California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE v. GALLAGHER
Dec 28, 2011
The question before this court is whether the People are entitled to appeal an order granting a motion to suppress evidence where, prior to the filing of the appeal, the misdemeanor case was dismissed pursuant to Penal Code[1] section 1385 at the People's request. We conclude…
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SANTA CRUZ v. CIVIL SERVICE COMMISSION OF SANTA CRUZ
Dec 28, 2011
The Santa Cruz County Sheriff, Steve Robbins (the Sherriff), demoted Sergeant George B. Jack for his conduct during an internal investigation of a female subordinate's gender harassment claim against him. George appealed to the Santa Cruz County Civil Service Commission (the …
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CHRISTENSEN v. SMITH
Dec 28, 2011
Ted E. Christensen and his wife, Eve L. Christensen, appeal from a judgment denying their petition to vacate or correct an arbitration award in favor of William W. Smith, Jr., and granting Smith's petition to confirm the award. The Christensens contend the arbitrator made err…
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BUILDING INDUSTRY ASSOCIATION OF CENTRAL CALIFORNIA v. CITY OF PATTERSON Part-II
Dec 28, 2011
Morrison Homes, Inc. (Developer) obtained a development agreement and tentative subdivision maps for the construction of two residential subdivisions in Patterson, California. At the time those documents were approved, the City of Patterson (City)[1] allowed developers to pay a f…
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BUILDING INDUSTRY ASSOCIATION OF CENTRAL CALIFORNIA v. CITY OF PATTERSON Part-I
Dec 28, 2011
Morrison Homes, Inc. (Developer) obtained a development agreement and tentative subdivision maps for the construction of two residential subdivisions in Patterson, California. At the time those documents were approved, the City of Patterson (City)[1] allowed developers to pay a f…
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PEOPLE v. WILLIAMS
Dec 28, 2011
Appellant was charged with failure to register as a sex offender (Pen. Code, § 290)[1] and with having been convicted of four prior serious felonies (§ 667, subds. (b)-(i)) and having served a prior prison term (§ 667.5, subd. (b)). On August 16, 2007, after a three-day trial,…
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PEOPLE v. GARCIA Part-IV
Dec 28, 2011
Defendant Mario Garcia appeared on a video surveillance tape leaving the Thunder Valley Casino with Christie Wilson early in the morning of October 5, 2005. They were last seen walking towards his car. Wilson was never seen again and her body was never found. A jury convicted def…
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PEOPLE v. GARCIA Part-III
Dec 28, 2011
Defendant Mario Garcia appeared on a video surveillance tape leaving the Thunder Valley Casino with Christie Wilson early in the morning of October 5, 2005. They were last seen walking towards his car. Wilson was never seen again and her body was never found. A jury convicted def…
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PEOPLE v. GARCIA Part-II
Dec 28, 2011
Defendant Mario Garcia appeared on a video surveillance tape leaving the Thunder Valley Casino with Christie Wilson early in the morning of October 5, 2005. They were last seen walking towards his car. Wilson was never seen again and her body was never found. A jury convicted def…
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In re LINDA LEE SMITH Part-II
Dec 28, 2011
Governor Arnold Schwarzenegger appeals from the superior court's order granting respondent Linda Lee Smith's petition for writ of habeas corpus and vacating the Governor's decision to reverse the Board of Parole Hearings' determination that she is suitable for par…
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In re LINDA LEE SMITH Part-I
Dec 28, 2011
Governor Arnold Schwarzenegger appeals from the superior court's order granting respondent Linda Lee Smith's petition for writ of habeas corpus and vacating the Governor's decision to reverse the Board of Parole Hearings' determination that she is suitable for par…
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BUDROW v. DAVE & BUSTER'S OF CALIFORNIA, INC.,
Dec 28, 2011
Appellant Aaron Budrow brought a putative class action against respondent Dave & Buster's of California, Inc., on the theory that distributions from the â€
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GIAMMARRUSCO v. SIMON Part-II
Dec 28, 2011
In this probate case, a trust provided that the surviving trustor could exercise a limited power of appointment over specified property in three ways: (1) â€
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GIAMMARRUSCO v. SIMON Part-I
Dec 28, 2011
In this probate case, a trust provided that the surviving trustor could exercise a limited power of appointment over specified property in three ways: (1) â€
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BROBERG v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA
Dec 28, 2011
The Guardian Life Insurance Company of America (Guardian Life) allegedly sold Dr. David C. Powell a whole life insurance policy in 1993 by falsely promising through its agent John A. Davidson that earnings from the policy would be sufficient to pay the premium costs after the 11t…
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UNITED STATES FIRE INSURANCE COMPANY v. SHEPPARD, MULLIN, RICHTER & HAMPTON
Dec 28, 2011
Respondent United States Fire Insurance Company (U.S. Fire) sued to enjoin appellant Sheppard, Mullin, Richter & Hampton, LLP (Sheppard Mullin) from representing an informal committee of asbestos creditors, together with that committee's law firms, in a pending action to whic…
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PEOPLE v. KIM Part-II
Dec 27, 2011
Defendant Hyung Joon Kim was born in South Korea and entered this country legally with his parents when he was a young child. He has lived in this country as a legal resident for more than two decades but never became a citizen. As a result of his multiple criminal convictions, t…
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PEOPLE v. KIM Part-I
Dec 27, 2011
Defendant Hyung Joon Kim was born in South Korea and entered this country legally with his parents when he was a young child. He has lived in this country as a legal resident for more than two decades but never became a citizen. As a result of his multiple criminal convictions, t…
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PEOPLE v. VILLA
Dec 27, 2011
Avelino Ceja Villa, a lawful resident alien, pleaded guilty to a felony in this state in 1989 and served a three-year period of probation. Now, many years later, he is facing removal from this country by federal immigration authorities, allegedly because of his 1989 conviction. I…
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PEOPLE v. MALDONADO
Dec 27, 2011
A jury convicted defendant of possessing methamphetamine for sale, a felony, and being under the influence of methamphetamine, a misdemeanor. (Health & Saf. Code, §§ 11378, 11550, sub. (a).) Defendant admitted that he had three prior convictions for being under the influence of…