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Name Category Published
People v. Santos
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code § 1170.18(c)) under Proposition 47 on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (§ 1170.126)?
May 13, 2016
People v. Shorter
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e(d)?
May 13, 2016
People v. Sotelo
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
May 13, 2016
People v. White
Does the Safe Neighborhood and Schools Act (Proposition 47), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date?
May 13, 2016
People v. Williams
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
May 13, 2016
McClatchy v. Coblentz, Patch, Duffy & Bass LLP
Law firm successfully quashes service of amended petition substituting it as Doe defendant involving trust dispute.
Probate and Trusts May 12, 2016
Monroy v. Lynch
Order
Immigration May 12, 2016
SSA Terminals and Homeport Insurance Co. v. Carrion
Injured worker prevails where administrative law judge uses wrong inquiry when determining whether worker's injury is temporary or permanent.
Workers' Compensation May 12, 2016
Stetson v. Grissom
Award of attorney fees and costs vacated and case reassigned where court abuses its discretion in failing to specify reasons for drastic reduction of requested fees.
Attorneys May 12, 2016
People v. Lameed
Involuntary administration of antipsychotic medicine does not invoke USSC 'Sell' factors where purpose of administration was defendant's safety and not to render defendant fit for trial.
Constitutional Law May 12, 2016
People v. Grayson
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
May 12, 2016
In Re F.T.
Does a parent's failure to appeal from a juvenile court order finding that notice under the Indian Child Welfare Act was unnecessary preclude the parent from subsequently challenging that finding more than a year later in the course of appealing an order terminating parental rights?
May 12, 2016
In Re R.R.
Does a parent's failure to appeal from a juvenile court order finding that notice under the Indian Child Welfare Act was unnecessary preclude the parent from subsequently challenging that finding more than a year later in the course of appealing an order terminating parental rights?
May 12, 2016
People v. Jasso
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
May 12, 2016
People v. Jones
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
May 12, 2016
King (Terrance) on H.C.
Order
May 12, 2016
People v. King
Order
May 12, 2016
People v. Lateano
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
May 12, 2016
People v. Mendoza
Does Proposition 47apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 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?
May 12, 2016
People v. Quair
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
May 12, 2016
People v. Rodriguez
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
May 12, 2016
Gerawan Farming Inc. v. Agricultural Labor Relations Board et al.
California Labor Code Section 1164.9, which purports to eliminate superior court jurisdiction to review decisions of Agricultural Labor Relations Board, is unconstitutional.
Labor Law May 11, 2016
People v. Butcher
Defendant properly sentenced to state prison - not county jail - for felony evading where Legislature clearly considers offense not to be low-level felony subject to Realignment Act.
Criminal Law and Procedure May 11, 2016
People v. Abdallah
One year enhancement under Penal Code Section 667.5(b) inapplicable where court recalls felony conviction and resentences defendant under Proposition 47 before sentencing on current case.
Criminal Law and Procedure May 11, 2016
U.S. v. Inouye
No abuse of discretion in setting restitution at eight percent of defendant's gross monthly income in connection with revocation of supervised release.
Criminal Law and Procedure May 11, 2016
Delaware Tetra Technologies Inc. v. County of San Bernardino (Santa Margarita Water District)
County of San Bernardino need not conduct full CEQA environmental review before executing memorandum of understanding over proposed project concerning underground aquifer in Mojave Desert.
Environmental Law May 11, 2016
Center for Biological Diversity et al. v. County of San Bernardino et al. (Cadiz Inc. et al.)
Environmental groups unsuccessful in challenging, via petition for writ of mandate, approval of project to pump fresh groundwater from Mojave Desert aquifer.
Environmental Law May 11, 2016
Certain Underwriters at Lloyds London v. Arch Specialty Insurance Co.
Co-insurer is entitled to equitable contribution for defense costs from co-insurer where the latter's 'other insurance' clause amounted to 'escape' clause disfavored by public policy.
Insurance May 11, 2016
People v. Wade
Defendant carries a firearm 'on his person' within Penal Code Section 25850(a)'s meaning if he is wearing backpack containing firearm.
Criminal Law and Procedure May 10, 2016
People v. Cortez
Murder convictions, reversed on appeal, reinstated where trial court commits no error relating in part to prosecutor's comments on reasonable doubt standard.
Criminal Law and Procedure May 10, 2016