| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S236775
|
People v. Costa
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. 13, 2016 | ||
|
S236276
|
People v. Cotton
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? |
|
Oct. 13, 2016 | ||
|
S236984
|
People v. Edwards
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. 13, 2016 | ||
|
B266650
|
A.M. v. Ventura Unified School District
Minor's claim for liability against school district for childhood sex abuse is exempted from claims presentment requirement, warranting reversal of judgment in favor of school district. |
Civil Procedure |
|
Oct. 13, 2016 | |
|
G047986
|
People v. Booth
Counsel's failure to move to dismiss case based on 19-year precharging delay constitutes ineffective assistance of counsel, resulting in reversal and new trial. |
Criminal Law and Procedure |
|
Oct. 13, 2016 | |
|
G053068
|
Verio Healthcare Inc. v. Superior Court (SG Homecare Inc.)
Defendants, represented by legislator-attorney, not entitled to stay of litigation where statutes permitting such stays for legislator-attorneys are unconstitutional to the extent they mandate stay. |
Civil Procedure |
|
Oct. 13, 2016 | |
|
E060028
|
People v. Scott
Guaranteed youth parole hearing renders juvenile offender's de facto life sentence constitutional, but remand nevertheless warranted in light of 'People v. Franklin.' |
Juveniles |
|
Oct. 13, 2016 | |
|
12-73289
|
Ledezma-Cosino v. Lynch
Order |
Immigration |
|
Oct. 13, 2016 | |
|
S179181
|
People v. Burgener
Murderer's expressed frustration and resignation neither suggest ambivalence nor intent to undermine proceedings that would warrant reversal of death judgment. |
Criminal Law and Procedure |
|
Oct. 13, 2016 | |
|
D067946
|
People v. Boswell
Separate conviction of burglary not lesser included offense of murder conviction with special circumstance of committing crime while in the commission of a burglary. |
Criminal Law and Procedure |
|
Oct. 13, 2016 | |
|
15-118
|
Hernandez v. Mesa
Order |
|
Oct. 12, 2016 | ||
|
15-1358
|
Ziglar v. Turkmen
Order |
|
Oct. 12, 2016 | ||
|
15-1359
|
Ashcroft v. Turkmen
Order |
|
Oct. 12, 2016 | ||
|
15-1363
|
Hasty v. Turkmen
Order |
|
Oct. 12, 2016 | ||
|
16-348
|
Midland Funding v. Johnson
Order |
|
Oct. 12, 2016 | ||
|
C077440
|
City of Tracy v. Cohen
In redevelopment dissolution case, portion of payments made to city fall within 'goods or services' exception to the exclusion of sponsor agreements, reducing city's reimbursement obligation. |
Taxation |
|
Oct. 12, 2016 | |
|
B266681
|
GoTek Energy Inc. v. SoCal IP Law Group LLP
Law firm escapes malpractice action relating to failure to timely file patent applications due to client's failure to comply with statute of limitations. |
Civil Procedure |
|
Oct. 12, 2016 | |
|
15-9838
|
Alexander v. U.S.
Order |
|
Oct. 11, 2016 | ||
|
16-5075
|
Olalde-Gonzalez
Order |
|
Oct. 11, 2016 | ||
|
16-5566
|
Herrold v. U.S.
Order |
|
Oct. 11, 2016 | ||
|
15-9173
|
Bosse v. Oklahoma
Oklahoma errs in concluding it was not bound by 'Booth v. Maryland' which held that Eighth Amendment prohibited certain victim impact evidence at capital sentencing. |
Criminal Law and Procedure |
|
Oct. 11, 2016 | |
|
C078237
|
Covarrubias v. Cohen (City of Winters)
Set-aside debt from now-disolved redevelopment agency not 'enforceable obligation' under Health & Saf. Code Section 33334.2. |
Government |
|
Oct. 10, 2016 | |
|
A144572
|
In re Brigham
Conviction for first degree murder as aider and abettor vacated in light of 'People v. Chiu,' resulting in remand for new trial or reduction of conviction. |
Criminal Law and Procedure |
|
Oct. 10, 2016 | |
|
B268282
|
People v. Reyes
Two-year enhancement under California Penal Code section 12022.1 inapplicable when defendant's primary offense reduced to misdemeanor and resolved by plea of no contest. |
Criminal Law and Procedure |
|
Oct. 9, 2016 | |
|
15-30213
|
U.S. v. Kaplan
Replacement value provides best measure to ensure restitution to victims of huge hash oil explosion caused by fellow apartment dwellers. |
Criminal Law and Procedure |
|
Oct. 9, 2016 | |
|
F069946
|
People v. VonWahlde
Court lacks authority to vacate parole term under Penal Code Section 1385, grant courts jurisdiction to dismiss criminal actions. |
Criminal Law and Procedure |
|
Oct. 6, 2016 | |
|
A142723
|
Hjelm v. Prometheus Real Estate Group Inc.
Residents properly awarded attorney fees pursuant to Civil Code Section 1717 where attorney fees provisions in lease agreement were all one-sided, favoring only landlord. |
Contracts |
|
Oct. 6, 2016 | |
|
D068515
|
People v. Accredited Surety & Casualty Co.
Denial of bail bond company's motion to vacate forfeiture of bond affirmed where members of international fugitive apprehension unit are not 'local law enforcement officers' under statute. |
Criminal Law and Procedure |
|
Oct. 6, 2016 | |
|
A141500
|
Nicodemus v. Saint Francis Memorial Hospital
Certification of class action erroneously denied where, contrary to trial court's finding, proposed class members were ascertainable from data set provided by records services provider. |
Evidence |
|
Oct. 6, 2016 | |
|
B259937
|
LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1 LP
In action for breach of guaranty, judgment in favor of guarantor reversed where trial court errs in applying sham guaranty defense. |
Banking |
|
Oct. 6, 2016 |
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