California Supreme Court and Court of Appeal published (citable) opinions.
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In re T.C.
Jul 13, 2011
Mother, Sonya C., appeals the juvenile court's order terminating her parental rights to T.C. Mother contends that because the permanent plans for two-year-old T.C. and her almost 13-year-old half sister, R.B., were different, an actual conflict arose for minor's counsel a…
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In re RANDY KEMP
Jul 9, 2011
In this petition for a writ of habeas corpus filed by Randy Kemp (petitioner), we conclude that irrespective of the date a prisoner's judgment became final, federal and state constitutional principles of equal protection require that the amendments to ADDIN BA xc <@st> …
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ZIEHLKE v. GEORGE VALVERDE
Jul 9, 2011
Lose your sobriety, lose your driver's license, lose your job. That is one of the serious consequences for commercial motor vehicle operators who drive under the influence of alcohol. Vehicle Code section 15300 prohibits a person from operating a commercial motor vehicle for …
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In re DAMIAN M. MIRANDA
Jul 9, 2011
Petitioner Damian M. Miranda petitions this court for writ of habeas corpus. He alleges the Board of Parole Hearings (Board) violated his due process rights at a parole-suitability hearing in 2007 because its determination that he was not suitable for parole was not supported by …
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In re MICHAEL JAY LOVELESS
Jul 9, 2011
In the course of a home invasion robbery, Michael Jay Loveless (defendant) shot Robert DeRungs in the head, killing him in front of DeRungs's 14-year-old son. Defendant entered a negotiated plea of guilty to second degree murder in exchange for a sentence of 15 years to life …
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MICHAEL v. STOCKTON
Jul 9, 2011
Nine years after the City of Stockton (City) initiated eminent domain proceedings to acquire real property owned by Andrew C. Cobb, as trustee of the Andrew C. Cobb 1992 Revocable Trust (the Trust), and after the City constructed a public roadway across the condemned property, th…
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DOBBAS v. VITAS
Jul 9, 2011
This case reviews the denial of American Guarantee and Liability Insurance Company's motion to intervene in an action between James Dobbas and Fred Vitas and Fred Vitas Insurance Agency. The action is based on Vitas's failure to obtain excess insurance to cover an injury …
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CALIFORNIA STATEWIDE LAW ENFORCEMENT ASSOCIATION v. CALIFORNIA DEPARTMENT OF PERSONNEL ADMINISTRATION Part-II
Jul 9, 2011
Many millions of dollars are at stake in this case. At issue is the process by which a public employee labor union and the Governor negotiate benefits for state employees and then present their collective bargaining agreement to the Legislature for approval and funding. Such agre…
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CALIFORNIA STATEWIDE LAW ENFORCEMENT ASSOCIATION v. CALIFORNIA DEPARTMENT OF PERSONNEL ADMINISTRATION Part-I
Jul 9, 2011
Many millions of dollars are at stake in this case. At issue is the process by which a public employee labor union and the Governor negotiate benefits for state employees and then present their collective bargaining agreement to the Legislature for approval and funding. Such agre…
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PEOPLE v. VIGIL Part-II
Jul 9, 2011
This case involves one of the most egregious types of juror misconduct. During deliberations, a juror performed an experiment at his home under conditions not subject to judicial oversight or cross-examination. He later reported the result, which was unfavorable to defendant, to …
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PEOPLE v. DIXON
Jul 9, 2011
A jury convicted Todd Robert Dixon of pandering. (Pen. Code, § 266i, subd. (a)(2); further section references are to this code). As was charged here, a person who â€
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HOWARD JARVIS TAXPAYERS ASSOCIATION v. BOWEN Part-II
Jul 9, 2011
California voters have a powerful tool, the ballot initiative, to make public policy. (Cal. Const., art. II, § 8, subd. (a) [â€
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HOWARD JARVIS TAXPAYERS ASSOCIATION v. BOWEN Part-I
Jul 9, 2011
California voters have a powerful tool, the ballot initiative, to make public policy. (Cal. Const., art. II, § 8, subd. (a) [â€
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HOLMES v. PETROVICH DEVELOPMENT COMPANY, LLC, Part-II
Jul 9, 2011
Plaintiff Gina Holmes appeals from the judgment entered in favor of defendants Petrovich Development Company, LLC and Paul Petrovich in her lawsuit for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional…
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HOLMES v. PETROVICH DEVELOPMENT COMPANY, LLC, Part-I
Jul 9, 2011
Plaintiff Gina Holmes appeals from the judgment entered in favor of defendants Petrovich Development Company, LLC and Paul Petrovich in her lawsuit for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional…
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KUCKER v.KUCKER
Jul 9, 2011
Megan Kucker and Bonnie Alexander are successor trustees of the Mona S. Berkowitz Trust (the Trust). They filed a petition to confirm that shares of stock were an asset of the trust. (Prob. Code § 850, subd. (a)(3)(B); see also Estate of Heggstad (1993) 16 Cal.App.4th 943.)[1] T…
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WALNUT VALLEY UNIFIED SCHOOL DISTRICT v. SUPERIOR COURT OF LOS ANGELES COUNTY
Jul 9, 2011
Defendants and petitioners Walnut Valley Unified School District and the Board of Education of the Walnut Valley Unified School District (collectively, Walnut), seek a writ of mandate directing respondent superior court to vacate its order granting a petition for peremptory writ …
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PEOPLE v. SHARRET
Jul 9, 2011
Defendant, Tyrone Sharret, appeals from his conviction for possession for sale (count 1) and sale (count 2) of heroin. (Health & Saf. Code, §§ 11351, 11352, subd. (a).) Defendant admitted the truth of the allegations of three prior separate prison terms (Pen. Code, § 667.5, su…
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In re BRITTANY C
Jul 9, 2011
Craig C. (Father), Elsie C. (Mother), and Christopher C. (Chris)[1] appeal from the juvenile court's visitation order. They contend the manner in which the order was crafted denies them visitation with the four youngest children and allege the juvenile court improperly delega…
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HOME DEPOT U.S.A. INC.v. SUPERIOR COURT OF LOS ANGELES COUNTY
Jul 9, 2011
A modification decision.