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People v. Hartley
Passenger who refused to pay cab driver after the latter missed a turn lacks requisite fraudulent intent to support petty theft by false pretenses conviction.
Criminal Law and Procedure Jun. 27, 2016
People v. Superior Court (Albert Sokolich)
Negligence does not constitute failure to act in good faith in petition to commit man as sexually violent predator.
Criminal Law and Procedure Jun. 26, 2016
Conservatorship of Jesse G.
Conservatorship over man who was strongly aware of his mental health issues overturned where friend's commitment could help him survive safely without involuntary detention.
Conservatorship Jun. 26, 2016
Stewart Enterprises Inc. v. City of Oakland
Grant of claim petitioning for writ of administrative mandamus affirmed in favor of plaintiffs seeking to build crematorium in East Oakland.
Municipal Law Jun. 26, 2016
Gopal v. Kaiser Foundation etc. Plan
Health plan and service provider are not liable for one another's acts and omissions under enterprise theory of liability.
Torts Jun. 26, 2016
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47.
Criminal Law and Procedure Jun. 26, 2016
Rice v. Downs
Trial court errs in compelling parties to arbitrate certain tort claims that did not arise from the parties' operation agreement.
Torts Jun. 26, 2016
Harris v. Stampolis
Restraining order properly issued against father for his aggressiveness toward middle school principal as witnessed by others and which caused her anxiety.
Civil Procedure Jun. 26, 2016
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47.
Criminal Law and Procedure Jun. 26, 2016
City of Santa Maria v. Adam
Court appropriately quiets title of overlying right to groundwater without quantifying prescriptive loss because of lack of water shortage.
Water Rights Jun. 26, 2016
People v. Progressive Horizon Inc.
Medical marijuana business unsuccessful in challenging denial of motion to dissolve injunction barring it from operating in Los Angeles.
Municipal Law Jun. 26, 2016
People v. Herrin
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)?
Jun. 23, 2016
People v. Lauer
Order
Jun. 23, 2016
People v. Ocegueda
Failure to instruct jury that it could consider defendant's mental disabilities involving claim for imperfect self-defense not prejudicial, but reversal nevertheless warranted due to sentencing error.
Criminal Law and Procedure Jun. 23, 2016
People v. Ochoa
Middleman in drug ring who supplied methamphetamine to Nuestra Familia criminal street gang obtains reversal of second conspiracy conviction under Penal Code 654 and 'Kellett.'
Criminal Law and Procedure Jun. 23, 2016
Orona v. United States
Court grants petitioner's application for authorization to file a second or successive Section 2255 motion and clarifies rule regarding tolling of statute of limitations.
Criminal Law and Procedure Jun. 23, 2016
Scott v. Yoho
California Code of Civil Procedure requirement for 30-day rescission period for medical arbitration contracts preempted by Federal Arbitration Act.
Contracts Jun. 23, 2016
Harris v. TAP Worldwide LLC
Employer wins reversal of denial of motion to compel arbitration where arbitration agreement, attached as appendix to employer handbook, is enforceable and not illusory.
Contracts Jun. 23, 2016
State Compensation Insurance Fund v. Workers’ Compensation Appeals Board
Labor Code Section 4610.6(d)'s 30-day time limit is directory; hence, untimely independent medical review remains valid and binding upon parties as director's final determination.
Workers' Compensation Jun. 23, 2016
Fisher v. University of Texas at Austin
University's race-conscious undergraduate admission plan upheld as lawful under Equal Protection Clause.
Constitutional Law Jun. 23, 2016
Birchfield v. North Dakota
Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving, but not warrantless blood tests.
Criminal Law and Procedure Jun. 23, 2016
Mathis v. U.S.
Mismatch of elements between Iowa burglary statute and generic federal offense saves felon from Armed Career Criminal Act's 15-year mandatory minimum sentence.
Criminal Law and Procedure Jun. 23, 2016
Dollar General Corp. v. Mississippi Band of Choctaw Indians
Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members?
Jun. 23, 2016
United States v. Texas
Order
Jun. 23, 2016
U.S. v. Grovo
Convictions affirmed where defendants contentions challenging convictions for participating in child exploitation enterprise and conspiracy to advertise child pornography unavailing.
Criminal Law and Procedure Jun. 23, 2016
MK Hillside Partners v. Commissioner of Internal Revenue
Tax Court has jurisdiction to reject partner's assertion of the statute of limitations involving petition challenging IRS's finding partnership a 'sham.'
Taxation Jun. 23, 2016
Ramos v. Brenntag Specialties Inc.
Trial court errs in sustaining demurrer based on 'Maxton v. Western States Metals' interpretation of the component parts doctrine.
Civil Procedure Jun. 23, 2016
People v. Sanchez
In automatic appeal, murderer cannot escape death verdict despite reversal of one of 26 robbery convictions given commitment of numerous other crimes, including two murders.
Criminal Law and Procedure Jun. 23, 2016
Hernandez v. Muller (Restoration Hardware)
Must an unnamed class member intervene in the litigation in order to have standing to appeal? (See Eggert v. Pac. States S. & L. Co. (1942) 20 Cal.2d 199.)
Jun. 23, 2016
Cushfield Maintenance West v. Superior Court (Hall)
(1) Is the plaintiff in a representative action under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, Section 2698 et seq.) entitled to discovery of the names and contact information of other "aggrieved employees" at the beginning of the proceeding or is the plaintiff first required to show good cause in order to have access to such information?
Jun. 23, 2016