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Name Category Published
People v. Leyva
(1) 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)? (2) What is the value of an unused stolen debit card for the purpose of distinguishing between misdemeanor and felony receiving stolen property in violation of Penal Code section 496, subdivision (a)? 		Oct. 27, 2016
People v. McNair
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? 		Oct. 27, 2016
People v. Quirino
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? 		Oct. 27, 2016
People v. Tapia
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? 		Oct. 27, 2016
People v. Valdez
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)? 		Oct. 27, 2016
Barbosa v. S.C. (People)
Order 		Oct. 27, 2016
Garcia v. S.C. (McDowell)
Order 		Oct. 27, 2016
Spokane Law Enforcement Credit Union v. Barker (In re Barker)
Debtor's acknowledgment of debt in bankruptcy schedule does not relieve creditor of affirmative duty to timely file proof of claim. 		Bankruptcy Oct. 27, 2016
Estate of Diaz v. City of Anaheim
Gang membership and drug use of man shot by officer has no bearing on officer's liability, meriting liability and damages bifurcation in civil trial. 		Evidence Oct. 27, 2016
People v. Lopez
'In re Arturo D.' remains good law, permitting officer's warrantless search of driver's purse for identification, warranting the reversal of the dismissal of case against driver. 		Criminal Law and Procedure Oct. 27, 2016
People v. Aguilar
Defendant unsuccessful in arguing that restitution order must be vacated because it lacks factual nexus to damage caused by his graffiti vandalism. 		Criminal Law and Procedure Oct. 27, 2016
People v. Navarette
Mexican murder conviction cannot count as 'strike' as elements of crime do not match CA definition of murder due to possibility of self-defense justification. 		Criminal Law and Procedure Oct. 27, 2016
Anderson v. Fitness International
Health club's slick shower surface, slanted near drains, does not amount to gross negligence; membership waiver is defense to ordinary negligence claims. 		Torts Oct. 27, 2016
People v. Lopez
Trial court has jurisdiction to recall sentences of juvenile nonhomicide offenders after their LWOP sentences had been modified pursuant to 'Graham v. Florida.' 		Juveniles Oct. 26, 2016
People v. Padilla
Life without parole sentence for juvenile offender imposed under SCOTUS 'Miller' decision must be reconsidered in light of recent 'Montgomery' decision addressing LWOP under Eighth Amendment. 		Constitutional Law Oct. 26, 2016
Wolf Metals Inc. v. Rand Pacific Sales Inc.
In case involving default judgment, debtor-company's president improperly named as additional judgment debtor based on 'alter ego' theory. 		Civil Procedure Oct. 26, 2016
Agricultural Labor etc. Board v. Superior Court
Attorney-client relationship exists between Cal. Agricultural Labor Relations Board and Board's general counsel; communications between parties in advance of injunction action protected from PRA request. 		Administrative Agencies Oct. 26, 2016
People v. Sotelo-Urena
Exclusion of expert testimony regarding homeless man's heightened perception of deadly threat resulted in prejudice, warrants reversal of murder conviction. 		Criminal Law and Procedure Oct. 26, 2016
Rollins v. SEIU-UHW
Union's failure to consider member's unique seniority agreement could constitute a breach of representative duty, meriting reversal of summary judgment in union's favor. 		Labor Law Oct. 26, 2016
Schwartz v. Arena Pharmaceuticals Inc.
Putative federal securities class action may proceed, where plaintiff properly pled scienter regarding pharmaceutical company's failure to disclose results of adverse animal studies. 		Securities Oct. 26, 2016
Shepard v. Quillen
Plaintiff-inmate wins reversal of summary judgment where genuine issue of material fact exists as to whether corrections lieutenant retaliated against inmate for reporting officer misconduct. 		Prisoners Rights Oct. 26, 2016
Millview Co. Water Dist. v. State Water Resources Control Board
Litigation securing appellate opinion on water rights does not merit private attorney general attorney fees as claimants' million dollar stakes do not 'transcend personal interest.' 		Attorneys Oct. 26, 2016
Khosh v. Staples Construction Co. Inc.
General contractor not liable for injuries suffered by independent contractor's employee on either retained control or nondelegable duty theories. 		Torts Oct. 26, 2016
Humboldt County Adult Protective Services v. Superior Court (Magney)
Attorney fees request under Health Care Decisions Law erroneously denied where county had no reasonable cause to invoke the Law. 		Health Care Oct. 25, 2016
D’Egidio v. City of Santa Clarita
Exclusivity provision of Outdoor Advertising Act does not preclude application of county or city billboard ordinances with respect to billboard erected when area was unincorporated. 		Municipal Law Oct. 25, 2016
People v. Wright
Speculative hebephilia diagnosis by expert psychologist who had no knowledge of victims' sexual development not enough to commit defendant to state hospital under Sexually Violent Predator Act. 		Criminal Law and Procedure Oct. 25, 2016
Mealing v. Diane Harkey for Board of Equalization 2014
Creditor seeking to collect judgment may not obtain restraining order barring payments to judgment debtor's wife where wife is not 'judgment debtor' under statute. 		Civil Procedure Oct. 25, 2016
Pierson v. Helmerich & Payne International Drilling Co.
Employer not liable for traffic collision caused by employee while driving co-workers to employer-paid hotel under the 'going and coming rule.' 		Torts Oct. 25, 2016
San Diegans for Open Government v. City of Oceanside
City council agenda note for consideration of proposed hotel project meets requirements of Brown Act by referencing development of city property and subsidy possibilities. 		Government Oct. 25, 2016
Goglin v. BMW of North America LLC
Consumer properly awarded attorney fees under Song-Beverly Act in connection with the purchase of a used BMW vehicle. 		Consumer Law Oct. 24, 2016
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