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Name Category Published
California Dept. of Justice v. Board of Administration of California Public Employees’ Retirement System (Resendrez)
DOJ must reinstate peace officer without conditions after CalPERS determined she was no longer incapacitated and was, therefore, eligible for reinstatement. 		Employment Law Nov. 16, 2015
People v. Morris
Where former statute allowed for excess custody credits to apply to restitution fines at time of defendant's offense, said provision applies, though subsequent amendment proscribes such application. 		Criminal Law and Procedure Nov. 16, 2015
Cooper v. Bettinger
Renewal of Cal. Code Civil Procedure Section 527.6(j)(1) civil harassment restraining order is not automatic; court has discretion over whether to renew and duration. 		Civil Procedure Nov. 16, 2015
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster. 		Workers' Compensation Nov. 16, 2015
Carloss v. County of Alameda
Survivor may pursue claim for excess proceeds from mother's tax-defaulted property even in absence of recorded grant deed. 		Real Property Nov. 16, 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. 16, 2015
Patrick F., a Minor
Juvenile's probation condition requiring submission of 'any electronics and passwords' is overbroad and requires modification stating what specifically is subject to search. 		Juveniles Nov. 16, 2015
USA v. Gasca-Ruiz
Order 		Nov. 16, 2015
NLRB v. Fresh & Easy Neighborhood Market Inc.
Service of subpoena upon Fresh & Easy Neighborhood Market is defective, but subpoena upheld because Fresh & Easy not excused from filing petition to revoke it. 		Labor Law Nov. 16, 2015
Whole Woman's Health, et al. v. Cole, Comm'r, TX DHS
(a) When applying applicable standard, does a court err by refusing to consider whether and to what extent laws that restrict abortion for the stated purpose of promoting health actually serve the government's interest in promoting health? (b) Did the Fifth Circuit err in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State's interest in promoting health-or any other valid interest? 		Nov. 16, 2015
Elnaggar v. Irvine Company
Order 		Nov. 13, 2015
People v. Carothers
Are the conditions of probation mandated by Penal Code section 1203.067(b), for persons convicted of specified felony sex offenses - including waiver of the privilege against self-incrimination, required participation in polygraph examinations, and waiver of the psychotherapist-patient privilege - constitutional? 		Nov. 13, 2015
People v. Jones
Is a total term of imprisonment of 50 years to life for murder committed by a 16-year-old offender the functional equivalent of life without possibility of parole by denying the offender a meaningful opportunity for release on parole? If so, does the sentence violate the Eighth Amendment absent consideration of the mitigating factors for juvenile offenders set forth in Miller v. Alabama (2012) 567 U.S. __ [132 S.Ct. 2455]? Did Senate Bill 260 (Reg. Sess. 2013-2014), which includes provisions for a parole suitability hearing after a maximum of 25 years for most juvenile offenders servin 		Nov. 13, 2015
People v. Lopez
May law enforcement officers conduct a search incident to the authority to arrest for a minor traffic offense, so long as a custodial arrest (even for an unrelated crime) follows? Did Riley v. California (2014) require the exclusion of evidence obtained during the warrantless search of the suspect's cell phone incident to arrest, or did the search fall within the good faith exception to the exclusionary rule (see Davis v. United States (2011)) in light of People v. Diaz (2011)? 		Nov. 13, 2015
People v. Nava
Is a total term of imprisonment of 50 years to life for murder committed by a 16-year-old offender the functional equivalent of life without possibility of parole by denying the offender a meaningful opportunity for release on parole? If so, does the sentence violate the Eighth Amendment absent consideration of the mitigating factors for juvenile offenders set forth in Miller v. Alabama (2012)? Senate Bill 260, render moot any claim that such a sentence violates the Eighth Amendment? 		Nov. 13, 2015
People v. Poor
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 retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)? 		Nov. 13, 2015
People v. Smith
Order 		Nov. 13, 2015
People v. Diaz
Is a total term of imprisonment of 50 years to life for murder committed by a 16-year-old offender the functional equivalent of life without possibility of parole by denying the offender a meaningful opportunity for release on parole? If so, does the sentence violate the Eighth Amendment absent consideration of the mitigating factors for juvenile offenders set forth in Miller v. Alabama (2012)? Did Senate Bill 260 render moot any claim that such a sentence violates the Eighth Amendment? 		Nov. 13, 2015
People v. Goethe
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004) 541 U.S. 36)? 		Nov. 13, 2015
People v. Grewell
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? 		Nov. 13, 2015
Eno v. Jewell
Order 		Administrative Agencies Nov. 13, 2015
Pollinator Stewardship Council v. U.S. EPA
EPA's approval of insecticide containing sulfoxaflor vacated and remanded to agency, as underlying studies are flawed and no additional studies were submitted. 		Environmental Law Nov. 13, 2015
Jones v. Davis
Claim that excessive delay in imposing death penalty violates Eighth Amendment is barred because it asks court to apply novel constitutional issue. 		Criminal Law and Procedure Nov. 13, 2015
People v. Endicott
(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? 		Nov. 13, 2015
People v. Nilsson
Aggravated white collar crime enhancement improperly imposed where prosecutor failed to plead two felonies were related. 		Criminal Law and Procedure Nov. 13, 2015
People v. Gonzales
Grandson ineligible to reclassify felony conviction to misdemeanor shoplifting where his theft of grandmother's checks does not meet 'nonconsensual taking' element of larceny. 		Criminal Law and Procedure Nov. 13, 2015
People v. Villasenor
Continuing interrogation after defendant invokes right to remain silent violates 'Miranda,' but overwhelming evidence of guilt renders error harmless. 		Criminal Law and Procedure Nov. 13, 2015
People v. Carson
May law enforcement officers conduct a search incident to the authority to arrest for a minor traffic offense, so long as a custodial arrest (even for an unrelated crime) follows? Did Riley v. California (2014) require the exclusion of evidence obtained during the warrantless search of the suspect's cell phone incident to arrest, or did the search fall within the good faith exception to the exclusionary rule (see Davis v. United States (2011)) in light of People v. Diaz (2011)? 		Nov. 13, 2015
Marriage of Bonvino
If property is acquired during marriage with both separate and community funds, transmutation requirements must be satisfied before reimbursement provisions apply. 		Family Law Nov. 12, 2015
In re Albert C.
Where trial court considers (and rejects) developmental immaturity as potential basis for juvenile's incompetence, there is no misapplication of an adult competence standard. 		Juveniles Nov. 12, 2015
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