| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B269998
|
People v. Khamvongsa
Completion of sentence for felony conviction that had been reclassified as misdemeanor does not disqualify petitioner for relief under Penal Code Section 1203.4a. |
Criminal Law and Procedure |
|
Feb. 27, 2017 | |
|
B267935
|
People v. Lopez
Defendant's challenge to carjacking conviction unavailing, where there is sufficient evidence that vehicle was taken 'by means of force.' |
Criminal Law and Procedure |
|
Feb. 27, 2017 | |
|
D070000
|
Finch Aerospace Corp. v. City of San Diego
City not immune from slander of title suit, but demurrer nevertheless properly sustained as plaintiff failed to state claim for slander of title. |
Immunity |
|
Feb. 27, 2017 | |
|
S238797
|
People v. Learnard
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? |
|
Feb. 24, 2017 | ||
|
H039293
|
Vieira Enterprises Inc. v. McCoy
Termination of neighbor's recorded right of way in private road unsuccessful, where plaintiff's occupation is not sufficiently hostile to establish quiet title via adverse possession. |
Real Property |
|
Feb. 24, 2017 | |
|
H040688
|
Doe v. United States Youth Soccer Association Inc.
Youth's negligence claim against soccer associations stemming from sexual abuse by her former soccer coach improperly dismissed where special relationship existed to establish 'duty.' |
Torts |
|
Feb. 24, 2017 | |
|
E063585
|
Lynn v. Tatitlek Support Services Inc.
Contractor not liable under 'coming and going' rule for fatal accident caused by employee on commute home where employee had option to take bus service. |
Torts |
|
Feb. 24, 2017 | |
|
S239488
|
People v. Bullard
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, section 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Feb. 24, 2017 | ||
|
S239373
|
People v. Dixon
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? |
|
Feb. 24, 2017 | ||
|
S239635
|
People v. Evans
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? |
|
Feb. 24, 2017 | ||
|
S238851
|
People v. Fernandez
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? |
|
Feb. 24, 2017 | ||
|
S238765
|
People v. Johnson
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? |
|
Feb. 24, 2017 | ||
|
S238962
|
People v. Lewis
Did Montgomery v. Louisiana clarify that Miller v. Alabama created a presumption against a sentence of life imprisonment without possibility of parole for juvenile offenders and requires trial courts to determine that a juvenile offender is one of "those rare children whose crimes reflect irreparable corruption" before imposing such a sentence? Or is it sufficient, for purposes of compliance with Montgomery and Miller, that a trial court take into consideration the offender's youth and attendant circumstances in exercising its sentencing discretion under Penal Code section 190.5(b)? |
|
Feb. 24, 2017 | ||
|
S238983
|
People v. Rodriguez
Did the trial court improperly rely on the facts of counts dismissed under a plea agreement to find defendant ineligible for resentencing under the provisions of Proposition 36? |
|
Feb. 24, 2017 | ||
|
S238944
|
People v. Watson
Did the trial court improperly rely on the facts of counts dismissed under a plea agreement to find defendant ineligible for resentencing under the provisions of Proposition 36? |
|
Feb. 24, 2017 | ||
|
S239197
|
People v. Westerfield
What is the standard of proof for a finding of ineligibility for resentencing under Proposition 36? (See People v. Arevalo (2016) 244 Cal.App.4th 836; cf. People v. Osuna (2014) 225 Cal.App.4th 1020.) |
|
Feb. 24, 2017 | ||
|
S238886
|
People v. Gallardo
Order |
|
Feb. 24, 2017 | ||
|
S238752
|
People v. Lemon
Order |
|
Feb. 24, 2017 | ||
|
A138474
|
People v. Lena
Court does not abuse its discretion in striking defendant's entire testimony when defendant refuses to answer any questions on cross-examination. |
Criminal Law and Procedure |
|
Feb. 24, 2017 | |
|
B258587
|
People v. Cowan
Prosecutor's grossly inaccurate explanation of reasonable doubt requires reversal of defendant's convictions and sentence. |
Criminal Law and Procedure |
|
Feb. 24, 2017 | |
|
S233096
|
Perry v. Bakewell Hawthorne LLC
Exclusion of expert opinion under Code of Civil Procedure Section 2034.300 due to unreasonable noncompliance to expert witness disclosure rule applies to motions for summary judgment. |
Civil Procedure |
|
Feb. 24, 2017 | |
|
14-17341
|
Zetwick v. County of Yolo
Employee wins reversal of summary judgment in employers' favor, where genuine issues of material fact remain regarding claim of sexually hostile work environment. |
Employment Discrimination |
|
Feb. 24, 2017 | |
|
14-16910
|
Brandon v. Maricopa County
Attorney's comments made to newspaper regarding her client are not protected by First Amendment, as negative remark violated fiduciary duty owed to client |
Civil Rights |
|
Feb. 24, 2017 | |
|
G052512
|
People v. Nicolas
Speeding, texting driver that killed motorist obtains reversal of gross vehicular manslaughter conviction due to instructional error that lowered prosecution's burden of proof. |
Criminal Law and Procedure |
|
Feb. 24, 2017 | |
|
B270853
|
Marcus C., a Minor
Juvenile court should have allowed agency and child's counsel leave to amend petition to conform to proof presented at jurisdiction, disposition hearing. |
Dependency |
|
Feb. 23, 2017 | |
|
B261461
|
Golden Day Schools Inc. v. Office of Administrative Hearings (California Dept. of Education)
Annual property rent increases constitute 'transactions' under contract referencing Corporations Code Section 5233 establishing conflict of interest guidelines for use of government funds. |
Contracts |
|
Feb. 23, 2017 | |
|
15-8049
|
Buck v. Davis
Defense attorney's introduction of evidence that race is factor to be considered in determining propensity for violence violates defendant's right to effective assistance of counsel. |
Criminal Law and Procedure |
|
Feb. 23, 2017 | |
|
14-1538
|
Life Technologies Corp. v. Promega Corp.
Single component produced in U.S. for product assembled abroad not 'substantial portion' of product under test creating liability for patent infringement. |
Patent Law |
|
Feb. 23, 2017 | |
|
15-497
|
Fry v. Napoleon Community Schools
U.S. Supreme Court clarifies scope of IDEA's exhaustion requirement: exhaustion unnecessary when gravamen of suit is something other than denial of Act's core guarantee. |
Education |
|
Feb. 23, 2017 | |
|
16-578
|
Bishop v. Wells Fargo
Order |
|
Feb. 22, 2017 |
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