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Name Category Published
People v. Byrd
Failure to prove police officers were 'in a distinctive uniform' results in reversal of conviction for fleeing from pursuing police officer under Vehicle Code Section 2800.2. 		Criminal Law and Procedure Aug. 1, 2016
People v. Gallardo
Order 		Jul. 29, 2016
People v. Preciado
Does Prop. 47 apply to the offense of unlawful taking or driving a vehicle (Vehicle Code Section 10851), because it is a lesser included offense of Penal Code Section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code Sections 490.2 and 1170.18? 		Jul. 29, 2016
Merck & Cie v. Watson Laboratories Inc.
Order 		Jul. 29, 2016
Elijah C., a Minor
Purported waiver of statute limitations made by uncounseled minor is invalid though made prior to filing of petition against him. 		Juveniles Jul. 29, 2016
Friends of the Hastain Trail v. Coldwater
Use of decades old fire road on private property as hiking trail does not constitute implied dedication of land for public use. 		Real Property Jul. 29, 2016
People v. Putney
Trial courts may not commit criminal defendants under the Sexually Violent Predators Act years before their sentences of incarceration are set to end. 		Criminal Law and Procedure Jul. 29, 2016
People v. Becerra
Whether the defendant's Sixth Amendment right to confrontation was violated by a gang expert's reliance on testimonial hearsay. 		Jul. 29, 2016
Berg (Jason A.) on H.C.
When a juvenile offender seeks relief from a life-without-parole sentence that has become final, does Penal Code Section 1170(d)(2), which permits most juvenile offenders to petition for recall of a life-without-parole sentence imposed pursuant to Section 190.5 after 15 years, provide an adequate remedy under Miller v. Alabama (2012) as recently construed in Montgomery v. Louisiana (2016)? 		Jul. 29, 2016
People v. Cardona
Was the jury properly instructed on the "kill zone" theory of attempted murder? 		Jul. 29, 2016
Crossroads Investors v. Federal National Mortgage Association
Order 		Jul. 29, 2016
People v. Moore
Are the conditions of probation mandated by Penal Code Section 1203.067(b), for persons convicted of specified felony sex offenses - including waiver of the privilege against self-incrimination, required participation in polygraph examinations, and waiver of the psychotherapist-patient privilege - constitutional? 		Jul. 29, 2016
People v. Moore
Order 		Jul. 29, 2016
Sandquist v. Lebo Automotive Inc.
California Supreme Court declares that the issue of 'who decides' whether arbitration agreement provides for class arbitration is one for arbitrator, not the court. 		Arbitration Jul. 29, 2016
United States v. Thomsen
Passport cards not included under statute prohibiting misuse or falsification of 'immigrant or nonimmigrant' documents. 		Statutory Interpretation Jul. 29, 2016
Munoz Santos v. Thomas
Evidence that statements were obtained by coercion may be treated as 'explanatory' evidence admissible in extradition hearing. 		Criminal Law and Procedure Jul. 29, 2016
People v. Curry
Defendant cannot escape plain language of Proposition 47 and must file petition for recall of sentence with trial court that entered her judgment of conviction. 		Criminal Law and Procedure Jul. 29, 2016
People v. Loya
Convictions reversed where exasperated judge's rejection of negotiated plea agreement without reason constituted abuse of discretion. 		Criminal Law and Procedure Jul. 28, 2016
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. 		Criminal Law and Procedure Jul. 28, 2016
Pakootas v. Teck Cominco Metals Ltd.
Smelter not liable for CERCLA cleanup costs to remedy natural resources damages caused by 'aerial depositions' of hazardous substances near US-Canada border. 		Environmental Law Jul. 28, 2016
Smith v. Los Angeles Unified School District
Motion to intervene improperly denied as untimely and unnecessary in case involving integration of moderately-to-severely disabled children into LAUSD's general education classes. 		Civil Procedure Jul. 28, 2016
In the Matter of Heller Ehrman LLP
Order 		Jul. 28, 2016
Wang v. Rodriguez
Conviction of trafficking in counterfeit goods does not necessarily involve deceit, barring citizenship applicant from naturalization process 		Immigration Jul. 28, 2016
U.S. v. Wanland
All of defendant's arguments challenging convictions for tax related offenses lack merit, resulting in affirmance. 		Criminal Law and Procedure Jul. 28, 2016
People v. Debouver
Defendant's entry into secured subterranean garage where resident caught him breaking into vehicles red handed, supported finding of 'person-present' sentence enhancement. 		Criminal Law and Procedure Jul. 28, 2016
JAMS Inc. v. Superior Court (Kinsella)
Commercial speech exemption applies to action and bars consideration of anti-SLAPP motion brought by provider of private alternative dispute resolution services. 		Civil Procedure Jul. 28, 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 Jul. 28, 2016
People v. Superior Court (Tejeda)
Holding in 'Solberg' forces Court of Appeals to grant challenge to judge despite clear pattern of blanket disqualification, disrupting court operation. 		Judges Jul. 27, 2016
Cardenas v. Shannon (In re Shannon)
Washington default judgment against debtors properly discharged after owners of Mexican-themed restaurant fails to establish non-dischargeability by false representation or fraud. 		Bankruptcy Jul. 27, 2016
In re Swift Transportation Co. Inc.
Transportation company not entitled to writ of mandamus ordering court to vacate its case management order and to decide petition to compel arbitration without discovery or trial. 		Remedies Jul. 27, 2016
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