| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C073871
|
Wang v. Nibbelink
Landowner not liable for injury caused by recreational user's runaway horse to off-premises nonparticipant. |
Immunity |
|
Oct. 16, 2016 | |
|
C075126
|
United Auburn Indian Community v. Brown
Governor's concurrence with Department of Interior decision regarding Indian casino, execution of gaming compact not legislative act violating separation of powers doctrine. |
Native American Affairs |
|
Oct. 16, 2016 | |
|
A144252
|
T-Mobile West LLC v. City and County of San Francisco
San Francisco may regulate construction of telephone facilities based on aesthetic purposes under Public Utilities Code Section 7901. |
Municipal Law |
|
Oct. 16, 2016 | |
|
A145575
|
Building Industry Association v. City of San Ramon
City of San Ramon's establishment of community facilities district and imposition of special taxes complied with Mello-Roos Act, defeating lawsuit challenging the tax's validity. |
Government |
|
Oct. 16, 2016 | |
|
B276233
|
State of California v. Superior Court (Flynn)
Order compelling CHP to produce unredacted records containing personal information derived from CHP 180 forms erroneous in light of 'County of Los Angeles v. Superior Court (Anderson-Barker).' |
Public Records Act |
|
Oct. 16, 2016 | |
|
D068185
|
Union of Medical Marijuana Patients Inc. v. City of San Diego (California Coastal Commission)
City's ordinance regulating medical marijuana businesses is not 'project' within meaning of CEQA; therefore, city properly determined environmental analysis not required before enactment. |
Environmental Law |
|
Oct. 16, 2016 | |
|
D069729
|
R.L., a Minor
California court's order terminating parental rights upheld though it erroneously found 'home state' jurisdiction over child based on brief hospital stay in San Diego. |
Dependency |
|
Oct. 16, 2016 | |
|
C078158
|
California Public Records Research v. County of Yolo
Official records copying fee structure may include consideration of broader office overhead as 'indirect cost' under Gov. Code Section 27366. |
Administrative Agencies |
|
J. Renner | Oct. 16, 2016 |
|
16-55249
|
NIFLA v. Harris
FACT Act, requiring licensed pregnancy centers to notice patrons of abortion availability, not subject to strict scrutiny; withstands intermediate scrutiny. |
Constitutional Law |
|
Oct. 16, 2016 | |
|
14-56374
|
Ziober v. BLB Resources Inc.
Servicemember must submit to arbitration of employment dispute, where Uniformed Services Employment and Reemployment Rights Act does not prohibit compelled arbitration of claims arising under its provisions. |
Arbitration |
|
Oct. 16, 2016 | |
|
09-17339
|
McDaniels v. Kirkland
On remand, Ninth Circuit again upholds denial of habeas relief to two California state prisoners after considering entire state-court record, including materials not presented to state appellate court. |
Criminal Law and Procedure |
|
Oct. 16, 2016 | |
|
S237093
|
People v. Donley
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? |
|
Oct. 14, 2016 | ||
|
S237070
|
In re Reno F.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? |
|
Oct. 14, 2016 | ||
|
S236678
|
People v. Kirkland
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? |
|
Oct. 14, 2016 | ||
|
S236926
|
People v. Kirsch
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? |
|
Oct. 14, 2016 | ||
|
S236769
|
People v. Norman
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? |
|
Oct. 14, 2016 | ||
|
S236866
|
People v. Rocheleau
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? |
|
Oct. 14, 2016 | ||
|
S237034
|
People v. Rushing
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)? |
|
Oct. 14, 2016 | ||
|
S237066
|
People v. Segobia
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? |
|
Oct. 14, 2016 | ||
|
S236850
|
People v. Shahmohamadian
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? |
|
Oct. 14, 2016 | ||
|
S236730
|
People v. Shields
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? |
|
Oct. 14, 2016 | ||
|
S230742
|
Passineau (Brett Anthony) on H.C.
Order |
|
Oct. 14, 2016 | ||
|
S236148
|
Montrose Chemical Corporation of California v. S.C. (Canadian Universal Insurance Company)
Order |
|
Oct. 14, 2016 | ||
|
S236703
|
People v. Gabrielson
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? |
|
Oct. 14, 2016 | ||
|
S237086
|
People v. Hiroshige
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)? |
|
Oct. 14, 2016 | ||
|
S236454
|
People v. Hoang
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? |
|
Oct. 14, 2016 | ||
|
S236628
|
In re J.E.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? |
|
Oct. 14, 2016 | ||
|
14-16405
|
Tompkins v. 23andMe Inc.
Motion to compel arbitration properly granted where none of challenged portions of arbitration provision render arbitration provision unconscionable under California law. |
Arbitration |
|
Oct. 13, 2016 | |
|
S236164
|
People v. Soto
(1) Whether the trial court erred in instructing the jury, as the Court of Appeal found, and (2) if so, whether the error was prejudicial. |
|
Oct. 13, 2016 | ||
|
S236702
|
People v. Coleman
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 effected by Proposition 47? |
|
Oct. 13, 2016 |