| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B263933
|
Heidi S. v. David H.
Family court's limited visitation modification of juvenile court's exit order appropriate despite finding of 'significant change of circumstances' as to child's best interest. |
Family Law |
|
Aug. 1, 2016 | |
|
15-10260
|
U.S. v. Prigge
Defendant's decision not to testify at trial bars his claim on appeal challenging court's pre-trial decision not to preclude, in advance, impeachment with prior conviction. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
14-50549
|
U.S. v. Lustig
Defendant may withdraw conditional guilty plea to child sex trafficking charges in light of concededly erroneous suppression motion ruling regarding warrantless searches of car cellphones. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
C074796
|
Nam v. Regents of the University of California
Anti-SLAPP motion does not apply to harassment, discrimination suit as underlying claim is not about institution's protected activity, i.e., filing written complaints about plaintiff. |
Anti-SLAPP |
|
Aug. 1, 2016 | |
|
A142560
|
Findleton v. Coyote Valley Band of Pomo Indians
Tribal Council's adoption of resolution constituted express and clear waiver of sovereign immunity allowing construction contractor to proceed with arbitration of dispute. |
Native American Affairs |
|
Aug. 1, 2016 | |
|
C077269
|
People v. Byrd
Failure to prove police officers were 'in a distinctive uniform' results in reversal of conviction for fleeing from pursuing police officer under Vehicle Code Section 2800.2. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
S234221
|
People v. Gallardo
Order |
|
Jul. 29, 2016 | ||
|
S235394
|
People v. Preciado
Does Prop. 47 apply to the offense of unlawful taking or driving a vehicle (Vehicle Code Section 10851), because it is a lesser included offense of Penal Code Section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code Sections 490.2 and 1170.18? |
|
Jul. 29, 2016 | ||
|
16A74
|
Merck & Cie v. Watson Laboratories Inc.
Order |
|
Jul. 29, 2016 | ||
|
B266437
|
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. 29, 2016 | |
|
B249841
|
Friends of the Hastain Trail v. Coldwater
Use of decades old fire road on private property as hiking trail does not constitute implied dedication of land for public use. |
Real Property |
|
Jul. 29, 2016 | |
|
A142012
|
People v. Putney
Trial courts may not commit criminal defendants under the Sexually Violent Predators Act years before their sentences of incarceration are set to end. |
Criminal Law and Procedure |
|
Jul. 29, 2016 | |
|
S235058
|
People v. Becerra
Whether the defendant's Sixth Amendment right to confrontation was violated by a gang expert's reliance on testimonial hearsay. |
|
Jul. 29, 2016 | ||
|
S235277
|
Berg (Jason A.) on H.C.
When a juvenile offender seeks relief from a life-without-parole sentence that has become final, does Penal Code Section 1170(d)(2), which permits most juvenile offenders to petition for recall of a life-without-parole sentence imposed pursuant to Section 190.5 after 15 years, provide an adequate remedy under Miller v. Alabama (2012) as recently construed in Montgomery v. Louisiana (2016)? |
|
Jul. 29, 2016 | ||
|
S234660
|
People v. Cardona
Was the jury properly instructed on the "kill zone" theory of attempted murder? |
|
Jul. 29, 2016 | ||
|
S234737
|
Crossroads Investors v. Federal National Mortgage Association
Order |
|
Jul. 29, 2016 | ||
|
S235309
|
People v. Moore
Are the conditions of probation mandated by Penal Code Section 1203.067(b), for persons convicted of specified felony sex offenses - including waiver of the privilege against self-incrimination, required participation in polygraph examinations, and waiver of the psychotherapist-patient privilege - constitutional? |
|
Jul. 29, 2016 | ||
|
S235391
|
People v. Moore
Order |
|
Jul. 29, 2016 | ||
|
S220812
|
Sandquist v. Lebo Automotive Inc.
California Supreme Court declares that the issue of 'who decides' whether arbitration agreement provides for class arbitration is one for arbitrator, not the court. |
Arbitration |
|
Jul. 29, 2016 | |
|
13-50235
|
United States v. Thomsen
Passport cards not included under statute prohibiting misuse or falsification of 'immigrant or nonimmigrant' documents. |
Statutory Interpretation |
|
Jul. 29, 2016 | |
|
12-56506
|
Munoz Santos v. Thomas
Evidence that statements were obtained by coercion may be treated as 'explanatory' evidence admissible in extradition hearing. |
Criminal Law and Procedure |
|
Jul. 29, 2016 | |
|
A145922
|
People v. Curry
Defendant cannot escape plain language of Proposition 47 and must file petition for recall of sentence with trial court that entered her judgment of conviction. |
Criminal Law and Procedure |
|
Jul. 29, 2016 | |
|
F069487
|
People v. Loya
Convictions reversed where exasperated judge's rejection of negotiated plea agreement without reason constituted abuse of discretion. |
Criminal Law and Procedure |
|
Jul. 28, 2016 | |
|
D068384
|
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Jul. 28, 2016 | |
|
15-35228
|
Pakootas v. Teck Cominco Metals Ltd.
Smelter not liable for CERCLA cleanup costs to remedy natural resources damages caused by 'aerial depositions' of hazardous substances near US-Canada border. |
Environmental Law |
|
Jul. 28, 2016 | |
|
14-55224
|
Smith v. Los Angeles Unified School District
Motion to intervene improperly denied as untimely and unnecessary in case involving integration of moderately-to-severely disabled children into LAUSD's general education classes. |
Civil Procedure |
|
Jul. 28, 2016 | |
|
14-16314
|
In the Matter of Heller Ehrman LLP
Order |
|
Jul. 28, 2016 | ||
|
14-15779
|
Wang v. Rodriguez
Conviction of trafficking in counterfeit goods does not necessarily involve deceit, barring citizenship applicant from naturalization process |
Immigration |
|
Jul. 28, 2016 | |
|
14-10170
|
U.S. v. Wanland
All of defendant's arguments challenging convictions for tax related offenses lack merit, resulting in affirmance. |
Criminal Law and Procedure |
|
Jul. 28, 2016 | |
|
B262455
|
People v. Debouver
Defendant's entry into secured subterranean garage where resident caught him breaking into vehicles red handed, supported finding of 'person-present' sentence enhancement. |
Criminal Law and Procedure |
|
Jul. 28, 2016 |