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Name Category Published
People v. Newman
Defendant ineligible for resentencing under Prop. 36 where record of conviction showed he intended to cause great bodily injury, a disqualifying factor. 		Criminal Law and Procedure Aug. 21, 2016
East Bay Regional Park District v. Griffin
Dismissal of appeal over trustee's distribution of trust assets pursuant to valid orders of the probate court required where no relief is available to appellant. 		Probate and Trusts Aug. 21, 2016
California American Water Co. v. Marina Coast Water District
Monterey County Water Resources Agency's attempt to judicially void agreement due to financial conflict of interest not limited by 60-day statute of limitations due to public agency status. 		Contracts Aug. 21, 2016
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. 		Native American Affairs Aug. 21, 2016
Bibiano v. Lynch
In removal case, 8 U.S.C. Section 1252(b)(2)'s venue provision is jurisdictional; thus Ninth Circuit not stripped of subject matter jurisdiction even though venue not proper. 		Immigration Aug. 21, 2016
People v. Garner
'Larceny' as used under newly-added Prop. 47 'shoplifting' statute, includes 'theft by false pretenses,' making petitioner's felony burglary conviction reducible to misdemeanor shoplifting. 		Criminal Law and Procedure Aug. 21, 2016
People v. Wagner
Reversal and remand result where trial court incorrectly concludes it lacks jurisdiction under Penal Code section 1473.6 to hear claims related to improper revocation of parole. 		Criminal Law and Procedure Aug. 21, 2016
People v. Shirley
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)? 		Aug. 19, 2016
People v. Simon
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. 19, 2016
People v. Yarberry
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. 19, 2016
People v. Raygoza
Offender's home detention complied with county's electronic monitoring program and met Penal Code Section 1203.018's standards, making him eligible for custody credits. 		Criminal Law and Procedure Aug. 18, 2016
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
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