California Supreme Court and Court of Appeal published (citable) opinions.
-
PEOPLE v.SUPERIOR COURT OF LOS ANGELES COUNTY
Jun 12, 2011
The People petition for a writ of mandate to vacate the trial court's October 28, 2010 order granting Ronald Brim's motion for a separate penalty jury in a capital murder case. The People contend the trial court abused its discretion under Penal Code section 190.4, subdiv…
-
CITY OF LOS ANGELES v. SUPERIOR COURT OF LOS ANGELES COUNTY Part-II
Jun 12, 2011
Faced with a deficit exceeding $500 million and an impending cash flow crisis, the Mayor and City Council of Los Angeles (City) approved an ordinance directing the Mayor to adopt a plan to furlough City civilian employees for up to 26 days per fiscal year. The Mayor adopted such …
-
CITY OF LOS ANGELES v. SUPERIOR COURT OF LOS ANGELES COUNTY Part-I
Jun 12, 2011
Faced with a deficit exceeding $500 million and an impending cash flow crisis, the Mayor and City Council of Los Angeles (City) approved an ordinance directing the Mayor to adopt a plan to furlough City civilian employees for up to 26 days per fiscal year. The Mayor adopted such …
-
In re KEVIN JACKSON
Jun 12, 2011
The Board of Parole Hearings (Board) denied petitioner Kevin Jackson parole on December 3, 2008. Jackson challenged that decision by filing a petition for writ of habeas corpus in the California Supreme Court. In response to the petition, the high court ordered respondent, the Se…
-
JSM TUSCANY v. SUPERIOR COURT OF LOS ANGELES COUNTY Part-II
Jun 12, 2011
Plaintiffs' complaint, although pleading some sixteen causes of action, essentially seeks recovery of damages and other relief from the several defendants for their breach of the three real estate sales contracts (hereinafter, PSAs) and the failure of some of the defendants t…
-
JSM TUSCANY v. SUPERIOR COURT OF LOS ANGELES COUNTY Part-I
Jun 12, 2011
Plaintiffs' complaint, although pleading some sixteen causes of action, essentially seeks recovery of damages and other relief from the several defendants for their breach of the three real estate sales contracts (hereinafter, PSAs) and the failure of some of the defendants t…
-
LEFIELL MANUFACTURING COMPANY v. SUPERIOR COURT OF LOS ANGELES COUNTY
Jun 12, 2011
In this appeal, we resolve two issues addressing the scope of the power press exception in Labor Code section 4558.[1] Section 4558 provides an exception to the workers' compensation exclusive remedy rule for employees injured as a result of the employer knowingly having remo…
-
PEOPLE v. KOONTZ
Jun 12, 2011
In People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), our Supreme Court held that a sentencing court's failure to exercise discretion pursuant to Penal Code section 1385 is an abuse of discretion because it mistakenly believes it lacks authority to exercise suc…
-
CALIFORNIA RETAIL PORTFOLIO FUND GMBH & CO. KG v. HOPKINS REAL ESTATE GROUP
Jun 12, 2011
Hopkins Real Estate Group (Hopkins Group) appeals from the trial court's order authorizing a writ of attachment for California Retail Portfolio Fund (California Retail) in connection with California Retail's arbitration proceeding against the Hopkins Group for breach of a…
-
CLARENDON AMERICA INSURANCE COMPANY v. GENERAL SECURITY INDEMNITY COMPANY OF ARIZONA
Jun 12, 2011
Clarendon America Insurance Company (Clarendon) filed a complaint for declaratory relief, equitable contribution, and equitable indemnity against General Security Indemnity Company of Arizona as the attorney in fact for General Security Indemnity Company (General Security) after …
-
PEOPLE v. ARIAS,
Jun 12, 2011
Defendant, a member of the Rebels street gang, went on a mission late one evening to locate and â€
-
ANIMAL FILM, LLC v. D.E.J. PRODUCTIONS, INC.
Jun 12, 2011
Appellant Animal Film, LLC (Animal) sued respondents D.E.J. Productions, Inc. (DEJ) and First Look Studios, Inc. (First Look) in Los Angeles County Superior Court for contract damages and an accounting related to the production of a motion picture. Based on a clause in the produc…
-
PEOPLE v. YARBROUGH
Jun 12, 2011
Defendant Jammal Yarbrough appeals from a judgment entered following a jury trial in which he was convicted of first degree burglary for having entered a second-floor unenclosed balcony of an apartment with intent to commit a theft. He contends the court erroneously instructed th…
-
In re Marriage of MAUREEN J. DURIS and WILLIAM AUGUST URBANY
Jun 12, 2011
Summary proceedings are common in family law cases. Nevertheless, however certain a court may be that a party or an attorney in a family law proceeding deserves sanctions, it must keep in mind an immutable principle that cuts across all areas of the law: sanctions may not be summ…
-
BEST FRIENDS ANIMAL SOCIETY v. MACERICH WESTSIDE PAVILION PROPERTY LLC
Jun 12, 2011
The question presented is whether article I, section 2 of the California Constitution permits a privately owned shopping mall to enforce rules that give preferential treatment to labor speech and thereby discriminate against other types of speech. The answer is no. We therefore r…
-
TAMKIN v. CBS BROADCASTING INC.
Jun 12, 2011
CBS Broadcasting, Inc. and Sarah Goldfinger (collectively defendants or appellants) appeal from the denial of their special motion to strike pursuant to Code of Civil Procedure section 425.16, also known as the anti-SLAPP statute.[1] After independently reviewing the record, we c…
-
IVERSEN v. CALIFORNIA VILLAGE HOMEOWNERS ASSOCIATION
Jun 12, 2011
Defendant and respondent California Village Homeowner's Association (California Village) hired plaintiff and appellant Kurt Iversen (Iversen), an independent contractor, to service air conditioner units on the roofs of several of the buildings at its Tarzana, California condo…
-
PEOPLE v. RAMIREZ
Jun 12, 2011
Appellant Jose Alfredo Ramirez appeals from the judgment entered following his conviction by jury of three counts of attempted willful, deliberate, and premeditated murder (Pen. Code, §§ 664/187),[1] with the finding that he personally discharged a firearm which caused great bo…
-
PEOPLE v. DELGADO
Jun 12, 2011
Defendant Mildred Delgado, convicted of, among other things, kidnapping to commit robbery, contends the trial court erred by failing to instruct the jury on principles of aiding and abetting and false imprisonment. He also maintains the evidence is insufficient to support the jur…
-
ALHAMBRA v. D'AUSILIO
Jun 12, 2011
Appellant Robert D'Ausilio sued respondent City of Alhambra (City) for civil rights violations and then settled the case with the City. The City then sued appellant for breach of the settlement agreement and declaratory relief. Appellant moved to strike the declaratory relief…