Fear Not Law Unpublished Published

CA Pub. Decisions

California Supreme Court and Court of Appeal published (citable) opinions.
2,656 opinions · page 15 of 100 · 20 per page
  1. PEOPLE v. SIGALA
    Jul 9, 2011
    Defendant and appellant Jimmy Sigala was convicted by jury of three counts of continuous sexual abuse of a child under the age of 14 years. (Pen. Code, § 288.5, subd. (a).)[1] The jury found that defendant had substantial sexual contact with each victim (§ 1203.066, subd. (a)(8…
  2. SHARP v. SUPERIOR COURT OF VENTURA COUNTY
    Jul 9, 2011
    In Verdin v. Superior Court (2008) 43 Cal.4th 1096 (Verdin), our Supreme Court held that the prosecution had no right to compel a mental examination of a defendant by a retained prosecution expert because such an examination is a form of discovery that is not authorized by statut…
  3. PEOPLE v. MORRISON
    Jul 9, 2011
    William Tyndall Morrison appeals from a judgment after conviction by jury of preparing false evidence in violation of section 134. The trial court sentenced him to eight months in state prison[2], suspended his sentence and granted him a five-year term of probation. Appellant con…
  4. STATE FARM INSURANCE, AMERICAN CASUALTY COMPANY OF READING v. WORKERS' COMPENSATION APPEALS BOARD and CARL JAMES PEARSON
    Jul 9, 2011
    State Farm Insurance Company (State Farm) petitions for writ of review pursuant to Labor Code section 5950[1] of the Workers' Compensation Appeals Board's opinion and order denying reconsideration of a joint supplemental findings and award. In that award, the Workers'…
  5. NEILYv. MANHATTAN BEACH UNIFIED SCHOOL DISTRICT
    Jul 9, 2011
    A former school district employee filed a petition for writ of traditional mandate (Code Civ. Proc., § 1085) to compel the district to reinstate him as a high school baseball coach. The primary issue in this case is whether the district had a mandatory duty under the Education C…
  6. NEILYv. MANHATTAN BEACH UNIFIED SCHOOL DISTRICT
    Jul 9, 2011
    A former school district employee filed a petition for writ of traditional mandate (Code Civ. Proc., § 1085) to compel the district to reinstate him as a high school baseball coach. The primary issue in this case is whether the district had a mandatory duty under the Education C…
  7. In re V.M.,
    Jul 9, 2011
    A modification decision.
  8. ACEVES v. U.S. BANK, N.A
    Jul 9, 2011
    As alleged in this case, plaintiff, a married woman, obtained an adjustable rate loan from a bank to purchase real property secured by a deed of trust on her residence. About two years into the loan, she could not afford the monthly payments and filed for bankruptcy under chapter…
  9. ACEVES v. U.S. BANK, N.A
    Jul 9, 2011
    As alleged in this case, plaintiff, a married woman, obtained an adjustable rate loan from a bank to purchase real property secured by a deed of trust on her residence. About two years into the loan, she could not afford the monthly payments and filed for bankruptcy under chapter…
  10. In re BRANDON T
    Jul 9, 2011
    The juvenile court sustained a petition under Welfare and Institutions Code section 602,[1] finding true the felony charge that minor Brandon T. committed the crime of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1). The court declared Bran…
  11. SHAOXING COUNTY HUAYUE IMPORT & EXPORT v. BHAUMIK
    Jul 9, 2011
    A creditor of a bankrupt corporation sought to recover payment in state court from an individual based on an alter ego theory of liability. The individual argued that the alter ego claim belonged to the bankruptcy estate, because it alleged general injuries to the corporation tha…
  12. In re B.C Part-II
    Jul 9, 2011
    In this dependency case (Welf. & Inst. Code, § 300 et seq.), on the eve of a hearing to terminate parental rights to the minor (Welf. & Inst. Code, § 366.26) and determine whether the child's foster parents should be designated prospective adoptive parents (Welf. & Inst. Co…
  13. In re B.C
    Jul 9, 2011
    In this dependency case (Welf. & Inst. Code, § 300 et seq.), on the eve of a hearing to terminate parental rights to the minor (Welf. & Inst. Code, § 366.26) and determine whether the child's foster parents should be designated prospective adoptive parents (Welf. & Inst. Co…
  14. ARZATE v. BRIDGE TERMINAL TRANSPORT, INC
    Jul 9, 2011
    Plaintiffs Adolfo Arzate and Juan Ortiz, members of the Teamsters Union who own their own trucks, brought this wage and hour class action on behalf of truck drivers who were paid by defendant Bridge Terminal Transport, Inc., to transport cargo between ports and the facilities of …
  15. PEOPLE v. BRYANT
    Jul 9, 2011
    A verdict may be overturned and a new trial granted for jury misconduct demonstrated by the sworn affidavit of a juror. In this case, both the defense and prosecution presented unsworn statements of jurors on the issue of jury misconduct, and at the urging of the trial court, the…
  16. PEOPLE v.OCHOA
    Jul 9, 2011
    In the underlying action, appellant Jordy Ezequiel Ochoa was charged with possession of a firearm as a felon (Pen. Code, § 12021, subd. (a)(1)).[1] Prior to his trial, he sought discovery under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). After the jury in appella…
  17. COUNTY OF ORANGE v. ASSOCIATION OF ORANGE COUNTY DEPUTY SHERIFFS Part-II
    Jul 9, 2011
    In 2008, the County of Orange (Orange County or the County) sued the board of the County's retirement plan, claiming that an enhanced retirement formula for prior years of service adopted in 2001 by the County Board of Supervisors violated the California Constitution. The Cou…
  18. COUNTY OF ORANGE v. ASSOCIATION OF ORANGE COUNTY DEPUTY SHERIFFS Part-I
    Jul 9, 2011
    In 2008, the County of Orange (Orange County or the County) sued the board of the County's retirement plan, claiming that an enhanced retirement formula for prior years of service adopted in 2001 by the County Board of Supervisors violated the California Constitution. The Cou…
  19. HYPERTOUCH, INC., v.VALUECLICK, INC Part-II
    Jul 9, 2011
    Appellant Hypertouch, Inc. filed an action alleging that ValueClick, Inc., various ValueClick subsidiaries and PrimaryAds, Inc. (Respondents) violated Business & Professions Code section 17529.5[1], subdivision (a), which prohibits entities from advertising in a commercial electr…
  20. HYPERTOUCH, INC., v.VALUECLICK, INC Part-I
    Jul 9, 2011
    Appellant Hypertouch, Inc. filed an action alleging that ValueClick, Inc., various ValueClick subsidiaries and PrimaryAds, Inc. (Respondents) violated Business & Professions Code section 17529.5[1], subdivision (a), which prohibits entities from advertising in a commercial electr…
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