California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE v. FEDERICO
Jul 13, 2011
Following a jury trial, defendant and appellant Joseph Gene Federico was convicted of attempting to commit a lewd act with a child under the age of 14 (Pen. Code,[1] §§ 288, subd. (a), 664, count 1) and attempting to send harmful matter to a minor with the intent of seducing th…
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KEVIN v. SUPERIOR COURT OF SAN DIEGO COUNTY Part-II
Jul 13, 2011
PROCEEDINGS in mandate after referral to a Welfare and Institutions Code section 366.26 hearing. Laura J. Birkmeyer, Judge. Petition denied; request for stay denied. Kevin R. seeks review of a juvenile court order setting a hearing under Welfare and Institutions Code[1] section 3…
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KEVIN v. SUPERIOR COURT OF SAN DIEGO COUNTY Part-I
Jul 13, 2011
PROCEEDINGS in mandate after referral to a Welfare and Institutions Code section 366.26 hearing. Laura J. Birkmeyer, Judge. Petition denied; request for stay denied. Kevin R. seeks review of a juvenile court order setting a hearing under Welfare and Institutions Code[1] section 3…
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In re the Marriage of MARIA FERNANDEZ-ABIN and HIGINIO SANCHEZ Part-III
Jul 13, 2011
Higinio Sanchez (husband) appeals the restraining order issued under the Domestic Violence Protection Act (DVPA) (Fam. Code,[1] § 6200 et seq.) protecting Maria Del Carmen Fernandez-Abin (wife) and their minor son and daughter. Husband claims the California court erred when it i…
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In re the Marriage of MARIA FERNANDEZ-ABIN and HIGINIO SANCHEZ Part-II
Jul 13, 2011
Higinio Sanchez (husband) appeals the restraining order issued under the Domestic Violence Protection Act (DVPA) (Fam. Code,[1] § 6200 et seq.) protecting Maria Del Carmen Fernandez-Abin (wife) and their minor son and daughter. Husband claims the California court erred when it i…
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In re the Marriage of MARIA FERNANDEZ-ABIN and HIGINIO SANCHEZ Part-I
Jul 13, 2011
Higinio Sanchez (husband) appeals the restraining order issued under the Domestic Violence Protection Act (DVPA) (Fam. Code,[1] § 6200 et seq.) protecting Maria Del Carmen Fernandez-Abin (wife) and their minor son and daughter. Husband claims the California court erred when it i…
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MKJA, INC., v. 123 FIT FRANCHISING, LLC Part-II
Jul 13, 2011
Code of Civil Procedure section 1281.4[1] requires that a court impose a stay of litigation whenever that court, or another court, has ordered arbitration of a controversy that is an issue in the litigation. The court in which the litigation is pending is required to "stay th…
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MKJA, INC., v. 123 FIT FRANCHISING, LLC Part-I
Jul 13, 2011
Code of Civil Procedure section 1281.4[1] requires that a court impose a stay of litigation whenever that court, or another court, has ordered arbitration of a controversy that is an issue in the litigation. The court in which the litigation is pending is required to "stay th…
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In re the Marriage of DEBORAH GOODMAN and ARTHUR LAWRENCE GRUEN.
Jul 13, 2011
In this dissolution action, we hold the family court exceeded its jurisdiction by modifying a pendente lite child and spousal support order in favor of the wife. The Legislature expressly intends that temporary support orders may not be modified retroactively. Further, the prospe…
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PEOPLE v. MOREHEAD
Jul 13, 2011
This case arose out of three bank robberies, one attempted bank robbery, and several related offenses committed over a period of three days (April 14, 21, and 22) in 2008.[1] A San Bernardino County jury found Melwatt Morehead, Jr. (Morehead) guilty of three counts of second degr…
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GOLDBAUM v.REGENTS OF THE UNIVERSITY OF CALIFORNIA
Jul 13, 2011
The California Constitution (art. IX, § 9, subd. (a)) grants the Regents of the University of California (the Regents) " 'broad powers to organize and govern the university and limits the Legislature's power to regulate either the university or the [R]egents.' &#…
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PEOPLE v. MANZO PArt-II
Jul 13, 2011
Arthur Martin, under appointment by the Court of Appeal, for Defendant and Appellant. Martin Manzo appeals a judgment following his jury conviction of first degree murder (Pen. Code, § 187, subd. (a)),[1] discharging a firearm at an occupied vehicle (§ 246), attempted murder (…
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PEOPLE v. MANZO
Jul 13, 2011
Arthur Martin, under appointment by the Court of Appeal, for Defendant and Appellant. Martin Manzo appeals a judgment following his jury conviction of first degree murder (Pen. Code, § 187, subd. (a)),[1] discharging a firearm at an occupied vehicle (§ 246), attempted murder (…
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PEOPLE v. HIGGINS
Jul 13, 2011
A modification decision.
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PEOPLE v. HIGGINS Part-II
Jul 13, 2011
A jury convicted defendant Raymond Higgins of burglary of an inhabited dwelling, assault with a deadly weapon or by means likely to cause great bodily injury, and assault with a firearm. Higgins's convictions stem from an incident in which Higgins broke into a neighbor's …
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PEOPLE v. HIGGINS Part-I
Jul 13, 2011
A jury convicted defendant Raymond Higgins of burglary of an inhabited dwelling, assault with a deadly weapon or by means likely to cause great bodily injury, and assault with a firearm. Higgins's convictions stem from an incident in which Higgins broke into a neighbor's …
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PEOPLE v. NAZARY, Part-II
Jul 13, 2011
A jury convicted Wahid Yossuf Nazary of embezzlement by an employee (Pen. Code,[1] § 508; count 1) and grand theft by an employee (§ 487, subd. (b)(3); count 2). The trial court sentenced Nazary to two years in prison on count 1 and stayed the sentence on count 2 pursuant to se…
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PEOPLE v. NAZARY,
Jul 13, 2011
A jury convicted Wahid Yossuf Nazary of embezzlement by an employee (Pen. Code,[1] § 508; count 1) and grand theft by an employee (§ 487, subd. (b)(3); count 2). The trial court sentenced Nazary to two years in prison on count 1 and stayed the sentence on count 2 pursuant to se…
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VITERBI v. WASSERMAN Part-II
Jul 13, 2011
In this case we are presented with an issue of first impression in California: Does the remedy of rescission in a securities fraud claim brought under Corporations Code sections 25504 and 25504.1[1] require privity of contract between the plaintiff and defendant? In other words, …
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VITERBI v. WASSERMAN
Jul 13, 2011
In this case we are presented with an issue of first impression in California: Does the remedy of rescission in a securities fraud claim brought under Corporations Code sections 25504 and 25504.1[1] require privity of contract between the plaintiff and defendant? In other words, …