California Supreme Court and Court of Appeal published (citable) opinions.
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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…
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MINICH v. ALLSTATE INSURANCE COMPANY
Jun 12, 2011
Allstate Insurance Company (Allstate) issued Kelly and Debbie Minich (the Minichs) a homeowner's insurance policy (Policy) that provided that Allstate would pay the Minichs the "actual cash value" of their house, in an amount not to exceed the "limit of liability …
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AUGUSTA v. KEEHN & ASSOCIATES
Jun 12, 2011
Mark Augusta appeals an order denying his petition to compel arbitration of his legal malpractice action against Keehn & Associates and L. Scott Keehn (together Keehn). Augusta contends the trial court erred by finding he waived his right to arbitrate by unreasonably delaying in …
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DAN CLARK FAMILY LIMITED PARTNERSHIP v. MIRAMONTES Part-II
Jun 12, 2011
Plaintiff Dan Clark Family Limited Partnership (Dan Clark) appeals from a judgment entered after the trial court sustained the defendants' demurrer to Dan Clark's third amended complaint, without leave to amend. The trial court concluded that Dan Clark's causes of act…
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DAN CLARK FAMILY LIMITED PARTNERSHIP v. MIRAMONTES Part-I
Jun 12, 2011
Plaintiff Dan Clark Family Limited Partnership (Dan Clark) appeals from a judgment entered after the trial court sustained the defendants' demurrer to Dan Clark's third amended complaint, without leave to amend. The trial court concluded that Dan Clark's causes of act…
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PEOPLE v. RODRIGUEZ
Jun 12, 2011
The People charged Arturo Sergio Rodriguez and codefendant Carlos Nicolas Covarrubias with three counts of attempted murder (Pen. Code, §§ 664, 187, subd. (a))[1] (counts 1, 3, and 5), and five counts of assault with a deadly weapon or force likely to produce great bodily injur…
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PEOPLE v. MARCUS GANN Part-III
Jun 12, 2011
In a joint trial with separate juries, brother and sister Nathaniel Marcus Gann and Brae F. Hansen were convicted of first degree murder in the shooting death of their stepfather. Gann's jury did not sustain a special circumstance allegation that he committed the murder by me…
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PEOPLE v. MARCUS GANN Part-II
Jun 12, 2011
In a joint trial with separate juries, brother and sister Nathaniel Marcus Gann and Brae F. Hansen were convicted of first degree murder in the shooting death of their stepfather. Gann's jury did not sustain a special circumstance allegation that he committed the murder by me…
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PEOPLE v. MARCUS GANN Part-I
Jun 12, 2011
In a joint trial with separate juries, brother and sister Nathaniel Marcus Gann and Brae F. Hansen were convicted of first degree murder in the shooting death of their stepfather. Gann's jury did not sustain a special circumstance allegation that he committed the murder by me…
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In re D. W.,
Jun 12, 2011
C. W., the father of two-year-old D. W., appeals from an order of the Nevada County Juvenile Court terminating his parental rights and ordering a permanent plan of adoption. On appeal, father contends the juvenile court erred in finding that the Indian Child Welfare Act (ICWA) di…
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PEOPLE v. MOON
Jun 12, 2011
A modification decision.
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PEOPLE v. MOON
Jun 12, 2011
Defendant was convicted by a jury of second degree murder (Pen. Code, § 187, subd. (a)) stemming from a drunken driving incident in which a passenger in defendant's car was killed. (Unless otherwise designated, section references that follow are to the Penal Code.) The trial…
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PEOPLE v. McCULLOUGH
Jun 12, 2011
Defendant Antoine J. McCullough entered a plea of no contest to being a convicted felon in possession of a firearm "Pen. Code, § 12021, subd. (a)(1)" Pen. Code, § 12021, subd. (a)(1)) and admitted a prior prison term allegation ( § 667.5, subd. (b)) in exchange for dis…
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BOLLAY v. CALIFORNIA OFFICE OF ADMINISTRATIVE LAW
Jun 12, 2011
The property line between publicly-owned tidelands and contiguous upland property is known as the mean high tide line. That line is not constant; it changes over time with the level of the sea and the erosion or build-up of the shore. This case is a challenge to a policy of the S…
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FERWERDA v. BORDON Part-II
Jun 12, 2011
This appeal follows a trial by reference[1] of three consolidated cases. The trial court entered judgment against plaintiff Robert Ferwerda, who had been trying to build a home on his vacant lot. He had sued the Bear Creek Planning Committee (the committee) and the individuals wh…
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FERWERDA v. BORDON Part-I
Jun 12, 2011
This appeal follows a trial by reference[1] of three consolidated cases. The trial court entered judgment against plaintiff Robert Ferwerda, who had been trying to build a home on his vacant lot. He had sued the Bear Creek Planning Committee (the committee) and the individuals wh…
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SOUTH SUTTER v. LJ SUTTER PARTNERS Part-IV
Jun 12, 2011
Plaintiff in these actions, South Sutter, LLC (South Sutter), owned an option to acquire a large tract of land from defendant Odysseus Farms. South Sutter claimed the option agreement also gave it an exclusive interest in other lands owned by Odysseus Farms and a right of first r…
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SOUTH SUTTER v. LJ SUTTER PARTNERS Part-III
Jun 12, 2011
Plaintiff in these actions, South Sutter, LLC (South Sutter), owned an option to acquire a large tract of land from defendant Odysseus Farms. South Sutter claimed the option agreement also gave it an exclusive interest in other lands owned by Odysseus Farms and a right of first r…
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SOUTH SUTTER v. LJ SUTTER PARTNERS Part-II
Jun 12, 2011
Plaintiff in these actions, South Sutter, LLC (South Sutter), owned an option to acquire a large tract of land from defendant Odysseus Farms. South Sutter claimed the option agreement also gave it an exclusive interest in other lands owned by Odysseus Farms and a right of first r…
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SOUTH SUTTER v. LJ SUTTER PARTNERS Part-I
Jun 12, 2011
Plaintiff in these actions, South Sutter, LLC (South Sutter), owned an option to acquire a large tract of land from defendant Odysseus Farms. South Sutter claimed the option agreement also gave it an exclusive interest in other lands owned by Odysseus Farms and a right of first r…