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Name Category Published
Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership
Summary judgment in employer's favor upheld where its rounding policy regarding employees' timekeeping comports with federal rounding regulation. 		Employment Law May 3, 2016
Osborne v. Todd Farm Service
Case properly dismissed due to plaintiff counsel's 'flagrant' and repeated violation of trial court's evidentiary orders. 		Attorneys May 3, 2016
Li v. Yan
In case brought by former client, attorney judgment debtor's contentions regarding service of subpoena and privilege as to tax returns rejected. 		Civil Procedure May 3, 2016
People v. Valdez
Prop. 47's 'unreasonable risk of danger to public safety' standard appropriate standard to apply to resentencing petitions under Prop. 36. 		Criminal Law and Procedure May 2, 2016
D. Cummins Corp. v. United States Fidelity and Guaranty Co.
Parent and controlling shareholder lacks standing to seek declaratory relief regarding insureds' duty to defend its corporation in asbestos-related lawsuits. 		Insurance May 2, 2016
California Public Records Research Inc. v. County of Stanislaus
County of Stanislaus must revise the allegedly excessive fees it charges for copies of official records in compliance with Government Code Section 27366. 		Government May 2, 2016
In re J.C.
Minor who successfully petitions under Proposition 47 to reduce felony shoplifting conviction to misdemeanor not also entitled to expungement of her DNA record. 		Criminal Law and Procedure May 2, 2016
Hussein v. Barrett
Erroneous application of immigration statutes and regulations concerning determination of good moral character warrants reversal of denial of citizenship application. 		Immigration May 2, 2016
Andrade-Garcia v. Lynch
Guatemalan citizen's petition for review of immigration judge's decision affirming negative fear determination in reinstated removal proceedings denied where conclusion supported by substantial evidence. 		Immigration May 2, 2016
Cummings v. Martel
Order 		May 2, 2016
Glennan v. Allergan Inc.
Lap-Band manufacturer escapes liability for patient's negligence claim alleging failure to adequately train physicians on Lap-Band implantation, on grounds of federal preemption. 		Torts May 2, 2016
People v. Gonzalez
Felony-murder convictions affirmed where, with the exception of claim regarding parole revocation fines, defendants' multiple other claims of error are unavailing. 		Criminal Law and Procedure May 2, 2016
Friends of Martin’s Beach v. Martin’s Beach 1 LLC
Organization seeking public access to beach via private road obtains partial success, winning reversal of summary adjudication in property owners' favor on its dedication claims. 		Real Property Apr. 29, 2016
Public Integrity Alliance Inc. v. City of Tucson
Order 		Apr. 29, 2016
Leider v. Lewis
(1) Does Civil Code section 3369 bar taxpayer actions brought under the authority of Code of Civil Procedure section 526a seeking to enjoin violations of Penal Code provisions concerning animal abuse? (2) Does the law of the case doctrine foreclose petitioners' reliance upon that legal argument in this appeal? 		Apr. 29, 2016
Perry v. Bakewell Hawthorne
Does Code of Civil Procedure section 2034.300, which requires a trial court to exclude the expert opinion of any witness offered by a party who has unreasonably failed to comply with the rules for exchange of expert witness information, apply to a motion for summary judgment? 		Apr. 29, 2016
Ryan v. Rosenfeld
Is the denial of a motion to vacate the judgment under Code of Civil Procedure section 663 separately appealable? 		Apr. 29, 2016
Sheppard, Mullin, Richter & Hampton v. J-M Manufacturing
1) May a court rely on non-legislative expressions of public policy to overturn an arbitration award on illegality grounds? (2) Can a sophisticated consumer of legal services, represented by counsel, give its informed consent to an advance waiver of conflicts of interest? (3) Does a conflict of interest that undisputedly caused no damage to the client and did not affect the value or quality of an attorney's work automatically (i) require the attorney to disgorge all previously paid fees, and (ii) preclude the attorney from recovering the reasonable value of the unpaid work? 		Apr. 29, 2016
People v. Brown
(1) Are the People entitled to withdraw from a plea agreement for conviction of a lesser offense and to reinstate any dismissed counts if the defendant files a petition for recall of sentence and reduction of the conviction to a misdemeanor under Proposition 47? (2) If the defendant seeks such relief, are the parties returned to the status quo with no limits on the sentence that can be imposed on the ground that the defendant has repudiated the plea agreement by doing so? 		Apr. 29, 2016
People v. Garcia
(1) Are the People entitled to withdraw from a plea agreement for conviction of a lesser offense and to reinstate any dismissed counts if the defendant files a petition for recall of sentence and reduction of the conviction to a misdemeanor under Proposition 47? (2) If the defendant seeks such relief, are the parties returned to the status quo with no limits on the sentence that can be imposed on the ground that the defendant has repudiated the plea agreement by doing so? 		Apr. 29, 2016
People v. Gonzalez
(1) Are the People entitled to withdraw from a plea agreement for conviction of a lesser offense and to reinstate any dismissed counts if the defendant files a petition for recall of sentence and reduction of the conviction to a misdemeanor under Proposition 47? (2) If the defendant seeks such relief, are the parties returned to the status quo with no limits on the sentence that can be imposed on the ground that the defendant has repudiated the plea agreement by doing so? 		Apr. 29, 2016
People v. Gratton
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? 		Apr. 29, 2016
People v. Hollimon
Was the trial court's decision that defendant's prior conviction constituted a strike incompatible with Descamps v. U.S. (2013) 570 U.S. __ (133 S.Ct. 2276) because the trial court relied on judicial fact-finding beyond the elements of the actual prior conviction? 		Apr. 29, 2016
People v. Moore
(1) Are probation conditions prohibiting defendant from: (a) "owning, possessing or having in his custody or control any handgun, rifle, shotgun or any firearm whatsoever or any weapon that can be concealed on his person"; and (b) "using or possessing or having in his custody or control any illegal drugs, narcotics, narcotics paraphernalia without a prescription," unconstitutionally vague? (2) Is an explicit knowledge requirement constitutionally mandated? 		Apr. 29, 2016
People v. Perry
(1) Are the People entitled to withdraw from a plea agreement for conviction of a lesser offense and to reinstate any dismissed counts if the defendant files a petition for recall of sentence and reduction of the conviction to a misdemeanor under Proposition 47? (2) If the defendant seeks such relief, are the parties returned to the status quo with no limits on the sentence that can be imposed on the ground that the defendant has repudiated the plea agreement by doing so? 		Apr. 29, 2016
People v. Salvador
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004) 541 U.S. 36)? 		Apr. 29, 2016
People v. Snell
(1) Did defendant's sentence of 50 years to life for a homicide committed when he was a juvenile violate the Eighth Amendment? (2) Was the first issue rendered moot by the enactment of Penal Code section 3051? 		Apr. 29, 2016
People v. Triplett
The court ordered briefing deferred pending decision in People v. Gonzales, S231171, which concerns the definition of the new offense of misdemeanor shoplifting (Pen. Code, § 459.5) and the application of Proposition 47 to second degree burglary generally, and People v. Valenzuela, S232900 (#16-97), which concerns the viability of a previously-imposed 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. 		Apr. 29, 2016
People v. Vizcarra
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004))? 		Apr. 29, 2016
People v. Wright
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e(d)? 		Apr. 29, 2016
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