| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S238102
|
People v. Ashley
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? |
|
Dec. 15, 2016 | ||
|
S237808
|
People v. Aune
Did the Court of Appeal err in upholding the trial court's denial of defendants' Batson/Wheeler motions? |
|
Dec. 15, 2016 | ||
|
G051696
|
People v. Dekraai
Recusal of entire prosecutorial office upheld where office's conflict of interest with sheriff's department prevents it from fairly prosecuting defendant's penalty phase. |
Criminal Law and Procedure |
|
Dec. 15, 2016 | |
|
G051068
|
People v. Byers
Error in excluding evidence regarding whether officers complied with knock-and-announce rule is harmless since violation of rule does not warrant suppression of evidence. |
Criminal Law and Procedure |
|
Dec. 15, 2016 | |
|
A146287
|
In re E.G.
Sentence reduction available to juveniles on probation convicted of felony wobblers despite fact that enabling statute uses language inconsistent with juvenile law. |
Juveniles |
|
Dec. 15, 2016 | |
|
15-1503
|
Turner v. U.S.
Order |
|
Dec. 15, 2016 | ||
|
15-1504
|
Overton v. U.S.
Order |
|
Dec. 15, 2016 | ||
|
16-327
|
Lee v. U.S.
Order |
|
Dec. 15, 2016 | ||
|
16-341
|
TC Heartland LLC v. Kraft Food Brands Group LLC
Order |
|
Dec. 15, 2016 | ||
|
S237379
|
People v. Rodas
Did the trial court violate defendant's right to due process by failing to suspend proceedings after his attorney declared a doubt as to his competence? |
|
Dec. 15, 2016 | ||
|
E064243
|
People v. Evans
Offender obtains relief under 'In re Estrada' involving sentencing enhancement based on felony drug conviction that had been reclassified a misdemeanor under Prop. 47. |
Criminal Law and Procedure |
|
Dec. 15, 2016 | |
|
S222211
|
Raceway Ford Cases
Automobile dealership's practice of backdating finance contracts with customers does not violate Automobile Sales Finance Act. |
Consumer Law |
|
Dec. 15, 2016 | |
|
S212800
|
Orange Citizens for Parks and Recreation v. S.C. (Milan Rei IV)
Listing of property as 'open space' in city's general plan invalidates 1973 decision to designate property as 'low density,' as clerical error resulted in failure to ever update city records of change. |
Government |
|
Dec. 15, 2016 | |
|
B270796
|
Veera v. Banana Republic LLC
Plaintiffs may proceed with class action filed against Banana Republic for allegedly luring customers into the store by deceptively advertising 40 percent discount. |
Consumer Law |
|
Dec. 15, 2016 | |
|
F070832
|
Gonzales v. City of Atwater
In wrongful death suit alleging dangerous condition of intersection, city successfully reverses judgment against it based on design immunity defense. |
Immunity |
|
Dec. 15, 2016 | |
|
C071882
|
Mendoza v. JPMorgan Chase Bank N.A.
Borrower does not have standing to challenge alleged irregularities in securitization of her loan because her allegations suggest assignment was voidable rather than void. |
Banking |
|
Dec. 14, 2016 | |
|
D069313
|
Beach Break Equities v. Lowell
Failure to file affirmative action requesting relief after judgment resulting in eviction is reversed does not constitute waiver of right to restitution. |
Civil Procedure |
|
Dec. 14, 2016 | |
|
14-16840
|
Silvester v. Harris
California's application of full 10-day 'cooling off' period for subsequent gun purchasers constitutes reasonable safety precaution for all firearm purchasers and does not violate the Second Amendment. |
Civil Rights |
|
Dec. 14, 2016 | |
|
B269663
|
In re D.R.
Court errs in not ordering adoption as juvenile's permanent plan, resulting in reversal of order of legal guardianship. |
Juveniles |
|
Dec. 14, 2016 | |
|
B268298
|
Southern California Gas Co. v. Flannery
Belated interpleader answer lacking factual specificity insufficient to merit trial or summary judgment motion on issues pled. |
Civil Procedure |
|
Dec. 13, 2016 | |
|
B252894
|
People v. Selivanov
Court may not make finding as to whether embezzled funds were 'public' as decision mandating felony classification of conviction is jury's responsibility under 'Apprendi.' |
Criminal Law and Procedure |
|
Dec. 13, 2016 | |
|
16-1170
|
In re Faitalia
Bankruptcy court errs in awarding debtors' their attorney fees and costs under statute, resulting in reversal in planned community association's favor. |
Bankruptcy |
|
Dec. 13, 2016 | |
|
16-1172
|
Strickland v. U.S. Trustee (In re Wojcik)
Paralegal's use of the word 'legal' in her business name and advertisements violates strict liability provision of Bankruptcy Code Section 110(f). |
Bankruptcy |
|
Dec. 13, 2016 | |
|
F071654
|
People v. Martin
'Larceny' as used in shoplifting statute not understood as meaning 'theft' generally, prohibiting Proposition 47 resentencing for burglary commissioned with forged checks. |
Criminal Law and Procedure |
|
Dec. 13, 2016 | |
|
15-978
|
Systems Inc. v. Nordock Inc.
Order |
|
Dec. 13, 2016 | ||
|
16-204
|
FTS USA LLC v. Monroe
Order |
|
Dec. 13, 2016 | ||
|
15-1031
|
Howell v. Howell
Order |
|
Dec. 13, 2016 | ||
|
15-1189
|
Impression Products Inc. v. Lexmark International Inc.
Order |
|
Dec. 13, 2016 | ||
|
16-74
|
Advocate Health Care v. Stapleton
Order |
|
Dec. 13, 2016 | ||
|
F069302
|
Stand Up for California! v. State of California (North Fork Rancheria of Mono Indians)
Governor's concurrence for off-reservation casino in Madera County is invalid without state-approved compact for gaming on that parcel. |
Gaming |
|
Dec. 13, 2016 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com