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Name Category Published
People v. Nguyen
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)? 		Dec. 22, 2016
People v. Velasquez
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? 		Dec. 22, 2016
People v. Robinson
Order 		Dec. 22, 2016
Augustus v. ABM Security Services Inc.
Security guards succeed in reinstating favorable trial court judgment, finding their employer liable for requiring on-duty rest periods in violation of labor laws. 		Labor Law Dec. 22, 2016
People ex rel. Jan Owen v. Miami Nation Enterprises
Payday loan companies created by federally recognized Indian tribes accused of engaging in unlawful loan activities are not entitled to tribal immunity. 		Native American Affairs Dec. 22, 2016
People v. Relkin
Mandatory supervision condition that required defendant to report any contact with peace officers found to be unconstitutionally vague and overbroad. 		Criminal Law and Procedure Dec. 22, 2016
Newport Harbor Ventures LLC v. Morris Cerullo World Evangelism
Anti-SLAPP motion is untimely if not filed within 60 days of service of first complaint that pleads cause of action coming within anti-SLAPP protection. 		Anti-SLAPP Dec. 22, 2016
San Joaquin County Correctional Officers Association v. County of San Joaquin
County has right to amend plans to cover pension payments under County Employees Retirement Law, despite passage of California Public Employees' Pension Reform Act staying changes until 2018. 		Government Dec. 21, 2016
Dual Diagnosis Treatment Center Inc. v. Buschel et al.
Anti-SLAPP motion properly denied where claims relating to defendant's republication of newspaper article were particular to plaintiff and not of widespread public interest. 		Anti-SLAPP Dec. 21, 2016
Madrigal v. Victim Compensation and Government Claims Board
Denial of defendant's compensation claim overturned where Victim Compensation and Government Claims Board's conclusion on binding effect of district court's habeas findings was erroneous. 		Criminal Law and Procedure Dec. 21, 2016
Mohamed v. Uber Technologies Inc.
Uber's motion to compel arbitration erroneously denied where district court improperly assumed authority to decide threshold issue of arbitrability despite clear, unmistakable delegation clause. 		Arbitration Dec. 21, 2016
Rainero v. Archon Corp.
Complaint properly dismissed for lack of jurisdiction, where Securities Litigation Uniform Standards Act does not provide independent basis for federal question jurisdiction under 28 U.S.C. section 1331. 		Securities Dec. 21, 2016
Barapind v. Government of the Republic of India
India's diplomatic communications with the United States does not constitute waiver of sovereign immunity that would confer subject matter jurisdiction in federal court. 		Immunity Dec. 21, 2016
United States v. Shields
Failure to instruct jury on duty of disclosure requirement for nondisclosure wire fraud conviction constitutes error, but not reversible plain error as court followed Model Instructions and defense failed to object to omission. 		Criminal Law and Procedure Dec. 21, 2016
Marilley v. Bonham
Differential fees for nonresident fishers permissible under Privileges and Immunities Clause, where nonresidents receive benefit from state in form of significant resident taxes used to maintain and police fishery resources. 		Constitutional Law Dec. 21, 2016
Kase v. Metalclad Insulation Corporation
Navy insulation requirements implicitly requiring use of asbestos-laced product constitute 'reasonably precise specifications' under the government contractor defense. 		Civil Procedure Dec. 21, 2016
Medical Marijuana Inc. v. ProjectCBD.com
Anti-SLAPP properly denied where complaint alleged no act on the part of movant in support for claims movant sought to strike. 		Anti-SLAPP Dec. 20, 2016
Tidwell Enterprises v. Financial Pacific Ins. Co.
Incremental structural damage incurred during insurance policy period culminating in fire after expiration of policy may still require insurer to cover insured. 		Insurance Dec. 20, 2016
Armin v. Riverside Community Hospital
Physician need not complete internal peer review process before filing action pursuant to hospital whistleblower statute, although he may not name individual defendants in complaint. 		Anti-SLAPP Dec. 20, 2016
Fowler Packing Co. Inc. v. Lanier
California businesses that were allegedly singled out in Assembly Bill 1513 may maintain their equal protection challenge over the law's carve-out provisions. 		Civil Rights Dec. 20, 2016
United States v. Thomas
Despite unreasonable length of mandatory minimum sentence in eyes of court, imposition of sentence per low end of Sentencing Guidelines for remaining crimes not unreasonable. 		Criminal Law and Procedure Dec. 20, 2016
U.S. v. Yepiz
Court's rejection, without explanation, of defendant's letter seeking new counsel results in vacated conviction and remand for new trial. 		Criminal Law and Procedure Dec. 20, 2016
People v. Brown
Defendant fails to overturn witness intimidation conviction by asserting that he should have been convicted under specific, rather than general, statute. 		Criminal Law and Procedure Dec. 20, 2016
Property Reserve Inc. v. Superior Court (Department of Water Resources)
Trial court errs in holding precondemnation proceeding exempt from discovery, but landowners' failure to show prejudicial error results in affirmance. 		Eminent Domain Dec. 19, 2016
Conservatorship of B.C.
Unlike conservatorship proceedings under the Lanterman-Petris-Short Act, probate conservatorships do not require personal waiver of conservatee's right to jury trial. 		Conservatorship Dec. 19, 2016
People v. Mickel
Passing references to psychiatric report questioning defendant's mental capacity not enough to require court to express concern for defendant's competency on record, as require by Pen. Code. Section 1368. 		Criminal Law and Procedure Dec. 19, 2016
People v. Franske
Thief who stole from employee's purse eligible for Prop. 47 resentencing relief even though she did not steal from 'openly displayed merchandise.' 		Criminal Law and Procedure Dec. 19, 2016
People v. Elizalde
Trial court's grant of Proposition 47 petition renders moot defendant's appeal of court's finding that she violated postrelease community supervision. 		Criminal Law and Procedure Dec. 19, 2016
Marriage of Schu
Spousal support properly denied to wife based on evidence of domestic abuse she perpetrated on her children to facilitate ongoing sexual abuse of her son's friend. 		Family Law Dec. 19, 2016
People v. Gonzales
Petitioner's conviction for identity theft did not foreclose eligibility for Prop. 47 relief where that identity theft conviction was unrelated to forgery counts. 		Criminal Law and Procedure Dec. 19, 2016
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