CA Pub. Decisions

1. PEOPLE v. BARBARA COSGRIFF OVERLAND
   Jun 12, 2011
   Defendant Barbara Cosgriff Overland appeals her conviction for failing to be properly restrained by a safety belt (Veh. Code, § 27315, subd. (d)(1)),[1] on the ground that wearing only a lap belt without the shoulder harness is not a violation of the statute. We reject her conte…
2. PEOPLE v. GOLDSMITH
   Jun 12, 2011
   On March 13, 2009, a notice to appear was issued to appellant pursuant to the automated traffic enforcement statutes (Veh. Code, §§ 21455.5-21455.7), alleging she failed to stop at a red signal light located at the intersection of Centinela Avenue and Beach Avenue in the City o…
3. EPSTEIN v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO
   Jun 12, 2011
   Plaintiffs Jerry Epstein, A. Redmond Doms, and Donald A. Casper brought this action against the Governor, the Acting Director of the Department of General Services (Director), and the Department of General Services (Department), seeking to prevent the Department's sale and le…
4. PEOPLE v. LARA
   Jun 12, 2011
   The question presented here is whether a defendant's credit for presentence confinement can be reduced by virtue of a prior conviction when the allegations concerning that conviction are â€
5. TRINITY PARK, L.P. v. SUNNYVALE Part-II
   Jun 12, 2011
   Appellants Trinity Park, L. P. and Classic Communities, Inc. (hereafter, collectively Trinity) are the developers of a residential housing project known as Trinity Park, which consists of 42 houses in a subdivision located in respondent City of Sunnyvale (City). The City's 20…
6. TRINITY PARK, L.P. v. SUNNYVALE Part-I
   Jun 12, 2011
   Appellants Trinity Park, L. P. and Classic Communities, Inc. (hereafter, collectively Trinity) are the developers of a residential housing project known as Trinity Park, which consists of 42 houses in a subdivision located in respondent City of Sunnyvale (City). The City's 20…
7. PEOPLE v. KIM
   Jun 12, 2011
   Defendant Shiseop Kim was charged by complaint with felony battery causing serious bodily injury (count 1; Pen. Code, §§ 242, 243, subd. (d), 1192.7),[1] kidnapping (count 2; § 207, subd. (a)), and attempted dissuasion of a witness by threat of force (count 3; § 136.1, subd. …
8. In re JAVIER RODRIGUEZ
   Jun 12, 2011
   In this appeal, we review whether the superior court properly granted Javier Rodriguez's petition for habeas relief arising out of a decision by Governor Arnold Schwarzenegger (the Governor) to reverse the 2008 decision of the Board of Parole Hearings, which had granted Rodri…
9. PEOPLE v. SANCHEZ Part-II
   Jun 12, 2011
   Defendant Jose Gonzalez Sanchez was convicted by jury trial of carrying a concealed firearm in a vehicle (Pen. Code, § 12025, subd. (a)(1)) and bringing a controlled substance into a jail (Pen. Code, § 4573). The jury found true allegations that the firearm was loaded and that …
10. PEOPLE v. SANCHEZ Part-I
    Jun 12, 2011
    Defendant Jose Gonzalez Sanchez was convicted by jury trial of carrying a concealed firearm in a vehicle (Pen. Code, § 12025, subd. (a)(1)) and bringing a controlled substance into a jail (Pen. Code, § 4573). The jury found true allegations that the firearm was loaded and that …
11. PEOPLE v. KIM
    Jun 12, 2011
    In what might serve as a monument to our â€
12. CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION v. GOVERNING BOARD OF THE EAST SIDE UNION HIGH SCHOOL DISTRICT
    Jun 12, 2011
    Appellant Bernice Singer and her labor union, appellant California School Employees Association (CSEA), appeal from the trial court's denial of their mandate petition. They contend that a classified employee of a nonmerit system school district[1] who attains permanent status…
13. COUNTRY SIDE VILLAS HOMEOWNERS ASSOCIATION v. SUSAN IVIE
    Jun 12, 2011
    Plaintiff and appellant, Country Side Villas Homeowners' Association (Country Side) appeals the trial court's order granting defendant and respondent Susan Ivie's special motion to strike pursuant to Code of Civil Procedure section 425.16.[1] On appeal, Country Side a…
14. BANNING RANCH CONSERVANCY v. SUPERIOR COURT OF ORANGE COUNTY
    Jun 12, 2011
    Litigants have a right to be represented by counsel of their choice, particularly in substantive areas requiring particular expertise. In short, they have the right to hire the best professionals for their team. But they cannot induce their adversary's attorney to switch side…
15. In re B.T
    Jun 12, 2011
    B.T., the child who is the subject of this appeal, was conceived during an unlawful sexual relationship between Debra T., an adult, and Miguel M., a minor. Debra was arrested for this relationship when B.T. was not yet five months old; Orange County Social Services Agency (SSA) t…
16. REGINALD DE LA CUESTA v. BENHAM
    Jun 12, 2011
    This case tests the limits of a trial court's discretionary authority to determine that there is no â€
17. ROSEN v. ST. JOSEPH HOSPITAL OF ORANGE COUNTY
    Jun 12, 2011
    Plaintiff Robin Rosen appeals from two judgments the trial court entered after (1) sustaining defendants Kurt Openshaw, M.D., and Vascular and Interventional Specialists of Orange County's (Vascular Specialists) demurrer and (2) granting defendant St. Joseph Hospital of Orang…
18. MADDOX v. COSTA MESA
    Jun 12, 2011
    Government Code section 68097.2, subdivision (b) provides that when a peace officer is subpoenaed to testify, â€
19. PEOPLE v. MENESES
    Jun 12, 2011
    A jury convicted defendant Jasinto Duran Meneses of committing a lewd act with a child under the age of 14 (Pen. Code, § 288, subd. (a); all further statutory references are to this code unless otherwise stated) and found true he had substantial sexual conduct with a child (§ 1…
20. SHANAHAN v. STATE FARM GENERAL INSURANCE COMPANY
    Jun 12, 2011
    Cheryl Skigin sued her employer John M. Shanahan and companies owned by him for sexual harassment, gender discrimination, marital status discrimination, religious discrimination, retaliation, sexual battery, breach of oral contract, fraud and deceit, breach of written contract, a…