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Name Category Published
In re Alexander P.
Family court divested of jurisdiction regarding parentage once dependency petition filed, and therefore juvenile court erroneous in concluding it is bound by family court's findings on such issue. 		Juveniles Oct. 24, 2016
Alaska Oil and Gas Ass’n v. Pritzker
NMFS listing of polar seal population as endangered species based on predictive 100-year model of climate change not an 'arbitrary and capricious' decision. 		Environmental Law Oct. 24, 2016
SunEarth Inc. v. Sun Earth Solar Power Co.
Recent U.S. Supreme Court decisions altering how courts should analyze requests for attorney fees under Lanham Act require use of 'totality of the circumstances' test. 		Attorneys Oct. 24, 2016
Tellez v. Lynch
For purpose of reinstating removal order, alien 'reentered' U.S. when she was previously removed at border-crossing checkpoint. 		Immigration Oct. 24, 2016
Minnegren v. Nozar
Plaintiff in two-car collision unsuccessful in overturning judgment for defendant where substantial evidence supports jury verdict that defendant was not negligent. 		Torts Oct. 24, 2016
Alki Partners v. DB Fund Services
Failure to calculate net asset values for hedge fund not breach of contract, as portfolio manager witheld information of confidential settlement necessary to calculate values. 		Contracts Oct. 24, 2016
NewGen LLC v. Safe Cig LLC
Challenge to default judgment as void for lack of subject matter jurisdiction unsuccessful where court properly allows amendment of complaint to cure inadequately pled jurisdiction. 		Civil Procedure Oct. 23, 2016
Williams v. Johnson
Under AEDPA, convicted murderer's habeas petition for Sixth Amendment violation, based on anti-prosecution-biased juror being dismissed for unwillingness to follow law, fails. 		Constitutional Law Oct. 23, 2016
People v. Cady
Driver obtains reversal of one of his drunk driving convictions where one was a lesser included offense of the other. 		Criminal Law and Procedure Oct. 23, 2016
United States v. Doe
Order 		Criminal Law and Procedure Oct. 23, 2016
People v. Superior Court (Rangel)
Offender not entitled to apply excess postsentence custody credits to reduce or eliminate his mandatory period of community supervision following resentencing under Prop. 36. 		Criminal Law and Procedure Oct. 23, 2016
People v. Johnson
Trial court errs by not instructing jury on prior convictions for manslaughter and hit and run in retrial for second degree murder charge in same case. 		Criminal Law and Procedure Oct. 23, 2016
Moore v. Mercer
Trial court has discretion to exclude evidence of amount medical finance company pays for lien where evidence is minimally probative and requires litigation of collateral issues. 		Evidence Oct. 23, 2016
People v. Abarca
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? 		Oct. 21, 2016
People v. Burris
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)? 		Oct. 21, 2016
People v. Castillo
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? 		Oct. 21, 2016
People v. Frierson
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.) 		Oct. 20, 2016
Liberty Surplus Insurance v. Ledesma and Meyer Construction
Whether there is an 'occurrence' under an employer's commercial general liability policy when an injured third party brings claims against the employer for the negligent hiring, retention, and supervision of the employee who intentionally injured the third party. 		Insurance Oct. 20, 2016
In re Ana C.
(1) Are probation conditions prohibiting defendant from: (a) "owning, possessing or having in his custody or control any handgun, rifle, shotgun or any firearm whatsoever or any weapon that can be concealed on his person"; and (b) "using or possessing or having in his custody or control any illegal drugs, narcotics, narcotics paraphernalia without a prescription," unconstitutionally vague? (2) Is an explicit knowledge requirement constitutionally mandated? 		Oct. 20, 2016
People v. Knight
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)? 		Oct. 20, 2016
People v. Martinez
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. 20, 2016
People v. McCaw
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? 		Oct. 20, 2016
People v. Sanders
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. 20, 2016
People v. Stout
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. 20, 2016
People v. Smith
Order 		Oct. 20, 2016
Guardianship v. P. (Wilder)
Order 		Oct. 20, 2016
Mendez-Garcia v. Lynch
Petitioners properly denied relief from removal because their children no longer met statutory definition of child or had other qualifying relative when their application was decided. 		Immigration Oct. 20, 2016
Gonzales v. CarMax
List of inspected car parts without description of component status not a proper 'inspection report' under Vehicle Code requirements to sell used car as 'certified.' 		Statutory Interpretation Oct. 20, 2016
ONDA v. Jewell
Challengers to wind turbine project in Oregon win partial victory due to failure to consider project's impact on sage grouse bird during winter months. 		Environmental Law Oct. 20, 2016
Bonilla v. Lynch
Exercise of jurisdiction over petition for review of motion to reopen 'sua sponte' deportation order results in remand after Board of Immigration Appeals commits legal error. 		Immigration Oct. 20, 2016
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