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Garmon v. County of Los Angeles
Prosecutor not entitled to absolute immunity for misrepresentations in declaration supporting subpoena involving medical records of alibi witness in son's murder trial.
Civil Rights Jul. 6, 2016
U.S. v. Nosal
Convictions affirmed where former employee with revoked computer access acts 'without authorization' under Computer Fraud and Abuse Act by conspiring to use login credentials of current employee.
Criminal Law and Procedure Jul. 6, 2016
Panoche Energy Center v. Pacific Gas & Electric Company
Interpretation of change in law clause 'ripe' for resolution in dispute over cap and trade regulations despite ongoing regulatory interpretation of legislation.
Contracts Jul. 6, 2016
People v. Trevino
Defendant's first degree burglary conviction of an inhabited RV stands despite absence of terms 'recreational vehicle' or 'house car' in Penal Code Section 460(a).
Criminal Law and Procedure Jul. 6, 2016
Torjesen v. Mansdorf
Third party claimant's belated motion to vacate voidable order properly denied where order becomes final once time to appeal runs out.
Civil Procedure Jul. 6, 2016
Garity v APWU National Labor Organization
Adopting sister court's reasoning, Ninth Circuit finds prima facie ADA and Title VII discrimination case does not require showing of breach of contractual duty.
Civil Rights Jul. 6, 2016
People v. Soto
Reversal of second degree murder conviction not warranted despite erroneous jury instruction that precluded jury from considering involuntary intoxication pertaining to imperfect self-defense claim.
Criminal Law and Procedure Jul. 5, 2016
People v. Franklin
Insufficient evidence for gang enhancement allegations under Penal Code § 186.22 merits partial reversal in burglary, false imprisonment case.
Criminal Law and Procedure Jul. 5, 2016
Bay Area Citizens v. Assn. Bay Area Gov.
Relevant agencies correctly declined to count statewide emissions reductions in developing their regional plan because doing so would be inconsistent with statute.
Environmental Law Jul. 5, 2016
Elijah C., a Minor
Purported waiver of statute limitations made by uncounseled minor is invalid though made prior to filing of petition against him.
Juveniles Jul. 5, 2016
People v. Montgomery
'Prior conviction' rendering applicant ineligible for redesignation of felony to misdemeanor under Proposition 47 is conviction that occurs prior to filing of application for redesignation.
Criminal Law and Procedure Jul. 5, 2016
City of Petaluma v. Superior Court (Andrea Waters)
Investigatory harassment report written for city by hired attorney is privileged despite attorney not providing legal counsel after report's completion.
Attorneys Jul. 5, 2016
Naraghi Lakes Neighborhood Preservation Association v. City of Modesto (Berberian Holdings L.P.)
Proponent fails in challenging city's approval of shopping center due to its size because project, though sizable, was nevertheless compatible with general plan's policies.
Environmental Law Jul. 5, 2016
Brooks v. Mercy Hospital
Judgment in favor of defendant hospital that treated prisoner reversed where court fails to apply special tolling provision relating to prisoners.
Criminal Law and Procedure Jul. 5, 2016
People v. Eulian
Off-duty firefighter who punched cat lady into unconsciousness cannot escape assault and battery convictions based on allegedly erroneous self-defense jury instructions.
Criminal Law and Procedure Jul. 1, 2016
California Cannabis Coalition v. City of Upland
Order
Jul. 1, 2016
People v. Baker
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)?
Jul. 1, 2016
Reed v. Gallagher
Candidate who lost election cannot maintain defamation action against rival who ran negative television ad characterizing him as an 'unscrupulous lawyer.'
Civil Procedure Jul. 1, 2016
In re A.D.
(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?
Jul. 1, 2016
In re R.C.
Must no-contact probation conditions be modified to explicitly include a knowledge requirement?
Jul. 1, 2016
People v. Lopez
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 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)?
Jul. 1, 2016
People v. Smedley
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)?
Jul. 1, 2016
In re Reyes (H.C.)
Order
Jul. 1, 2016
People v. Sanchez
Case-specific statements related by prosecution's expert concerning defendant's gang membership is inadmissible hearsay, resulting in reversal of street gang enhancements.
Criminal Law and Procedure Jul. 1, 2016
People v. Conley
Third strikers sentenced before Reform Act took effect, but whose judgment were not yet final, not entitled to automatic resentencing but may petition for recall of sentence.
Criminal Law and Procedure Jul. 1, 2016
Attmore v. Colvin
Administrative law judge errs in determining medical improvement, failing to consider broader context of progress in social security benefits case.
Administrative Agencies Jul. 1, 2016
Cuero v. Cate
Prisoner wins resentencing after prosecution breaches written plea agreement by amending complaint before sentencing so as to subject prisoner to greater sentence.
Administrative Agencies 9th Jul. 1, 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 Jul. 1, 2016
People v. Carreon
Where no family relation exists between probationer and overnight guest in separate area of home, facts militate toward probationer being unable to give valid consent for search of guest's room.
Constitutional Law Jul. 1, 2016
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations.
Administrative Agencies Jul. 1, 2016