California Supreme Court and Court of Appeal published (citable) opinions.
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BROWN v. DESERT CHRISTIAN CENTER
Jun 12, 2011
In this personal injury case, defendant Desert Christian Center was successful in proving its affirmative defense that the injuries alleged by plaintiff Frank D. Brown were within the exclusive jurisdiction of the workers' compensation system. A judgment of dismissal was ente…
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PEOPLE v. BAUER
Jun 12, 2011
After Mark Steven Bauer pled guilty to possession of a controlled substance, the court placed him on Proposition 36 probation, but twice he violated probation.[1] The sole issue on appeal is whether the court's termination of probation and imposition of a state prison sentenc…
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PEOPLE v. RIOS
Jun 12, 2011
Following denial of his suppression motion (Pen. Code,[1] § 1538.5), appellant, Florencio Rios, pleaded no contest to possessing a firearm after being previously convicted of a violent offense (§ 12021.1, subd. (a); count 1) and resisting or obstructing a peace officer (§ 148,…
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DIVISION OF LABOR STANDARDS ENFORCEMENT v. DAVIS MORENO CONSTRUCTION, INC.,
Jun 12, 2011
Appellants Ayodeji A. Ogundare, individually and doing business as Pacific Engineering Company (Pacific) and Davis Moreno Construction, Inc. (Davis) each moved to vacate a judgment entered against them pursuant to Labor Code section 1742.[1] Pacific contended that the judgment ag…
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PEOPLE v. VINSON Part-II
Jun 12, 2011
David Michael Vinson stands convicted, following a jury trial, of committing petty theft after having previously been convicted of a theft offense. (Pen. Code,[1] § 666.) Following a bifurcated court trial, he was found to have served two prior prison terms. (§ 667.5, subd. (b)…
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PEOPLE v. VINSON Part-I
Jun 12, 2011
David Michael Vinson stands convicted, following a jury trial, of committing petty theft after having previously been convicted of a theft offense. (Pen. Code,[1] § 666.) Following a bifurcated court trial, he was found to have served two prior prison terms. (§ 667.5, subd. (b)…
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LANDVALUE 77, LLC v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY Part-II
Jun 12, 2011
This appeal concerns a mixed-use development project involving 45 acres of land located on the Fresno campus of the California State University. The development is known as the Campus Pointe project and is being completed by a private developer that subleased the land from an aux…
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LANDVALUE 77, LLC v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY Part-I
Jun 12, 2011
This appeal concerns a mixed-use development project involving 45 acres of land located on the Fresno campus of the California State University. The development is known as the Campus Pointe project and is being completed by a private developer that subleased the land from an aux…
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MARTINEZ v. KIA MOTORS AMERICA, INC
Jun 12, 2011
Plaintiff and appellant Juanita Martinez purchased a new 2002 Kia Sedona. She experienced significant problems with the vehicle within the warranty period, and took it to two Kia dealerships for repair. The dealerships denied warranty coverage and told her she would have to pay f…
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PEOPLE v. MOORE Part-II
Jun 12, 2011
A jury found true a petition filed by the People to extend the commitment of defendant, Steven Moore, who had previously been adjudged not guilty by reason of insanity (Pen. Code, § 1026.5, subd. (b)(1)). Defendant contends that the trial court's comments about the reasonabl…
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PEOPLE v. MOORE Part-I
Jun 12, 2011
A jury found true a petition filed by the People to extend the commitment of defendant, Steven Moore, who had previously been adjudged not guilty by reason of insanity (Pen. Code, § 1026.5, subd. (b)(1)). Defendant contends that the trial court's comments about the reasonabl…
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BEHR v. REDMOND M
Jun 12, 2011
A modification decision.
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BEHR v. REDMOND Part-II
Jun 12, 2011
Plaintiff and respondent Patricia Behr sued defendant and appellant Thomas Redmond for damages arising from the alleged tortious transmission of genital herpes. By special verdict, the jury made findings favorable to Behr and found that she had suffered compensatory damages of $4…
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BEHR v. REDMOND Part-I
Jun 12, 2011
Plaintiff and respondent Patricia Behr sued defendant and appellant Thomas Redmond for damages arising from the alleged tortious transmission of genital herpes. By special verdict, the jury made findings favorable to Behr and found that she had suffered compensatory damages of $4…
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KRIKORIAN PREMIERE THEATRES, LLC v. WESTMINSTER CENTRAL, LLC Part-II
Jun 12, 2011
In a previous appeal by defendant Westminster Central, LLC (Westminster), we reversed a judgment for approximately $22 million in favor of plaintiff Krikorian Premiere Theaters, LLC (Krikorian). Although we affirmed the judgment with respect to Westminster's liability for bre…
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KRIKORIAN PREMIERE THEATRES, LLC v. WESTMINSTER CENTRAL, LLC Part-I
Jun 12, 2011
In a previous appeal by defendant Westminster Central, LLC (Westminster), we reversed a judgment for approximately $22 million in favor of plaintiff Krikorian Premiere Theaters, LLC (Krikorian). Although we affirmed the judgment with respect to Westminster's liability for bre…
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In re C.F.
Jun 12, 2011
Sara D. appeals a juvenile court judgment terminating her parental rights to her sons, C.F. and G.F., and her daughter, N.F., and choosing adoption as the appropriate permanent plan. (Welf. & Inst. Code, § 366.26.)[1] Sara challenges the sufficiency of the evidence to support th…
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PEOPLE v. NYCHAY
Jun 12, 2011
On April 13, 2009, pursuant to a negotiated plea agreement with the San Diego District Attorney's Office, Phillip C. Nychay pleaded guilty to unlawfully possessing a usable amount of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a). He als…
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BRANSON v. SHARP HEALTHCARE, INC
Jun 12, 2011
The beneficiary of medical services under the California Medical Assistance Program (Medi-Cal) is required to reimburse the Department of Health Care Services (the Department) for the costs of medical care from a recovery obtained in a tort action against a third party liable for…
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CORONADO CAYS HOMEOWNERS ASSOCIATION v. CORONADO
Jun 12, 2011
City of Coronado (the City) appeals a judgment in which the court determined the City, rather than Coronado Cays Homeowners Association (the Association),[1] is responsible for maintaining a berm that laterally supports bulkheads located on property within the Coronado Cays subdi…