| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B266497
|
People v. McCaw
'Strike' enhancement based on New York conviction for third degree robbery overturned in light of 'Descamps' where trial court erroneously relied on plea colloquy. |
Criminal Law and Procedure |
|
Jul. 14, 2016 | |
|
H041050
|
People v. Cordova
Proposition 47's narrowed definition of dangerousness applies to determinations of dangerousness under Three Strikes Reform Act. |
Criminal Law and Procedure |
|
Jul. 14, 2016 | |
|
A146610
|
Anne H. v. Michael B.
Judge's statement in permanent custody order specifying family members' relocation would constitute changed circumstances requiring reconsideration of custody arrangement not binding on subsequent judge. |
Family Law |
|
Jul. 14, 2016 | |
|
15-35434
|
In re Grand Jury Subpoena
Grand jury subpoena failing to differentiate between private and public emails is overly broad, violative of Fourth Amendment privacy rights. |
Evidence |
|
Jul. 14, 2016 | |
|
14-15857
|
In re Smith
Debtor's belated tax filing not 'honest and reasonable' attempt to comply with tax code, and thus not a return whose tax liability is dischargeable in bankruptcy. |
Bankruptcy |
|
Jul. 14, 2016 | |
|
13-71778
|
Lkhagvasuren v. Lynch
Mongolian citizen properly denied asylum where he failed to demonstrate that purported persecutors were motivated by his whistleblowing activities or any government involvement. |
Immigration |
|
Jul. 14, 2016 | |
|
D067247
|
Morales v. 22nd District Agricultural Association
Order sustaining demurrer to Labor Code Section 510 claim alleging failure to pay overtime reversed where employees should be permitted to allege employer is 'joint employer.' |
Labor Law |
|
Jul. 14, 2016 | |
|
E062479
|
Joshua Tree Downtown Business Alliance v. County of San Bernardino (Dynamic Development LLC)
San Bernardino County's approval of Joshua Tree Dollar General Store improperly set aside where project opponents failed to establish any CEQA violation. |
Environmental Law |
|
Jul. 14, 2016 | |
|
E062401
|
People v. Hamernik
Appeals court cannot review motion to amend information as trial court found it moot, improperly substituting lesser-included offense. |
Criminal Law and Procedure |
|
Jul. 13, 2016 | |
|
E064355
|
People v. Mutter
Denial of Proposition 47 petition seeking resentencing reversed where counterfeit currency is a 'bank bill' for purposes of misdemeanor portion of forgery statute. |
Criminal Law and Procedure |
|
Jul. 13, 2016 | |
|
C075731
|
People v. Vang
Murderer not guilty of arson of inhabited structure when lone occupant was already dead when defendant and his cousin set fire to house. |
Criminal Law and Procedure |
|
Jul. 13, 2016 | |
|
B266015
|
Pirouzian v. Superior Court (Medical Board of California)
Medical board commanded to set aside order revoking license of physician who misrepresented his employment status while collecting disability benefits because punishment is excessive. |
Administrative Agencies |
|
Jul. 13, 2016 | |
|
B245131
|
Center for Biological Diversity v. Dept. of Fish and Wildlife
Historical practice, legislative guidance, and practicality suggests that trial court should supervise any writs of mandate issued regarding CEQA compliance in 'Newhall' matter. |
Environmental Law |
|
Jul. 13, 2016 | |
|
14-55580
|
California Sea Urchin Commission v. Bean
Commercial fishing groups may maintain action against U.S. Fish and Wildlife Service challenging the agency's 2012 action terminating the sea otter translocation program. |
Environmental Law |
|
Jul. 13, 2016 | |
|
14-15388
|
Equity Income Partners LP v. Chicago Title Insurance Company
Order |
Insurance |
|
Jul. 13, 2016 | |
|
13-17102
|
Facebook v. Power Ventures
Gathering of information from Facebook accounts violates Computer Fraud and Abuse Act due to Facebook's clear revocation of authorization via cease and desist letter. |
Administrative Agencies |
|
Jul. 13, 2016 | |
|
12-73853
|
Bonilla v. Lynch
Exercise of jurisdiction over petition for review of motion to reopen 'sua sponte' deportation order results in remand after Board of Immigration Appeals commits legal error. |
Immigration |
|
Jul. 13, 2016 | |
|
B261916
|
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. 13, 2016 | |
|
B270775
|
Alexandria P., a Minor
De facto parents opposing Indian child's placement with extended family fails to meet burden of showing good cause to warrant departure from ICWA's adoptive placement preferences. |
Native American Affairs |
|
Jul. 12, 2016 | |
|
B267719
|
Franceschi v. Franchise Tax Board et al
Second complaint filed in superior court for same cause of action previously filed in federal court appropriately barred by doctrine of res judicata. |
Civil Procedure |
|
Jul. 12, 2016 | |
|
15-1279
|
Ulrich v. Walker (In re Boates)
Order |
|
Jul. 12, 2016 | ||
|
13-56684
|
ESG Capital Partners LP v. Stratos
Group of investors defrauded by con artist win reversal of fraud and other claims. |
Securities |
|
Jul. 12, 2016 | |
|
S097886
|
People v. Zaragoza
High court overturns defendant's death penalty judgment on account of trial court's error in the death-qualification of the jury. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
|
S224929
|
People v. Espinoza
Court appropriately proceeds with non-capital felony trial despite absence of defendant as voluntary absence is waiver of right to be present. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
|
A139710
|
Perez v. Torres-Hernandez
Family court erroneously denies mother's request to permanently renew domestic violence restraining order citing lack of actual abuse since issuance of original restraining order. |
Family Law |
|
Jul. 12, 2016 | |
|
C075191
|
People v. Ranlet
Child molestation convictions affirmed where court does not abuse discretion in admitting evidence of defendant's statements made in private chat room in order to show intent. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
|
D069050
|
People v. Fusting
Entering business with intent to commit theft by false pretenses qualifies as shoplifting under new Penal Code Section 459.5. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
|
E063900
|
People v. Jefferson
Denial of Proposition 47 petition for recall and resentencing of commercial burglary felony conviction to misdemeanor shoplifting proper where ample evidence supports dangerousness finding. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
|
E063745
|
People v. Jones
Proposition 47 petition for retroactive striking of enhancement properly denied, but remand warranted where commercial burglary conviction otherwise qualified for reclassification as misdemeanor shoplifting. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
|
E062858
|
People v. Smith
Check exchange business constitutes 'commercial establishment' for purposes of shoplifting statute, Penal Code Section 459.5, added under Proposition 47. |
Criminal Law and Procedure |
|
Jul. 11, 2016 |