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Name Category Published
Almanor Lakeside Villas Owners Association v. Carson
$100,000 award of attorney fees and costs upheld where homeowner's association is prevailing party against homeowners under fees provision of Davis-Stirling Act. 		Real Property Apr. 21, 2016
New Cingular Wireless PCS LLC v. Public Utilities Commission of the State of California (The Utility Reform Network)
Court acknowledges CPUC's authority in awarding intervenor compensation, but nevertheless overturned award in connection with abandoned AT&T/T-Mobile proposed merger. 		Utilities Apr. 21, 2016
In re Johnson
In light of 'People v. Chiu,' defendant's conviction for first degree premeditated murder based on natural and probable consequences theory of aiding and abetting vacated. 		Criminal Law and Procedure Apr. 21, 2016
Harris v. Arizona Independent Redistricting Commission
Arizona's redistricting plan for the state's legislature upheld where efforts reflected compliance with Voting Rights Act and despite 'minor' 8.8 percent deviation from absolute equality. 		Constitutional Law Apr. 21, 2016
Bank Markazi v. Peterson
Central Bank of Iran unsuccessful in using separation of powers doctrine as a shield against enforcement proceedings against its assets to satisfy state-sponsored terrorist judgments against Iran. 		Constitutional Law Apr. 21, 2016
Molina-Martinez v. United States
Courts reviewing sentencing errors cannot apply categorical rule requiring additional evidence when district court applies incorrect range but nevertheless sentences defendant within correct range. 		Criminal Law and Procedure Apr. 21, 2016
U.S. Onuoha
Potentially excessive expert-recommended dosage fails to satisfy 'Sell' factor requiring that involuntary medication, to render defendant fit for trial, be in defendant's 'best medical interest.' 		Criminal Law and Procedure Apr. 21, 2016
Yamada v. Nobel Biocare Holding AG
Judicial efficiency eclipsed defendant's fundamental right to inspect and challenge documents supporting fee award, requiring vacatur and remand of award. 		Torts Apr. 21, 2016
U.S. v. Diaz
Reduction of prior felony conviction to misdemeanor under Proposition 47 does not affect federal sentence enhancement of life imprisonment that is based on that conviction. 		Criminal Law and Procedure Apr. 21, 2016
People v. Reid
Multiple counts of grand theft permissible notwithstanding 'Bailey' rule where defendant removed several urns from mausoleum to sell as scrap metal. 		Criminal Law and Procedure Apr. 21, 2016
People v. Nicholes
Gang enhancements stricken where prosecution's gang expert's testimony insufficient to meet requirement under 'People v. Prunty' regarding gang subsets. 		Criminal Law and Procedure Apr. 21, 2016
Hughes v. Talen Energy Marketing LLC
Maryland's energy regulatory program preempted because it impermissibly sets wholesale rate, contravening Federal Power Act's division of authority between state and federal regulators. 		Administrative Agencies Apr. 20, 2016
Franchise Tax Board of California v. Hyatt
Nevada unconstitutionally applied 'special rule' in allowing award of damages against California to exceed $50,000 maximum, evincing policy of hostility toward California. 		Constitutional Law Apr. 20, 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 Apr. 20, 2016
People v. Jimenez
Man convicted of sexually penetrating unconscious niece fails to overturn convictions by attacking trial court's instructions regarding victim's character. 		Criminal Law and Procedure Apr. 20, 2016
People v. Lucero
Appropriate for trial court to instruct jury not to consider voluntary intoxication evidence in relation to firearm-use enhancements, as the enhancements required only general intent. 		Criminal Law and Procedure Apr. 20, 2016
People v. Grays
Refusal to provide Penal Code Section 198.5 jury instruction regarding unwanted intruders in one's residence was erroneous, but harmless. 		Criminal Law and Procedure Apr. 19, 2016
Welch v. U.S.
U.S. Supreme Courts decides retroactivity of 'Johnson,' which altered what and whom may be punished under Armed Criminal Career Act's 15-year mandatory minimum sentence. 		Criminal Law and Procedure Apr. 19, 2016
In re Isabella G.
Reversal and remand required when court erroneously declines to apply the relative placement preference under Welfare and Institutions Code Section 361.3. 		Juveniles Apr. 19, 2016
People v. Dunley
Mentally-disordered offenders are similarly situated with NGIs and SVPs with respect to testimonial privilege provided for in Penal Code Section 1026.5(b)(7). 		Criminal Law and Procedure Apr. 19, 2016
Lopez v. Watchtower Bible and Tract Society of New York Inc.
Trial court lacked authority to issue terminating sanctions due to noncompliance with discovery order compelling production of 'managing agent' that turned out to be invalid. 		Civil Procedure Apr. 18, 2016
People v. Cardona
Kill zone instruction inappropriate when defendant's shot was primarily motivated by self-defense during course of ill-fated robbery. 		Criminal Law and Procedure Apr. 18, 2016
Vergara v. State of California (California Teachers Association)
Trial court erroneously declares California's current tenure, dismissal, and layoff statutes facially unconstitutional despite plaintiff's lack of showing demonstrating equal protection violation. 		Education Apr. 18, 2016
DP Pham LLC v. Cheadle
Denial of motion to disqualify attorney due to improper use of privileged communications is overturned where trial court erroneously reviewed contents of communications to determine whether privilege applied. 		Attorneys Apr. 18, 2016
Chavez v. Robinson
Dismissal of pro se claim on qualified immunity grounds is error when it is not clear plaintiff can present no evidence to overcome the defense. 		Civil Rights Apr. 18, 2016
In re Mark C.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? 		Apr. 15, 2016
People v. Dazo
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? 		Apr. 15, 2016
People v. Garcia
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)? 		Apr. 15, 2016
People v. Weddington
Trial court has no duty to sua sponte instruct on lesser included offense of misdemeanor evading where there was no evidence defendants committed the misdemeanor, but not felony, evading. 		Criminal Law and Procedure Apr. 15, 2016
People v. Granados
Was the jury properly instructed on the "kill zone" theory of attempted murder? 		Apr. 15, 2016
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