California Supreme Court and Court of Appeal published (citable) opinions.
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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…
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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€
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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€
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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…
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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€
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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…
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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…
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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…