchandise
Inference of copyright management information removal from photographs used for t-shirt design establishes summary judgment against photographer-plaintiff improper. 		Copyright Aug. 18, 2016
Moyle v. Liberty Mutual Retirement Benefit Plan
Former employees of acquired insurance company may maintain their ERISA claim for equitable relief under 29 U.S.C. Section 1132(a)(3) despite alternative claim under Section 1132(a)(1)(B). 		Remedies Aug. 18, 2016
Sese v. Wells Fargo Bank N.A.
Appeal over order denying interim attorney fees under California Homeowner Bill of Rights, Civil Code Section 2424.12, dismissed as nonappealable interlocutory order. 		Civil Procedure Aug. 18, 2016
Center for Biological Diversity v. Bureau of Land Management
Incidental take statements do not apply to plant species under Environmental Act as a 'take;' can only apply to fish and wildlife. 		Environmental Law Aug. 17, 2016
People v. Stylz
Individual storage unit within larger facility is not "commercial establishment;" forced entry by Prop 47 appellant was thus not shoplifting. 		Criminal Law and Procedure Aug. 17, 2016
In re Andrew S.
Jurisdiction finding based on alleged failure to provide for children and disposition order removing children reversed as to incarcerated father. 		Juveniles Aug. 17, 2016
Hernandez v. WCAB
California Highway Patrol sergeant injured on the job wins annulment of WCAB's decision and remand due to error in denying him additional compensation. 		Workers' Compensation Aug. 17, 2016
Barickman v. Mercury Casualty Co.
Insurer breaches duty of good faith and fair dealing by unreasonably refusing to settle action due to its misunderstanding of clause concerning court-ordered restitution. 		Insurance Aug. 17, 2016
People v. Chatman
Statutory distinctions in Penal Code Section 4852.01 that render subsequently-incarcerated former felony probationers ineligible for certificate of rehabilitation, but not former felony prisoners, violate equal protection. 		Criminal Law and Procedure Aug. 17, 2016
People v. Lynch
Sex offender prohibition for residency near school or park under Section 3003.5 applies to parolees, not to those on probation. 		Criminal Law and Procedure Aug. 17, 2016
U.S. v. McIntosh
Following denial of injunctions, defendant-appellants win remand based on congressional appropriations rider prohibiting DOJ from spending funds to prevent states' implementation of medical marijuana laws. 		Criminal Law and Procedure Aug. 17, 2016
U.S. v. Mendoza-Padilla
Manslaughter, as defined under Florida law, is not crime of violence under United States Sentencing Guidelines, resulting in vacated sentence and remand for resentencing. 		Criminal Law and Procedure Aug. 17, 2016
Santa Clarita Organization for Planning and the Environment v. Castaic Lake Water Agency
Public water agency does not violate state constitution in acquisition of stock in retail water purveyor. 		Constitutional Law Aug. 17, 2016
People v. Hudson
Impostor fails to establish eligibility for resentencing of his second degree burglary and forgery convictions to misdemeanors under Prop. 47. 		Criminal Law and Procedure Aug. 17, 2016
La Mirada Ave. Neighborhood Assn v. City of Los Angeles (Target Corporation)
Appeal of mandated cessation of Target building construction mooted by subsequent amendment of city building and development regulations initiated by appellant. 		Municipal Law Aug. 17, 2016
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