| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S230957
|
People v. Maita
Whether, in light of an amendment to Health and Safety Code section 11379 defining "transports" as transportation for sale (Stats. 2013, ch. 504, § 2), defendant's sentence was improperly enhanced with a prior conviction for transporting a controlled substance. |
|
Feb. 19, 2016 | ||
|
S230923
|
In Re Ricardo P.
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? |
|
Feb. 19, 2016 | ||
|
S231790
|
People v. Avila
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 | ||
|
S218973
|
Yvanova v. New Century Mortgage Corp.
In wrongful nonjudicial foreclosure action, borrower has standing to challenge assignment of note and deed of trust based on alleged defects rendering assignment void. |
Real Property |
|
Feb. 19, 2016 | |
|
S024046
|
People v. O’Malley
Defendant's allegations of error rejected; judgment of death for first-degree murders affirmed. |
Criminal Law and Procedure |
|
Feb. 19, 2016 | |
|
S217763
|
Center for Biological Diversity v. Cal. Dept. Fish & Wildlife (The Newhall Land and Farming Co.)
Department of Fish & Wildlife abuses its discretion by making a determination without the support of substantial evidence regarding proposed development's greenhouse gas emissions. |
Environmental Law |
|
Feb. 19, 2016 | |
|
12-72099
|
Pena v. Lynch
Court lacks jurisdiction to review petitioner's challenge to expedited removal proceedings in view of jurisdiction-stripping provisions of 8 U.S.C. Section 1252(a)(2)(A). |
Immigration |
|
Feb. 19, 2016 | |
|
13-17603
|
Sifuentes v. Brazelton
Convicted murderer not entitled to habeas relief where California appellate court's rejection of 'Batson' claims were not objectively unreasonable under doubly-deferential standard of review. |
Criminal Law and Procedure |
|
Feb. 19, 2016 | |
|
C071197
|
Picerne Construction Corp. v. Castellino Villas
Foreclosure of mechanic's lien upheld where contractor timely records lien based on 'actual,' not 'substantial' completion of work of improvement. |
Remedies |
|
Feb. 19, 2016 | |
|
E052297
|
People v. Goolsby
Double jeopardy bars retrial of charge, on which jury was instructed but did not return verdict, believing said charge to be a lesser included offense of convicted crime. |
Criminal Law and Procedure |
|
Feb. 19, 2016 | |
|
A143734
|
Nicole H., a Minor
Delinquent's placement in group home located hours away from father's home contravenes statutory directive requiring consideration of proximity to parent's home, warranting reversal. |
Juveniles |
|
Feb. 18, 2016 | |
|
14-55102
|
Mena v. Long
'Rhines v. Weber' stay and abeyance procedure is not limited to habeas petitions raising exhausted and unexhausted claims; also applies to fully unexhausted petitions. |
Criminal Law and Procedure |
|
Feb. 18, 2016 | |
|
15-1142
|
In re Chagolla
Court errs in denying, as untimely, chapter 13 debtors' motion to value and avoid junior lien brought after discharge and closing of case. |
Bankruptcy |
|
Feb. 18, 2016 | |
|
C079049
|
People v. ZarateCastillo
Misclassification of certain child sexual abuse offenses as general intent crimes does not warrant reversal of uncle's convictions for molesting young victim. |
Criminal Law and Procedure |
|
Feb. 18, 2016 | |
|
11-56986
|
Sarver v. Chartier
Army Sergeant's 'right of publicity' claim relating to Oscar-winning film 'The Hurt Locker' properly dismissed pursuant to California's anti-SLAPP statute. |
Civil Procedure |
|
Feb. 18, 2016 | |
|
12-15080
|
Kirkpatrick v. County of Washoe
Order |
|
Feb. 18, 2016 | ||
|
14-30132
|
U.S. v. Eglash
Mail fraud conviction based on notice of disability award affirmed but mail fraud conviction based on summary of defendant's fraudulent statements reversed. |
Criminal Law and Procedure |
|
Feb. 18, 2016 | |
|
96-99025
|
Smith v. Schriro
Order |
|
Feb. 18, 2016 | ||
|
S231744
|
People v. Roberts
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. 18, 2016 | ||
|
S231791
|
People v. Salgado
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. 18, 2016 | ||
|
S231704
|
People v. Sirman
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. 18, 2016 | ||
|
S231334
|
York v. S.C. (City of Fullerton)
Order |
|
Feb. 18, 2016 | ||
|
S231723
|
People v. Gaines
(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? |
|
Feb. 18, 2016 | ||
|
S231171
|
People v. Gonzales
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, § 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? |
|
Feb. 18, 2016 | ||
|
S231447
|
Gehron v. Bank of America
In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void? |
|
Feb. 18, 2016 | ||
|
S231459
|
Gehron v. Nicholas
In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void? |
|
Feb. 18, 2016 | ||
|
S231428
|
In Re Patrick F.
Order |
|
Feb. 18, 2016 | ||
|
S231740
|
People v. Jimenez
(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. 18, 2016 | ||
|
S230948
|
People v. Peacock
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. 18, 2016 | ||
|
12-17718
|
Haeger v. Goodyear Tire & Rubber Co.
After negligence case settles, likely due to serious discovery misconduct, district court may employ its inherent powers to apply discovery sanctions, even where statutes and rules provide similar sanctioning methods. |
Attorneys |
|
Feb. 17, 2016 |