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Name Category Published
Doe v. United States Youth Soccer Association Inc.
Youth's negligence claim against soccer associations stemming from sexual abuse by her former soccer coach improperly dismissed where special relationship existed to establish 'duty.'
Torts Feb. 24, 2017
Lynn v. Tatitlek Support Services Inc.
Contractor not liable under 'coming and going' rule for fatal accident caused by employee on commute home where employee had option to take bus service.
Torts Feb. 24, 2017
People v. Bullard
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?
Feb. 24, 2017
People v. Dixon
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?
Feb. 24, 2017
People v. Evans
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?
Feb. 24, 2017
People v. Fernandez
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?
Feb. 24, 2017
People v. Johnson
Was the trial court's decision that defendant's prior conviction constituted a strike incompatible with Descamps v. U.S. (2013) 570 U.S. __ (133 S.Ct. 2276) because the trial court relied on judicial fact-finding beyond the elements of the actual prior conviction?
Feb. 24, 2017
People v. Lewis
Did Montgomery v. Louisiana clarify that Miller v. Alabama created a presumption against a sentence of life imprisonment without possibility of parole for juvenile offenders and requires trial courts to determine that a juvenile offender is one of "those rare children whose crimes reflect irreparable corruption" before imposing such a sentence? Or is it sufficient, for purposes of compliance with Montgomery and Miller, that a trial court take into consideration the offender's youth and attendant circumstances in exercising its sentencing discretion under Penal Code section 190.5(b)?
Feb. 24, 2017
People v. Rodriguez
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?
Feb. 24, 2017
People v. Watson
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?
Feb. 24, 2017
People v. Westerfield
What is the standard of proof for a finding of ineligibility for resentencing under Proposition 36? (See People v. Arevalo (2016) 244 Cal.App.4th 836; cf. People v. Osuna (2014) 225 Cal.App.4th 1020.)
Feb. 24, 2017
People v. Gallardo
Order
Feb. 24, 2017
People v. Lemon
Order
Feb. 24, 2017
People v. Lena
Court does not abuse its discretion in striking defendant's entire testimony when defendant refuses to answer any questions on cross-examination.
Criminal Law and Procedure Feb. 24, 2017
People v. Cowan
Prosecutor's grossly inaccurate explanation of reasonable doubt requires reversal of defendant's convictions and sentence.
Criminal Law and Procedure Feb. 24, 2017
Perry v. Bakewell Hawthorne LLC
Exclusion of expert opinion under Code of Civil Procedure Section 2034.300 due to unreasonable noncompliance to expert witness disclosure rule applies to motions for summary judgment.
Civil Procedure Feb. 24, 2017
Zetwick v. County of Yolo
Employee wins reversal of summary judgment in employers' favor, where genuine issues of material fact remain regarding claim of sexually hostile work environment.
Employment Discrimination Feb. 24, 2017
Brandon v. Maricopa County
Attorney's comments made to newspaper regarding her client are not protected by First Amendment, as negative remark violated fiduciary duty owed to client
Civil Rights Feb. 24, 2017
People v. Nicolas
Speeding, texting driver that killed motorist obtains reversal of gross vehicular manslaughter conviction due to instructional error that lowered prosecution's burden of proof.
Criminal Law and Procedure Feb. 24, 2017
Marcus C., a Minor
Juvenile court should have allowed agency and child's counsel leave to amend petition to conform to proof presented at jurisdiction, disposition hearing.
Dependency Feb. 23, 2017
Golden Day Schools Inc. v. Office of Administrative Hearings (California Dept. of Education)
Annual property rent increases constitute 'transactions' under contract referencing Corporations Code Section 5233 establishing conflict of interest guidelines for use of government funds.
Contracts Feb. 23, 2017
Buck v. Davis
Defense attorney's introduction of evidence that race is factor to be considered in determining propensity for violence violates defendant's right to effective assistance of counsel.
Criminal Law and Procedure Feb. 23, 2017
Life Technologies Corp. v. Promega Corp.
Single component produced in U.S. for product assembled abroad not 'substantial portion' of product under test creating liability for patent infringement.
Patent Law Feb. 23, 2017
Fry v. Napoleon Community Schools
U.S. Supreme Court clarifies scope of IDEA's exhaustion requirement: exhaustion unnecessary when gravamen of suit is something other than denial of Act's core guarantee.
Education Feb. 23, 2017
Bishop v. Wells Fargo
Order
Feb. 22, 2017
Class v. U.S.
Order
Feb. 22, 2017
People v. Camel
Wiretap Act does not mandate courts to use 'Aguilar-Spinelli' test to determine probable cause for wiretap surveillance in motion to suppress hearing.
Criminal Law and Procedure Feb. 22, 2017
San Luis & Delta-Medota Water Authority v. Haugrud
Bureau of Reclamation has authority, pursuant to Act of August 12, 1955, to release water from dam above and beyond amount designated in water release schedule.
Water Rights Feb. 22, 2017
People v. Smith
Defendant convicted of attempted possession of controlled substance for sale unsuccessful in challenging narcotics registration requirement, where registration statute applies to both attempts and completed violations.
Criminal Law and Procedure Feb. 21, 2017
People v. Lowery
Amount written on forged check does not necessarily determine 'value' for purposes of misdemeanor classification under Penal Code Section 473.
Criminal Law and Procedure Feb. 21, 2017