| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C074480
|
People v. Garlinger
'Kelly' standard for admission of new scientific techniques does not apply to cell phone records that triangulated robber's location on night of robbery. |
Criminal Law and Procedure |
|
Jun. 2, 2016 | |
|
C076872
|
Bertsch v. Mammoth Community Water District
Summary judgment properly granted in defendant's favor where wrongful death suit barred by doctrine of primary assumption of risk. |
Torts |
|
Jun. 2, 2016 | |
|
B261860
|
Rice v. Downs
Trial court errs in compelling parties to arbitrate certain tort claims that did not arise from the parties' operation agreement. |
Torts |
|
Jun. 2, 2016 | |
|
S218861
|
People v. Castillolopez
Conviction properly reversed where Swiss Army Knife with collapsible blade does not qualify as 'dirk or dagger' because blade does not lock into position. |
Criminal Law and Procedure |
|
Jun. 2, 2016 | |
|
14-56421
|
Flores v. City of San Gabriel
City of San Gabriel's cash-in-lieu of benefits payments to police officers may not be excluded in calculation of officers' regular rate of pay under FLSA. |
Employment Law |
|
Jun. 2, 2016 | |
|
13-57104
|
VMG Salsoul LLC v. Ciccone
Summary judgment properly granted in pop star Madonna's favor, where alleged copyright infringement in 'Vogue' song is de minimis. |
Copyright |
|
Jun. 2, 2016 | |
|
13-30253
|
U.S. v. Spears
Drug offender may not benefit from recent amendment to sentencing guideline that increased triggering threshold for certain crack cocaine offenses. |
Criminal Law and Procedure |
|
Jun. 2, 2016 | |
|
H040914
|
People v. Garcia
Convictions for forcible lewd acts on child upheld where prosecution need not establish when offenses actually occurred since information only refers to "on or about" dates. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
H040268
|
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations. |
Administrative Agencies |
|
Jun. 1, 2016 | |
|
B263849
|
People v. Acosta
Defendant unsuccessful in challenging imposition of prior prison term enhancements on aggregate sentence where enhancements do not attach to a particular count or case. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
B264493
|
Rand Resources LLC v. City of Carson
Businessman's action against City of Carson related to NFL negotiations, improperly disposed of in anti-SLAPP motion. |
Government |
|
Jun. 1, 2016 | |
|
B260892
|
People v. Zendejas
Where multiple defendants are charged with common crimes based on common events, court did not err in trying defendant jointly, notwithstanding defendant's claim it caused her torment. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
B261971
|
Aghaji v. Bank of America N.A.
Plaintiff homeowners bringing mass actions unsuccessful in challenging denial of leave to amend where they fail to show proposed additional facts sufficient to state unfair competition claim. |
Torts |
|
Jun. 1, 2016 | |
|
H042604
|
People v. Santa Ana
Following credit for period of custody against probationary jail term from earlier case, court properly did not also credit that period against consecutive jail term in instant case. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
D068432
|
Center for Local Government Accountability v. City of San Diego
Center for Local Government Accountability may maintain its Brown Act claim against City of San Diego concerning nonagenda public comment period practices. |
Government |
|
Jun. 1, 2016 | |
|
B269150
|
Gray v. Superior Court (People)
Trial court's denial of fee request by defendant in criminal infraction case is not appealable because such order does not affect substantial rights. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
13-17441
|
Nalder v. United Automobile Insurance Company
Order |
|
Jun. 1, 2016 | ||
|
13-16639
|
Arizona Students’ Association v. Arizona Board of Regents
Student organization should have been granted leave to amend complaint where they adequately alleged violation of First Amendment right to core political speech. |
Civil Rights |
|
Jun. 1, 2016 | |
|
C076318
|
People v. Potts
Defendant, who was under home detention program, commits felony escape when he willfully took a detour from work prior to end of workday. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
B266850
|
People v. Zamarripa
Individual seeking reclassification of felony under Prop. 47 may be disqualified by certain 'prior' convictions, whether or not those priors occurred before or after the offense for which the individual seeks reclassification. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
S233295
|
People v. Gutierrez
In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? |
|
May 31, 2016 | ||
|
S233569
|
People v. Herrera
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? |
|
May 31, 2016 | ||
|
S233932
|
In Re A.S.
Did the trial court err imposing an "electronics search condition" on minor as a condition of his probation when it had no relationship to the crimes juvenile committed but was justified on appeal as reasonably related to future criminality under People v. Olguin because it would facilitate his supervision? |
|
May 31, 2016 | ||
|
S233865
|
People v. Louder
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 31, 2016 | ||
|
S233255
|
People v. Morales
In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? |
|
May 31, 2016 | ||
|
S233937
|
People v. Myers
Does the definition of "unreasonable risk of danger to public safety" (Penal Code Section 1170.18(c)) under Prop. 47 apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012? |
|
May 31, 2016 | ||
|
S233904
|
People v. SantaMaria
Does Prop. 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less, apply to theft of access card information in violation of Penal Code section 484e(d)? |
|
May 31, 2016 | ||
|
S233478
|
People v. Stewart
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 (Section 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? |
|
May 31, 2016 | ||
|
S233933
|
People v. Strickland
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a drug offense even though the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Prop. 47? |
|
May 31, 2016 | ||
|
S233402
|
People v. Valencia
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 (Section 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? |
|
May 31, 2016 |