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Name Category Published
Lopez v. Sony Electronics
Does the six-year limitations period in Code of Civil Procedure section 340.4, which governs actions based on birth and pre-birth injuries and is not subject to tolling for minority, or the two-year limitations period in Code of Civil Procedure section 340.8, which applies to actions for injury based upon exposure to a toxic substance and is subject to tolling for minority, govern an action alleging pre-birth injuries due to exposure to a toxic substance? 		Aug. 25, 2016
People v. Dodson
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a drug offense even though the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47? 		Aug. 25, 2016
People v. Espino
(1) May law enforcement officers conduct a search incident to the authority to arrest for a minor traffic offense, so long as a custodial arrest (even for an unrelated crime) follows? (2) Did Riley v. California (2014) __ U.S. __ [134 S.Ct. 2473, 189 L.Ed.2d 430] require the exclusion of evidence obtained during the warrantless search of the suspect's cell phone incident to arrest, or did the search fall within the good faith exception to the exclusionary rule (see Davis v. United States (2011) 564 U.S. __ [131 S.Ct. 2419, 180 L.Ed.2d 285]) in light of People v. Diaz (2011) 51 Cal.4th 84? 		Aug. 25, 2016
People v. Garrett
Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Pen. Code, section 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? 		Aug. 25, 2016
People v. Holder
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? 		Aug. 25, 2016
People v. Juergens
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a drug offense even though the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47? 		Aug. 25, 2016
People v. Nice
(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? 		Aug. 25, 2016
People v. Cowan
Order 		Aug. 25, 2016
Reyes v. Lynch
Nolo contendere plea coupled with probationary requirements restraining defendant's liberty constitute 'conviction' for federal immigration purposes. 		Immigration Aug. 25, 2016
Godoy v. Spearman
Murderer not entitled to habeas relief based on misconduct relating to juror who allegedly texted 'judge friend' during trial. 		Criminal Law and Procedure Aug. 25, 2016
In re H.W.
Minor unsuccessful in challenging finding that he possessed burglary tools, where pliers qualify as 'other instrument or tool' within the meaning of Penal Code section 466. 		Juveniles Aug. 25, 2016
People v. Orloff
Trial court properly used discretion provided under Evidence Code Section 352 in allowing evidence of prior threats made by defendant in criminal threats case. 		Criminal Law and Procedure Aug. 25, 2016
People v. Flores
Aider and abettor liability through natural and probable consequences is proper for nontarget offense of torture. 		Criminal Law and Procedure Aug. 24, 2016
People v. Hronchak
Court may impose confinement exceeding maximum allowed for misdemeanor offenses to defendant who was resentenced, given supervised parole under Prop. 47 and thereafter violated parole. 		Criminal Law and Procedure Aug. 24, 2016
In re Mancillas
Pen. Code Section 1203.2a applies to defendants whose probation has been summarily revoked, barring jurisdiction for court that did not issue order within proper time limit. 		Prisoners Rights Aug. 24, 2016
American Hotel and Lodging Association v. City of Los Angeles
Hotel associations unsuccessful in challenging city wage ordinance setting increased wages for hotel workers where ordinance not preempted by National Labor Relations Act. 		Municipal Law Aug. 24, 2016
Brotherhood of Maintenance of Way Employes Division/IBT v. BNSF Railway Inc.
'ConRail' and Railway Labor Act's major/minor test applies to labor dispute against railway alleging retaliation, and properly categorized as 'minor' subject to mandatory arbitration. 		Labor Law Aug. 24, 2016
Shea Homes Inc. and Subsidiaries v. Commissioner of Internal Revenue
Commissioner of Internal Revenue unsuccessful in challenging tax court's determination that home-developer-taxpayers used proper accounting method that clearly reflects their income. 		Taxation Aug. 24, 2016
A.B., a Minor
Father's parental rights properly terminated under Family Code Section 7822 where father made only token efforts to communicate with child for well over one-year period. 		Family Law Aug. 24, 2016
Randall v. Mousseau
Court abuses discretion in denying plaintiff's motion for a settled statement and consequently, her right to appeal, but failure to seek timely review renders issue forfeited. 		Civil Procedure Aug. 24, 2016
Esparza v. Sand & Sea Inc.
Signed acknowledgment of receipt and review of employee handbook containing arbitration agreement section does not constitute assent to arbitration agreement. 		Arbitration Aug. 23, 2016
Morris Silver M.D. Inc. v. International Longshore and Warehouse Union – Pacific Maritime Association Welfare Plan
Third-party medical provider's contract and quasi-contract claims against ERISA-regulated employee welfare benefit plan not preempted, resulting in reversal of dismissal. 		Health Care Aug. 23, 2016
Mitchell v. California Dept. of Health
Equitable tolling applies to revive former state employee's racial discrimination action under FEHA that trial court erroneously disposed of via demurrer. 		Employment Law Aug. 23, 2016
Welch v. Brown
California law prohibiting state-licensed mental health providers from engaging in 'sexual orientation change efforts' with minor patients do not violate Religious Clauses of the Constitution. 		Civil Rights Aug. 23, 2016
In re Berkeley Delaware Court, LLC
Bankruptcy Code Section 363 applies to sale of legal claims of an estate, barring challenge on appeal without successful petition for stay of sale pending appeal. 		Bankruptcy Aug. 23, 2016
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 Aug. 23, 2016
Ortega-Lopez v. Lynch
Misdemeanant convicted of participating in cockfighting is not automatically ineligible for relief from removal because cockfighting is not a categorical crime involving moral turpitude. 		Immigration Aug. 23, 2016
People v. Miranda
Assault of inmate in Los Angeles County Jail merits gang enhancement as evidence supports fact that perpetrators were members of criminal organization known as 'Southside gang.' 		Criminal Law and Procedure Aug. 23, 2016
Greco v. Greco
Motion to strike properly denied where sister's claims alleging brother's wrongful taking from parents' trust and estates is not protected activity under anti-SLAPP law. 		Anti-SLAPP Aug. 23, 2016
Phillips v. Campbell
Restraining order properly issued against cyclist based on finding that dating relationship existed between him and his victim though both denied ever 'dating' each another. 		Family Law Aug. 23, 2016
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