| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S223129
|
People v. Rodriguez
Trial court must take 'reasonable steps in good faith' to ensure judge who hears initial suppression of evidence motion hears subsequent suppression motions. |
Criminal Law and Procedure |
|
Aug. 22, 2016 | |
|
S222620
|
People v. Rinehart
State's moratorium on mining technique known as suction dredging is not preempted by federal law promoting mining on federal land. |
Constitutional Law |
|
Aug. 22, 2016 | |
|
S076339
|
People v. Grimes
California Supreme Court clarifies application of against-interest hearsay exception and overturns defendant's death judgment while keeping intact murder conviction and special circumstances findings. |
Criminal Law and Procedure |
|
Aug. 22, 2016 | |
|
14-56120
|
Libery Surplus v. Ledesma & Meyer Const.
Order |
|
Aug. 22, 2016 | ||
|
13-17500
|
In re Del Biaggio
Under 11. U.S.C. Section 510(b), damages claim of individual debtor subordinate to other claims senior to or equal to it. |
Bankruptcy |
|
Aug. 22, 2016 | |
|
13-16599
|
Morris v. Ernst & Young LLP
Ernst & Young may not enforce 'concerted action waiver' that interferes with employees' substantive federal right to act together as protected under National Labor Relations Act. |
Labor Law |
|
Aug. 22, 2016 | |
|
S234901
|
Campaign for Quality Education v. State of California
Order |
Constitutional Law |
|
Aug. 22, 2016 | |
|
S234741
|
Vergara v. State of California (California Teachers Association)
Order |
Education |
|
Aug. 22, 2016 | |
|
B266704
|
People v. Newman
Defendant ineligible for resentencing under Prop. 36 where record of conviction showed he intended to cause great bodily injury, a disqualifying factor. |
Criminal Law and Procedure |
|
Aug. 21, 2016 | |
|
A141625
|
East Bay Regional Park District v. Griffin
Dismissal of appeal over trustee's distribution of trust assets pursuant to valid orders of the probate court required where no relief is available to appellant. |
Probate and Trusts |
|
Aug. 21, 2016 | |
|
A145604
|
California American Water Co. v. Marina Coast Water District
Monterey County Water Resources Agency's attempt to judicially void agreement due to financial conflict of interest not limited by 60-day statute of limitations due to public agency status. |
Contracts |
|
Aug. 21, 2016 | |
|
15-16021
|
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. |
Native American Affairs |
|
Aug. 21, 2016 | |
|
12-71735
|
Bibiano v. Lynch
In removal case, 8 U.S.C. Section 1252(b)(2)'s venue provision is jurisdictional; thus Ninth Circuit not stripped of subject matter jurisdiction even though venue not proper. |
Immigration |
|
Aug. 21, 2016 | |
|
B266881
|
People v. Garner
'Larceny' as used under newly-added Prop. 47 'shoplifting' statute, includes 'theft by false pretenses,' making petitioner's felony burglary conviction reducible to misdemeanor shoplifting. |
Criminal Law and Procedure |
|
Aug. 21, 2016 | |
|
D068228
|
People v. Wagner
Reversal and remand result where trial court incorrectly concludes it lacks jurisdiction under Penal Code section 1473.6 to hear claims related to improper revocation of parole. |
Criminal Law and Procedure |
|
Aug. 21, 2016 | |
|
S235918
|
People v. Shirley
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, section 1170.126)? |
|
Aug. 19, 2016 | ||
|
S235879
|
People v. Simon
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. 19, 2016 | ||
|
S235765
|
People v. Yarberry
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. 19, 2016 | ||
|
B262978
|
People v. Raygoza
Offender's home detention complied with county's electronic monitoring program and met Penal Code Section 1203.018's standards, making him eligible for custody credits. |
Criminal Law and Procedure |
|
Aug. 18, 2016 | |
|
B266465
|
Nichols v. Century West LLC
Car dealer's informal agreement to wait to deposit down payment checks does not qualify as 'deferred' down payment allowing purchaser to rescind contract. |
Consumer Law |
|
Aug. 18, 2016 | |
|
S235776
|
People v. Munoz
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)? |
|
Aug. 18, 2016 | ||
|
S235909
|
People v. Puls
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? |
|
Aug. 18, 2016 | ||
|
S235828
|
People v. Richards
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. 18, 2016 | ||
|
A139610
|
Marin Association of Public Employees v. Marin County Employees' Retirement Association
Amendment of public employee pension plan appropriate for active workers as new system is 'reasonable' and provides 'comparable new advantages.' |
Administrative Agencies |
|
Aug. 18, 2016 | |
|
A142994
|
U.S. Bank National Association as Trustee v. Naifeh
In light of recent case, judgment in favor of bank vacated and remanded to address validity of borrower's defense of rescission of home loan. |
Banking |
|
Aug. 18, 2016 | |
|
A145734
|
Aluma Systems Concrete Construction of California v. Nibbi Bros. Inc.
Demurrer erroneously sustained based on allegations in underlying lawsuit - allegations that were not determinative of contractor's claim for indemnity. |
Administrative Agencies |
|
Aug. 18, 2016 | |
|
14-50288
|
U.S. v. Zhou
Order |
|
Aug. 18, 2016 | ||
|
S234969
|
Troester v. Starbucks Corporation
Does the federal Fair Labor Standard Act's de minimis doctrine, as stated in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 692 (1946) and Lindow v. United States, 738 F.2d 1057, 1063 (9th Cir. 1984), apply to claims for unpaid wages under California Labor Code sections 510, 1194, and 1197? |
|
Aug. 18, 2016 | ||
|
S235773
|
People v. Acosta
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. 18, 2016 | ||
|
S235772
|
People v. McCutchan
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)? |
|
Aug. 18, 2016 |
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