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People v. Quiroz
A trial court does not have jurisdiction to convene a competency hearing after a state hospital certifies that an involuntarily confined defendant is not likely to regain competence.
Criminal Law and Procedure Feb. 24, 2016
Macy v. City of Fontana
City and redevelopment agency exist as separate entities; demurrer properly granted to city in action brought by resident first against redevelopment agency, and then against city.
Municipal Law Feb. 24, 2016
In re Andres
Order granting habeas corpus petition affirmed where inmate timely filed appeal and was not required to use any specific mail procedure in filing appeal.
Criminal Law and Procedure Feb. 24, 2016
Moiser v. Stonefield Josephson
Summary judgment in favor of auditors upheld where receiver of company that was defrauded in Ponzi scheme cannot prove causation on tort claims.
Torts Feb. 24, 2016
In re Kirchner
Defendant, sentenced as a juvenile to life without possibility of parole, must pursue remedy providing opportunity for parole hearing before resorting to habeas relief.
Criminal Law and Procedure Feb. 24, 2016
Pipitone v. Williams
No triable issue in wrongful death action as to duty to report suspected abuse, where evidence shows only that consulted doctors may have had reason to 'speculate' as to potential abuse of woman who was subsequently murdered by her husband.
Torts Feb. 24, 2016
People v. Masters
Defendant's claims of error rejected; judgment of death for first degree murder of correctional officer affirmed in its entirety.
Criminal Law and Procedure Feb. 23, 2016
Bennett v. Bank Melli
Foreign Sovereign Immunities Act and Terrorism Risk Insurance Act allow judgment creditors to pursue Iran's national bank to collect on unsatisfied judgment for state-sponsored terrorist attacks.
Remedies Feb. 23, 2016
U.S. ex rel. Adams v. Aurora Loan Services Inc.
Fannie Mae and Freddie Mac are not officers, employees, or agents of the federal government for purposes of the False Claims Act.
Government Feb. 23, 2016
Gilman v. Brown
California inmates unsuccessfully challenged two voter-passed Propositions that amended the state's parole system on ex post facto grounds.
Prisoners Rights Feb. 23, 2016
Kao v. California Dept. of Corrections and Rehabilitation
Inmate, seeking to compel processing of his disciplinary appeal, successful in reversing denial of petition for writ of mandate for untimeliness.
Criminal Law and Procedure Feb. 23, 2016
Gilkyson v. Disney Enterprises Inc.
Continuous accrual doctrine revives songwriter Terry Gilkyson's heirs' lawsuit against Disney over royalties in connection with 'The Jungle Book' songs.
Contracts Feb. 23, 2016
Oregon Rest. & Lodging Ass'n v. Perez
Department of Labor's rule promulgated in response to 2010 appellate opinion interpreting statutory silence within Fair Labor Standards Act is not foreclosed by that opinion; is entitled to 'Chevron' deference.
Labor Law Feb. 23, 2016
People v. Perry
In petition for resentencing under Proposition 47, resentencing court properly declined People's request to invalidate plea agreement and reinstate previously dismissed charges against petitioner.
Criminal Law and Procedure Feb. 22, 2016
In re Kocontes
Petition for writ of habeas corpus denied; collateral estoppel does not bar new complaint filed after dismissal of prior complaint alleging same offense.
Criminal Law and Procedure Feb. 22, 2016
Marriage of Shimkus
Failure to issue statement of decision regarding request to terminate spousal support warranted reversal although material change in circumstances may justify termination.
Family Law Feb. 22, 2016
Hill v. Superior Court (Staggers, Jr.)
Reversal required where court wrongly concludes double damages under Probate Section 859 are prohibited punitive damages.
Remedies Feb. 22, 2016
People v. Navarro
Unclear parole condition forbidding 'undetected Internet browsing' and use of certain email providers deemed unconstitutionally vague.
Constitutional Law Feb. 22, 2016
Construction Industry Force Account Council Inc. v. Ross Valley Sanitary District
Sanitary District need not comply with Public Contract Code's competitive bidding process to complete 'pipebusting' work using in-house employees.
Contracts Feb. 22, 2016
People v. Hudson
Court permitted to determine whether defendant's convictions for simple drug possession were for personal use in order to assess eligibility for drug treatment probation.
Criminal Law and Procedure Feb. 22, 2016
People v. Banuelos
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, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)?
Feb. 19, 2016
People v. Campbell
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), 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?
Feb. 19, 2016
People v. Carver
Order
Feb. 19, 2016
People v. Ceja
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply 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, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Feb. 19, 2016
People v. Cook
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, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)?
Feb. 19, 2016
People v. Diaz
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18, subdivision (d), upon resentencing under Proposition 47?
Feb. 19, 2016
People v. Dokins
(1) Did defendant's sentence of 50 years to life for a homicide committed when he was a juvenile violate the Eighth Amendment? (2) Was the first issue rendered moot by the enactment of Penal Code section 3051?
Feb. 19, 2016
The People ex rel. Government Employees Insurance Co. v. Cruz
Trial court improperly binds insurer to certain interrogatory responses, allowing doctor to prevail on summary judgment in alleged insurance fraud conspiracy.
Insurance Feb. 19, 2016
People v. Brown
Defendant entitled to resentencing of felony conviction of receiving stolen property under Proposition 47, notwithstanding conviction was obtained pursuant to plea agreement.
Criminal Law and Procedure Feb. 19, 2016
People v. Gallardo
Is the trial court's decision that defendant's prior conviction constitutes a strike incompatible with Descamps v. U.S. (2013) 570 U.S. __ (133 S.Ct. 2276) when it relied on judicial factfinding beyond the elements of the actual prior conviction?
Feb. 19, 2016