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Name Category Published
County of Los Angeles v. Superior Court
Forms used when Sheriff's Department impounds cars, which bear owners' addresses gleaned from DMV records, are exempted from disclosure under Cal. Public Records Act. 		Administrative Agencies Nov. 23, 2015
San Diegans for Open Government v. City of San Diego
San Diegans for Open Government fail in challenge to City of San Diego's lease-back financing plan to fund public infrastructure improvements. 		Municipal Law Nov. 23, 2015
In re K.M.
Postjudgment consideration of new ICWA evidence, after trial court issued termination order without properly considering Indian heritage, exceeds court's jurisdiction. 		Dependency Nov. 23, 2015
King v. State
Lack of substantial evidence requires reversal of Bane Act claim against CHP officer; unreasonable detention and search claim affirmed. 		Criminal Law and Procedure Nov. 20, 2015
In re Martinez
Warden cannot validate prisoner as Mexican Mafia associate for participating in protest absent any 'direct link' between prisoner and gang affiliate who allegedly ordered the protest. 		Criminal Law and Procedure Nov. 20, 2015
People v. Eandi
Was defendant eligible for resentencing on felony conviction for willful failure to appear after release on own recognizance pending trial of felony drug offense when superior court reclassified conviction for drug offense as misdemeanor under Proposition 47? 		Nov. 20, 2015
People v. Perez
Was the defendant eligible for resentencing on a felony conviction for willful failure to appear after release on own recognizance pending trial of a felony drug offense when the superior court reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47? 		Nov. 20, 2015
People v. Hargis
Multiple issues presented, including, whether total term of imprisonment of 50 years to life for murder committed by 16-year-old offender is functionally equivalent to life without possibility of parole by denying the offender meaningful opportunity for release on parole? And, if so, does sentence violate 8th Amendment absent consideration of mitigating factors set forth in Miller v. Alabama? Also, did Senate Bill 260 render Eighth Amendment claims moot? 		Nov. 20, 2015
People v. Owens
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)? 		Nov. 20, 2015
People v. Pinon
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? 		Nov. 20, 2015
People v. Sarwar
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? 		Nov. 20, 2015
U.S. v. Garcia-Jimenez
Prior conviction for aggravated assault under New Jersey law is not a 'crime of violence' under U.S.S.G.; court errs in applying 16 level enhancement. 		Immigration Nov. 20, 2015
Bringas-Rodriguez v. Lynch
Homosexual man not entitled to asylum absent showing that Mexican government was unwilling or unable to offer him protection against rapists. 		Immigration Nov. 20, 2015
Carpenter v. Montana Dept. of Labor and Industry Unemployment Insurance Contributions Bureau (In re Carpenter)
Montana's tax claim for unpaid corporate taxes takes priority status in corporate officers' personal bankruptcy case. 		Bankruptcy Nov. 20, 2015
Reza v. Pearce
Arizona Senator violates protester's First Amendment rights by banning him from state Senate building; court errs by granting Senator qualified immunity on summary judgment. 		Civil Rights Nov. 20, 2015
T.B. v. San Diego Unified School District
Where district's settlement offer is not more favorable than ultimate relief obtained, special education student can receive attorney fees under Individual with Disabilities Education Act. 		Education Nov. 20, 2015
Young’s Market Co. v. Superior Court (San Diego Unified School District)
Trial court properly granted school district's petition for order to enter land adjacent to elementary school to conduct environmental testing because temporary intrusion does not constitute compensable taking. 		Real Property Nov. 20, 2015
People v. McGowan
Per Penal Code Section 991, arraigning court may dismiss individual charges from complaint, rather than all or none. 		Criminal Law and Procedure Nov. 20, 2015
Brinkley v. Monterey Financial Services
Unconscionable fee and cost provision can be severed from parties' arbitration agreement; reversal required to allow arbitrator to decide arbitrability of class claims. 		Contracts Nov. 20, 2015
People v. Hanson
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)? 		Nov. 20, 2015
S.F. Baykeeper v. Cal. State Lands Com. (Hanson Marine Operations Inc., et al.)
Cal. State Lands Commission's failure to comply with public trust doctrine when approving mining project requires partial reversal and remand. 		Environmental Law Nov. 19, 2015
Harris v. Superior Court (People)
People may reinstate original robbery charge and related allegations following change in law that undermined fundamental assumption of plea bargain. 		Criminal Law and Procedure Nov. 19, 2015
Sterling v. Sterling
Donald Sterling was properly removed as trustee from family trust due to incapacity and cannot 'undo' sale of Los Angeles Clippers. 		Probate and Trusts Nov. 18, 2015
Batten v. WCAB, Long Beach Memorial
Workers' Compensation Appeals Board properly excluded petitioner's privately retained expert's opinion as barred under Labor Code Section 4061(i). 		Workers' Compensation Nov. 18, 2015
I.R. v. Los Angeles Unified School District
LAUSD violates Education Code in failing to promptly initiate due process hearing when it reached impasse with parent regarding child's placement in special education environment. 		Education Nov. 18, 2015
People v. Lee
Man who assaulted panhandler fails to overturn conviction with 'fruit of poisonous tree' argument, where challenged search warrant underlying assertion was erroneously quashed. 		Criminal Law and Procedure Nov. 17, 2015
People v. Romanowski
Proposition 47 reduces theft of access card information under Cal. Penal Code Section 484e(d) to a misdemeanor, provided stolen property is valued less than $950. 		Criminal Law and Procedure Nov. 17, 2015
Underwriters of Interest v. ProBuilders Specialty Ins. Co.
Insurer entitled to seek equitable contribution from coinsurer despite 'escape clause' relieving coinsurer of duty to defend when other insurance is available. 		Insurance Nov. 17, 2015
In re A.O.
Where trial court does not advise mother of right to appeal at time of dispositional ruling, untimely filing of appeal may be excused and merits of appeal may be heard. 		Dependency Nov. 17, 2015
Maldonado v. U.S.
Order 		Nov. 17, 2015
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