| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E063687
|
People v. Abarca
Banks are considered commercial establishments for purposes of newly enacted misdemeanor shoplifting statute under Penal Code Section 459.5. |
Criminal Law and Procedure |
|
Aug. 16, 2016 | |
|
H041563
|
Friends of the Willow Glen Trestle v. City of San Jose
In case challenging city's determination that wooden railroad bridge is not 'historical resource,' application of incorrect standard of judicial review results in reversal and remand. |
Environmental Law |
|
Aug. 16, 2016 | |
|
A135335
|
California Building Industry Association v. Bay Area Air Quality Management District
Receptor thresholds adopted by Bay Area air quality public agency not permissible as 'matter of course' in evaluating proposed receptor projects. |
Environmental Law |
|
Aug. 16, 2016 | |
|
15-30023
|
U.S. v. Romero
Speedy Trial Act ruling affirmed where trial court properly excludes all time during which defendant was incompetent to stand trial. |
Criminal Law and Procedure |
|
Aug. 16, 2016 | |
|
13-56620
|
NCU Admin. Bd. v. Nomura Home Equity Loan
Extender Statute (part of Financial Institutions Reform Act) supplants other preexisting time limitations in action by federal agency against mortgage security fraudsters. |
Statutory Interpretation |
|
Aug. 16, 2016 | |
|
13-17545
|
Democratic Party of Hawaii v. Nago
Party challenging open primary system as unduly burdensome of its First Amendment freedom to associate must provide evidence so demonstrating. |
Constitutional Law |
|
Aug. 16, 2016 | |
|
12-56829
|
Castro v. City of Los Angeles
Objective standard for use of excessive force in 'Kingsley' applies to failure to act in protection of arrestee. |
Criminal Law and Procedure |
|
Aug. 16, 2016 | |
|
05-99009
|
Washington v. Ryan
In rare case, district court's order denying relief to death row inmate who files notice of appeal one day late reversed, resulting in restoration of appeal rights. |
Criminal Law and Procedure |
|
Aug. 16, 2016 | |
|
S048763
|
People v. Nelson
Extensive questionnaire and verbal interrogation of jurors after deadlock constitutes improper intrusion of court influence in death penalty deliberations. |
Criminal Law and Procedure |
|
Aug. 16, 2016 | |
|
S213468
|
City of Perris v. Stamper
In condemnation case, application of 'Porterville' doctrine rather than 'project effect rule' results in reversal and remand. |
Real Property |
|
Aug. 16, 2016 | |
|
B268231
|
Truck Insurance Exchange v. Workers’ Compensation Appeals Board
Decision precluding insurance company's defense of laches due to seven year delay in bringing claim affirmed where employer's knowledge of injury is imputed to insurer. |
Workers' Compensation |
|
Aug. 15, 2016 | |
|
B264040
|
Ellis v. Lyons
Denial of mother's request to modify child custody arrangement is 'infected by legal error' where family court failed to apply rebuttable presumption concerning domestic violence. |
Family Law |
|
Aug. 15, 2016 | |
|
F071257
|
Stanislaus County Deputy Sheriffs’ Association v. County of Stanislaus
County's practice does not comport with statute categorically exempting all peace officers, including certain custodial deputies, from prohibition against carrying concealed weapon. |
Statutory Interpretation |
|
Aug. 15, 2016 | |
|
A145642
|
Coles v. Glaser
Co-obligors liable to creditor for breach of settlement agreement after creditor forced to surrender most of proceeds to bankruptcy trustee as a preferential payment. |
Contracts |
|
Aug. 15, 2016 | |
|
D069255
|
Walters v. Boosinger
Action to quiet title premised on theory of fraud may not be brought 'at any time,' but is subject to three-year limitations period applicable to fraud claims. |
Real Property |
|
Aug. 15, 2016 | |
|
15-15233
|
Bourne Valley Court Trust v. Wells Fargo Bank, N.A.
Before its amendment, Nevada Revised Statutes section 116.3116's 'opt-in' notice provision facially violated mortgage lenders' constitutional due process rights. |
Constitutional Law |
|
Aug. 15, 2016 | |
|
D068579
|
Christ v. Schwartz
Admission of evidence of husband's infidelity does not warrant reversal where entire personal injury case rested upon wife's credibility, which jury rejected. |
Evidence |
|
Aug. 15, 2016 | |
|
15-50141
|
United States v. Herrera-Rivera
District court's failure to make finding on material matter and willful intent of alleged perjury bars sentence enhancement for obstruction of justice in drug mule case. |
Criminal Law and Procedure |
|
Aug. 15, 2016 | |
|
14-72794
|
Pesticide Action Network North America v. United States EPA
Order |
Administrative Agencies |
|
Aug. 15, 2016 | |
|
13-56647
|
Washington v. L.A. Cty. Sheriff's Dep't
Partial 'Heck' dismissals, 'Younger' abstentions not 'strikes' under Prison Litigation Reform Act. |
Prisoners Rights |
|
Aug. 15, 2016 | |
|
13-56104
|
El-Shaddai v. Wang
Failure to pay filing fee after denial of IFP status in previous cases does not count as 'strike' under the Prisoner Litigation Reform Act. |
Prisoners Rights |
|
Aug. 15, 2016 | |
|
S235563
|
People v. Littrell
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? |
|
Aug. 12, 2016 | ||
|
A145411
|
Ana C., a Minor
Lack of express scienter requirement on probation conditions imposed on joyriding minor does not automatically render certain conditions void for vagueness. |
Juveniles |
|
Aug. 12, 2016 | |
|
S235565
|
In re A.C.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? |
|
Aug. 12, 2016 | ||
|
S235166
|
People v. Linneman
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. 12, 2016 | ||
|
S235603
|
People v. Orozco
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. 12, 2016 | ||
|
S235713
|
People v. Ramos
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. 12, 2016 | ||
|
S235529
|
People v. Walker
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. 12, 2016 | ||
|
S235670
|
People v. Grigsby
Order |
|
Aug. 12, 2016 | ||
|
S234999
|
Ramos v. S.C. (People)
Opinion |
|
Aug. 12, 2016 |