California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE v. MANZO PArt-II
Jul 13, 2011
Arthur Martin, under appointment by the Court of Appeal, for Defendant and Appellant. Martin Manzo appeals a judgment following his jury conviction of first degree murder (Pen. Code, § 187, subd. (a)),[1] discharging a firearm at an occupied vehicle (§ 246), attempted murder (…
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PEOPLE v. MANZO
Jul 13, 2011
Arthur Martin, under appointment by the Court of Appeal, for Defendant and Appellant. Martin Manzo appeals a judgment following his jury conviction of first degree murder (Pen. Code, § 187, subd. (a)),[1] discharging a firearm at an occupied vehicle (§ 246), attempted murder (…
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PEOPLE v. HIGGINS
Jul 13, 2011
A modification decision.
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PEOPLE v. HIGGINS Part-II
Jul 13, 2011
A jury convicted defendant Raymond Higgins of burglary of an inhabited dwelling, assault with a deadly weapon or by means likely to cause great bodily injury, and assault with a firearm. Higgins's convictions stem from an incident in which Higgins broke into a neighbor's …
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PEOPLE v. HIGGINS Part-I
Jul 13, 2011
A jury convicted defendant Raymond Higgins of burglary of an inhabited dwelling, assault with a deadly weapon or by means likely to cause great bodily injury, and assault with a firearm. Higgins's convictions stem from an incident in which Higgins broke into a neighbor's …
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PEOPLE v. NAZARY, Part-II
Jul 13, 2011
A jury convicted Wahid Yossuf Nazary of embezzlement by an employee (Pen. Code,[1] § 508; count 1) and grand theft by an employee (§ 487, subd. (b)(3); count 2). The trial court sentenced Nazary to two years in prison on count 1 and stayed the sentence on count 2 pursuant to se…
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PEOPLE v. NAZARY,
Jul 13, 2011
A jury convicted Wahid Yossuf Nazary of embezzlement by an employee (Pen. Code,[1] § 508; count 1) and grand theft by an employee (§ 487, subd. (b)(3); count 2). The trial court sentenced Nazary to two years in prison on count 1 and stayed the sentence on count 2 pursuant to se…
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VITERBI v. WASSERMAN Part-II
Jul 13, 2011
In this case we are presented with an issue of first impression in California: Does the remedy of rescission in a securities fraud claim brought under Corporations Code sections 25504 and 25504.1[1] require privity of contract between the plaintiff and defendant? In other words, …
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VITERBI v. WASSERMAN
Jul 13, 2011
In this case we are presented with an issue of first impression in California: Does the remedy of rescission in a securities fraud claim brought under Corporations Code sections 25504 and 25504.1[1] require privity of contract between the plaintiff and defendant? In other words, …
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PEOPLE v. SAIBU Part-III
Jul 13, 2011
Defendants Sadiq Saibu and Antonio Valentino appeal from their convictions and sentences after a jury trial. Saibu and Valentino were convicted for their roles in committing a robbery of a video store, two attempted robberies of a liquor store, and a murder in the same liquor sto…
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PEOPLE v. SAIBU Part-II
Jul 13, 2011
Defendants Sadiq Saibu and Antonio Valentino appeal from their convictions and sentences after a jury trial. Saibu and Valentino were convicted for their roles in committing a robbery of a video store, two attempted robberies of a liquor store, and a murder in the same liquor sto…
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PEOPLE v. SAIBU
Jul 13, 2011
Defendants Sadiq Saibu and Antonio Valentino appeal from their convictions and sentences after a jury trial. Saibu and Valentino were convicted for their roles in committing a robbery of a video store, two attempted robberies of a liquor store, and a murder in the same liquor sto…
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VILLA VICENZA HOMEOWNERS ASSOCIATION v. NOBEL COURT DEVELOPMENT, LLC
Jul 13, 2011
In this case the developer of a condominium project recorded a declaration of covenants, conditions and restrictions (CC&R's) which required that a homeowners association arbitrate any construction defect claim the association might have against the developer. As we explain m…
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In re T.C.
Jul 13, 2011
Mother, Sonya C., appeals the juvenile court's order terminating her parental rights to T.C. Mother contends that because the permanent plans for two-year-old T.C. and her almost 13-year-old half sister, R.B., were different, an actual conflict arose for minor's counsel a…
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In re RANDY KEMP
Jul 9, 2011
In this petition for a writ of habeas corpus filed by Randy Kemp (petitioner), we conclude that irrespective of the date a prisoner's judgment became final, federal and state constitutional principles of equal protection require that the amendments to ADDIN BA xc <@st> …
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ZIEHLKE v. GEORGE VALVERDE
Jul 9, 2011
Lose your sobriety, lose your driver's license, lose your job. That is one of the serious consequences for commercial motor vehicle operators who drive under the influence of alcohol. Vehicle Code section 15300 prohibits a person from operating a commercial motor vehicle for …
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In re DAMIAN M. MIRANDA
Jul 9, 2011
Petitioner Damian M. Miranda petitions this court for writ of habeas corpus. He alleges the Board of Parole Hearings (Board) violated his due process rights at a parole-suitability hearing in 2007 because its determination that he was not suitable for parole was not supported by …
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In re MICHAEL JAY LOVELESS
Jul 9, 2011
In the course of a home invasion robbery, Michael Jay Loveless (defendant) shot Robert DeRungs in the head, killing him in front of DeRungs's 14-year-old son. Defendant entered a negotiated plea of guilty to second degree murder in exchange for a sentence of 15 years to life …
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MICHAEL v. STOCKTON
Jul 9, 2011
Nine years after the City of Stockton (City) initiated eminent domain proceedings to acquire real property owned by Andrew C. Cobb, as trustee of the Andrew C. Cobb 1992 Revocable Trust (the Trust), and after the City constructed a public roadway across the condemned property, th…
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DOBBAS v. VITAS
Jul 9, 2011
This case reviews the denial of American Guarantee and Liability Insurance Company's motion to intervene in an action between James Dobbas and Fred Vitas and Fred Vitas Insurance Agency. The action is based on Vitas's failure to obtain excess insurance to cover an injury …