| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S234590
|
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 | ||
|
S234515
|
People v. Lauer
Order |
|
Jun. 23, 2016 | ||
|
H041157
|
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 | |
|
H041918
|
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 | |
|
16-70568
|
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 | |
|
B265641
|
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 | |
|
B262504
|
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 | |
|
B269038
|
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 | |
|
14-981
|
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 | |
|
14-1468
|
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 | |
|
15-6092
|
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 | |
|
13-1496
|
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 | ||
|
15-674
|
United States v. Texas
Order |
|
Jun. 23, 2016 | ||
|
15-30016
|
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 | |
|
14-71504
|
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 | |
|
S218176
|
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 | |
|
S045423
|
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 | |
|
S233983
|
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 | ||
|
S234604
|
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 | ||
|
S234518
|
People v. Magana
(1) In light of an amendment to Health and Safety Code Section 11379 defining "transports" as transportation for sale (Stats. 2013, ch. 504, Section 2), was defendant's sentence improperly enhanced with a prior conviction for transporting a controlled substance? (2) Could defendant use a petition for recall of sentence under Penal Code Section 1170.18 to request the trial court to reduce his prior felony conviction for transportation of a controlled substance to a misdemeanor in light of the amendment to Health and Safety Code Section 11379? |
|
Jun. 23, 2016 | ||
|
D068309
|
People v. Tate
Waiver of section 4019 good-time credits applies only to previously earned credits, not future credits. |
Criminal Law and Procedure |
|
Jun. 22, 2016 | |
|
B249467
|
People v. Aleman
Cronies fail to escape murder conviction in killing of 'big shot' they have had 'beef' with in light of compelling evidence against them. |
Criminal Law and Procedure |
|
Jun. 22, 2016 | |
|
D068731
|
Palm Springs Villas II Homeowners Association Inc. v. Parth
Lower court errs in granting summary judgment as issues of triable fact remain, determining appropriateness of business judgment rule protection. |
Civil Procedure |
|
Jun. 22, 2016 | |
|
B257480
|
Choi v. Mario Badescu Skin Care Inc.
Objectors fail to demonstrate that notice of settlement was rendered constitutionally infirm merely because publication was made once rather than four times. |
Consumer Law |
|
Jun. 22, 2016 | |
|
B263411
|
People v. Puerto
Defendant's 2013 assault conviction counts as 'strike' where offense could not be violated in a way that did not constitute a serious felony. |
Criminal Law and Procedure |
|
Jun. 22, 2016 | |
|
H042316
|
People v. Willover
Court does not abuse its discretion in denying juvenile homicide offender's petition for recall and resentencing of life without parole sentence. |
Criminal Law and Procedure |
|
Jun. 22, 2016 | |
|
14-56464
|
Baquerizo v. Garden Grove Unified School District
Administrative law judge and district court properly denied reimbursement to guardian and his student in action under the Individual with Disabilities Education Act. |
Education |
|
Jun. 22, 2016 | |
|
13-30066
|
U.S. v. Cisneros
Criminal's 15-year mandatory sentence imposed under Armed Career Criminal Act based on six prior Oregon convictions vacated on remand following U.S. Supreme Court's 'Johnson' decision. |
Criminal Law and Procedure |
|
Jun. 22, 2016 | |
|
H041850
|
Weisner v. Santa Cruz County Civil Service Commission (County of Santa Cruz)
County employee may maintain writ petition seeking back pay resulting from 2008 dismissal, which had been overturned, despite his 'resignation' from reinstated position. |
Employment Law |
|
Jun. 22, 2016 | |
|
D067120
|
Moore v. The Regents of the University of California
Former Marketing Director for University of California may maintain her discrimination and retaliation action against the Regents concerning her firing following diagnosis of heart condition. |
Employment Law |
|
Jun. 21, 2016 |