California Supreme Court and Court of Appeal published (citable) opinions.
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HOUSING GROUP v. PMA CAPITAL INSURANCE COMPANY
Jun 10, 2011
Defendants PMA Capital Insurance Company as successor in interest to Caliber One Indemnity Company, and Caliber One Management Company appeal from an order, filed November 19, 2009, denying their petition to compel arbitration of a dispute concerning attorney fees to be paid to a…
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MORRISON v. CREEK Part-II
Jun 10, 2011
Sarah Morrison appeals from a post-judgment order denying her motion for attorney's fees under Civil Code section 1942.5 and Government Code section 12989.2 after the parties had resolved their dispute by settlement. We will affirm the order.
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MORRISON v. CREEK Part-I
Jun 10, 2011
Sarah Morrison appeals from a post-judgment order denying her motion for attorney's fees under Civil Code section 1942.5 and Government Code section 12989.2 after the parties had resolved their dispute by settlement. We will affirm the order.
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PELTNER v. NORMAN BARTSCH HERTERICH
Jun 10, 2011
Hans Bartsch died and willed his estate to particular family members and friends. He specifically left 14 percent of his estate to respondent Arndt Peltner and named him as the executor of the estate. Objector Norman Bartsch Herterich claimed he was the decedent's only son an…
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Conservatorship of the Estate of IDA McQUEEN.
Jun 10, 2011
Conservator Fessha Taye brought this litigation on behalf of conservatee Ida McQueen, a mentally and physically disabled elder, against several of McQueen's family members and the family's legal representative.[1] Specifically, it was claimed that these individuals violat…
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MCCORMICK v. ALAMEDA
Jun 10, 2011
This appeal is from the denial of a petition for writ of mandate challenging Alameda County's denial of General Assistance to minor Dajohn McCormick on the basis that he qualified for and received benefits, although not cash aid, from the CalWORKS program. Appellants contend …
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TURNER v. ASSOCIATION OF AMERICAN MEDICAL COLLEGES Part-II
Jun 10, 2011
In Turner v. Association of American Medical Colleges (2008) 167 Cal.App.4th 1401 (Turner I), this court held that, when taking a standardized test, individuals with learning disabilities and other conditions affecting their ability to read are not entitled to accommodations unde…
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TURNER v. ASSOCIATION OF AMERICAN MEDICAL COLLEGES Part-I
Jun 10, 2011
In Turner v. Association of American Medical Colleges (2008) 167 Cal.App.4th 1401 (Turner I), this court held that, when taking a standardized test, individuals with learning disabilities and other conditions affecting their ability to read are not entitled to accommodations unde…
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PAULSEN v. LOCAL NO. 856 OF INTERNATIONAL BROTHERHOOD OF TEAMSTERS
Jun 10, 2011
Plaintiffs Kathleen Paulsen and others[1] appeal a judgment entered after the trial court sustained without leave to amend the demurrer of defendants Local No. 856 of the International Brotherhood of Teamsters (Local 856) and Joe Martinelli to plaintiffs' putative class actio…
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BONFIGLI v. STRACHAN
Jun 10, 2011
A modification decision.
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CAPON v. MONOPOLY GAME LLC
Jun 10, 2011
The Home Equity Sales Contract Act (HESCA or the Act) (Civ. Code, § 1695 et seq.),[1] enacted in 1979, is designed to protect homeowners in default against unfair purchases of their home equity. The Act regulates transactions between an equity purchaser and an equity seller resu…
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CELLPHONE FEE TERMINATION CASES Part-III
Jun 10, 2011
These consolidated appeals are from a judgment after trial in a consumer class action against wireless telephone carrier Sprint Spectrum, L.P. (Sprint), challenging its policy of charging early termination fees (ETF's) to customers terminating service prior to expiration of d…
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CELLPHONE FEE TERMINATION CASES Part-II
Jun 10, 2011
These consolidated appeals are from a judgment after trial in a consumer class action against wireless telephone carrier Sprint Spectrum, L.P. (Sprint), challenging its policy of charging early termination fees (ETF's) to customers terminating service prior to expiration of d…
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CELLPHONE FEE TERMINATION CASES Part-I
Jun 10, 2011
These consolidated appeals are from a judgment after trial in a consumer class action against wireless telephone carrier Sprint Spectrum, L.P. (Sprint), challenging its policy of charging early termination fees (ETF's) to customers terminating service prior to expiration of d…
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TVERBERG v. FILLNER CONSTRUCTION, INC
Jun 10, 2011
The trial court granted summary judgment to respondent Fillner Construction, Inc. (Fillner) and dismissed the personal injury action of appellants Jeffrey and Catherine Tverberg.[1] The Tverbergs appeal the judgment against them, contending that Fillner is liable for their injuri…
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P. v. Chatman
Mar 8, 2011
A jury convicted defendant, Raymond Chatman, of assault with a deadly weapon, i.e., a hammer (Pen. Code, § 245, subd. (a)(1))[1] and exhibiting a deadly weapon (§ 417, subd. (a)(1)). He was granted probation and appeals claiming the trial court erred in excluding statements he …
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Smith v. First Principle Church
Mar 3, 2011
Plaintiffs and appellants Russell Smith and Helga Smith appeal from a judgment after a court trial in an action for breach of contract and promissory estoppel against defendant and respondent First Principle Church (Church or the Church). (For ease of reference and not out of dis…
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PEOPLE v. RUSSELL
Feb 27, 2011
A modification decision.
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GOLIN v. ALLENBY
Feb 27, 2011
A modification decision.
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TURMAN v. TURNING POINT OF CENTRAL CALIFORNIA, INC
Feb 27, 2011
Appellant Joyce Turman sued her former employer, respondent Turning Point of Central California, Inc. for gender discrimination based on disparate treatment and a hostile work environment. At the conclusion of the evidence at trial, the court instructed the jury on disparate impa…