California Supreme Court and Court of Appeal published (citable) opinions.
-
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…
-
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…
-
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…
-
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…
-
BEHR v. REDMOND M
Jun 12, 2011
A modification decision.
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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 …
-
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 …
-
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…
-
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…
-
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…
-
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…