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Name Category Published
People v. Avila
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. 12, 2016
People v. Bazley
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. 12, 2016
People v. Campos
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. 12, 2016
People v. Hamilton
In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? In other words, should People v. Favor (2012) 54 Cal.4th 868 be reconsidered in light of Alleyne v. United States (2013) ___ U.S. ___ [113 S.Ct. 2151] and People v. Chiu (2014) 59 Cal.4th 155?
Aug. 12, 2016
People v. Hanson
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date?
Aug. 12, 2016
People v. Hawkins
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. 12, 2016
People v. Hellon
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. 12, 2016
People v. VanVleck
Military diversion program for DUI charges barred by language of Section 23640 prohibition of suspension of proceedings for driver improvement or substance abuse treatment programs.
Statutory Interpretation Aug. 12, 2016
Communities for a Better Environment v. Bay Area Air Quality Management District (Kinder Morgan Material Services LLC)
Action properly dismissed because discovery rule does not postpone running of statute of limitations under Public Resources Code Section 21167(d).
Environmental Law Aug. 12, 2016
Laffitte v. Robert Half International Inc.
Percentage of fund method survives in California class action cases, and trial court does not abuse discretion in using it to approve attorney fee request.
Attorneys Aug. 12, 2016
City of Selma v. Fresno County Local Agency etc.
Local agency's violation of Government Code Section 56666(a)'s 'directory' 70-day limitation for continuance does not invalidate action taken at continued hearing.
Government Aug. 12, 2016
Rancho Mirage Country Club Homeowners Association v. Hazelbaker
Homeowner association properly awarded fees and costs pursuant to fee-shifting provision of the Davis-Stirling Act as prevailing party in condominium dispute.
Real Property Aug. 11, 2016
Watson Bowman Acme Corp. v. RGW Construction Inc.
Subcontractor entitled to prejudgment interest where amount of damages awarded in its favor were sufficiently certain for purposes of Civil Code Section 3287(a).
Contracts Aug. 11, 2016
Pulte Homes Corp. v. Williams Mechanical Inc.
Trial court abuses discretion by ruling that defunct corporation entitled to set aside default, resulting in reinstatement of default and default judgment.
Civil Procedure Aug. 11, 2016
Rivera v. Orange County Probation Dept. (In re Rivera)
Debtor's liability to county arising from son's involuntary juvenile detention does not constitute 'domestic support obligation,' and is, therefore, dischargeable.
Bankruptcy Aug. 11, 2016
Demirdjian v. Gipson
Dismissal of habeas petition challenging murder convictions due to ineffective assistance of counsel affirmed under AEDPA's deferential standard.
Criminal Law and Procedure Aug. 11, 2016
People v. Gibson
Defendant ineligible for resentencing of LWOP sentence for murder committed as a juvenile despite trial court's misunderstanding of Penal Code Section 1170(d)(2) applicability to non-killers.
Criminal Law and Procedure Aug. 11, 2016
United States v. United Healthcare Ins. Co.
Allegation of abuse of Medicare Advantage enrollee reporting system in proposed fourth amended complaint constitutes cognizable legal theory, meriting consideration in district court.
Administrative Agencies Aug. 11, 2016
Borrayo v. Avery
Summary judgment in favor of doctor reversed where court abuses discretion in excluding declaration of plaintiff's expert witness because he did not practice medicine in United States.
Civil Procedure Aug. 11, 2016
Center for Biological Diversity v. Dept. of Fish and Wildlife
Historical practice, legislative guidance, and practicality suggests that trial court should supervise any writs of mandate issued regarding CEQA compliance in 'Newhall' matter.
Environmental Law Aug. 11, 2016
U.S. v. Zhou
Though government only referred to credit card fraud as to one store rather than both defrauded stores at plea colloquy, count to which defendant pled guilty was broad enough to encompass offenses as to both, making restitution to both stores proper.
Criminal Law and Procedure Aug. 11, 2016
Glacier Fish Co. v. Pritzker
Cather-processor coop permit constitutes limited access privilege, allowing NMFS to levy fee as part of cost recovery program against corporate members of conservation cooperative.
Environmental Law Aug. 11, 2016
People v. McNulty
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. 11, 2016
People v. Contreras
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date?
Aug. 11, 2016
People v. Frierson
Inmate convicted of stalking not eligible for resentencing under Three Strikes law as third conviction considered violent, dangerous.
Criminal Law and Procedure Aug. 10, 2016
People v. Watts
Crime-lab fee imposed under Health and Safety Code Section 11372.5 not subject to penalty assessments that could potentially increase charges by 310 percent.
Criminal Law and Procedure Aug. 10, 2016
Cruz v. City of Culver City et al.
Public interest exception does not defeat anti-SLAPP motion in case alleging city council's violation of Brown Act open meeting law.
Anti-SLAPP Aug. 10, 2016
Daniels v. Merit Systems Protection Board
Merit Systems Protection Board properly denies federal employee's petition for review for lack of jurisdiction where employee's disclosures not protected under Whistleblower Protection Act.
Administrative Agencies Aug. 10, 2016
Kobold v. Good Samaritan Regional Medical Center
Labor Management Relations Act did not preempt labor dispute concerning breach of fiduciary duty claim under Oregon state law, warranting reversal of one of three consolidated cases.
Labor Law Aug. 10, 2016
Weiss v. City of Los Angeles
As 'issuing agency,' City - not ticket processing agency - responsible for initial review of violation under Veh. Code Section 40215(a).
Statutory Interpretation Aug. 10, 2016