Fear Not Law Unpublished Published

CA Pub. Decisions

California Supreme Court and Court of Appeal published (citable) opinions.
2,656 opinions · page 23 of 100 · 20 per page
  1. FLEMING v. SUPERIOR COURT OF ORANGE COUNTY Part-II
    Feb 27, 2011
    Penal Code section 424 provides that each officer of any school district in this state who is charged with the â€
  2. FLEMING v. SUPERIOR COURT OF ORANGE COUNTY Part-I
    Feb 27, 2011
    Penal Code section 424 provides that each officer of any school district in this state who is charged with the â€
  3. PEOPLE v. ROSAS
    Feb 27, 2011
    One of the issues in this appeal from the resentencing of Federico Rosas for two attempted murders of a rival gang member raises a question of first impression in criminal sentencing procedure: Does a trial court, upon appellate remand for resentencing, have the legal authority t…
  4. DOVER VILLAGE ASSOCIATION v. JENNISON
    Feb 27, 2011
    Patrick Jennison had a leaky sewer pipe two feet beneath the concrete slab underlying his Newport Beach condo. The homeowner association said he was responsible for the repair bill on the theory that the sewer pipe was â€
  5. PEOPLE v. CABRERA
    Feb 27, 2011
    A jury convicted defendant Henry Cabrera of carjacking (Pen. Code, § 215, subd. (a); all statutory references are to this code unless otherwise stated; count 1); attempted second degree robbery (§§ 211, 212.5, subd. (c), 664; count 2); possession of a firearm by a felon (§ 12…
  6. SHEPPARD v. NORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM Part-II
    Feb 27, 2011
    Plaintiff James Sheppard was a part‑time instructor employed by defendant North Orange County Regional Occupational Program (NOCROP). NOCROP was created by four public school districts. During his employment, Sheppard was required to spend 20 minutes of unpaid time preparing fo…
  7. SHEPPARD v. NORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM Part-I
    Feb 27, 2011
    Plaintiff James Sheppard was a part‑time instructor employed by defendant North Orange County Regional Occupational Program (NOCROP). NOCROP was created by four public school districts. During his employment, Sheppard was required to spend 20 minutes of unpaid time preparing fo…
  8. ARCADIA v. STATE WATER RESOURCES CONTROL BOARD Part-II
    Feb 27, 2011
    This case concerns the construction and application of the federal Clean Water Act (Clean Water Act; 33 U.S.C. § 1251 et seq.) and the Porter-Cologne Water Quality Control Act (Porter-Cologne Act; Wat. Code, § 13000 et seq., unless otherwise stated, all further statutory refere…
  9. ARCADIA v. STATE WATER RESOURCES CONTROL BOARD
    Feb 27, 2011
    This case concerns the construction and application of the federal Clean Water Act (Clean Water Act; 33 U.S.C. § 1251 et seq.) and the Porter-Cologne Water Quality Control Act (Porter-Cologne Act; Wat. Code, § 13000 et seq., unless otherwise stated, all further statutory refere…
  10. In re SEAN A Part-II
    Feb 27, 2011
    The juvenile court declared Sean A. a ward of the court (Welf. & Inst. Code, § 602) and placed him on probation after Sean admitted to possessing a controlled substance for sale in violation of Health and Safety Code section 11378. Sean appeals, contending that the juvenile cour…
  11. TALLEY v. VALUATION COUNSELORS GROUP, INC Part-II
    Feb 27, 2011
    Since 2001, this long running dispute has traveled back and forth between state and federal courts at the respective trial and appellate levels. We now have before us the trial court's appealable orders vacating certain judgments of dismissal of an action, in which plaintiff,…
  12. TALLEY v. VALUATION COUNSELORS GROUP, INC Part-I
    Feb 27, 2011
    Since 2001, this long running dispute has traveled back and forth between state and federal courts at the respective trial and appellate levels. We now have before us the trial court's appealable orders vacating certain judgments of dismissal of an action, in which plaintiff,…
  13. PEOPLE v. SMITH
    Feb 27, 2011
    A jury found defendant Larry Steven Smith guilty of rape of an intoxicated woman (count I), rape of an unconscious woman (count II), and misdemeanor sexual battery. The trial court sentenced defendant to prison for eight years (the upper term on count I, with the terms on the oth…
  14. PEOPLE v. WOODS
    Feb 27, 2011
    Defendant, Vincent Woods, appeals from his convictions for cocaine possession (Health & Saf. Code, § 11350, subd. (a)) and misdemeanor marijuana possession. (Health & Saf. Code, § 11357, subd. (b).) In the published portion of this opinion, we address the issue of whether, when…
  15. HOME DEPOT U.S.A., INC v. SUPERIOR COURT OF
    Feb 27, 2011
    In the underlying action, real parties in interest sought to recover civil penalties from petitioner Home Depot U.S.A., Inc. (Home Depot) under the Labor Code Private Attorneys General Act of 2004 ((PAGA); Lab. Code, § 2698 et seq.).[1] The trial court overruled Home Depot's…
  16. In re V.M.,
    Feb 27, 2011
    The trial court was not justified in asserting dependency jurisdiction over the child in this case, who had never been abused or neglected by anyone. The child, V.M., came to the attention of the Department of Children and Family Services after her father asserted his right to cu…
  17. BLIX STREET RECORDS, INC v. CASSIDY
    Feb 27, 2011
    Appellants appeal from a judgment based on, inter alia, a determination that they were judicially estopped from denying that they are bound by a settlement agreement. Court hold that even if the settlement agreement had not been binding, appellants were judicially estopped from d…
  18. PEOPLE v. NESBITT Part-II
    Feb 27, 2011
    Defendant and appellant Michael Nesbitt (defendant) was convicted on six felony counts based upon the sexual abuse of three of his children.[1] On appeal, defendant contends, inter alia, that the trial court lacked jurisdiction to vacate an order entered in the minutes dismissing…
  19. PEOPLE v. NESBITT Part-I
    Feb 27, 2011
    Defendant and appellant Michael Nesbitt (defendant) was convicted on six felony counts based upon the sexual abuse of three of his children.[1] On appeal, defendant contends, inter alia, that the trial court lacked jurisdiction to vacate an order entered in the minutes dismissing…
  20. PARTNERS v. DEPARTMENT OF INDUSTRIAL RELATIONS Part-II
    Feb 27, 2011
    Azusa Land Partners (ALP) appeals from a judgment denying its petition for writ of mandate. (Code Civ. Proc., § 1085.) ALP seeks to vacate a determination by respondent Department of Industrial Relations (Department) that a planned community project is a â€
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