California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE V. ALBERT ANDREW ALBILLAR Part-I
Feb 26, 2011
Defendants Albert Albillar, Alex Albillar, and John Madrigal stand convicted by a jury of forcible rape while acting in concert (Pen. Code, §§ 261, subd. (a)(2), 264.1), forcible sexual penetration while acting in concert (id., §§ 289, subd. (a)(1), 264.1), and active partici…
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In re C.B
Feb 26, 2011
A modification decision.
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PEOPLE V. PUENTES
Feb 26, 2011
A jury convicted defendant Benjamin Puentes of statutory rape of someone more than three years younger. The trial court suspended imposition of sentence and placed defendant on felony probation for three years. On appeal, defendant contends that (1) he was subjected to vindictive…
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ROBINSON V. ENDOVASCULAR TECHNOLOGIES, INC
Feb 26, 2011
Plaintiff Thomas S. Robinson, who suffered severe injuries after he was implanted with the Ancure Endograft System (Ancure Device), brought a products liability and personal injury action against defendants Endovascular Technologies, Inc. (EVT), Guidant Corporation (Guidant), Adv…
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JACOBS FARM/DEL CABO, INC V. WESTERN FARM SERVICE, INC Part-II
Feb 26, 2011
Plaintiff Jacobs Farm/Del Cabo, Inc. (Jacobs), sued defendant Western Farm Service, Inc. (Western Farm), alleging that pesticides defendant applied to fields near plaintiff's farm migrated to plaintiff's land, contaminated plaintiff's crop, and rendered the crop unmar…
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JACOBS FARM/DEL CABO, INC V. WESTERN FARM SERVICE, INC Part-I
Feb 26, 2011
Plaintiff Jacobs Farm/Del Cabo, Inc. (Jacobs), sued defendant Western Farm Service, Inc. (Western Farm), alleging that pesticides defendant applied to fields near plaintiff's farm migrated to plaintiff's land, contaminated plaintiff's crop, and rendered the crop unmar…
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In re the Marriage of DAWN E. and PAUL E. MOSLEY
Feb 26, 2011
The last possible day to file a notice of appeal from an appealable order is 180 days after the signed order is filed. (Cal. Rules of Court, rule 8.104(d)(3).)[1] This outside time limit is jurisdictional and cannot be extended, even if notice was not given. Appellants have a max…
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In re A.Z.,
Feb 26, 2011
Albert Z. (Father) appealed from the juvenile court's order terminating his parental rights to his daughter, then two‑year‑old A.Z. Father contended the juvenile court erred by finding inapplicable the parent-child relationship exception to the termination of parental rig…
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ENTEZAMPOUR V. NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
Feb 26, 2011
In July 2003, plaintiff Mohammad Entezampour was hired by defendant North Orange County Community College District (the District), as dean of the science, engineering, and mathematics division at Cypress College. In February 2007, Entezampour was notified that the District would …
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In re PABLO GOMEZ
Feb 26, 2011
In his petition for a writ of habeas corpus, petitioner challenges the decisions made by the Governor in 2009 and 2010, to reverse the findings of the Board of Parole Hearings (the Board) that he was suitable for parole in November 2008 and November 2009 (his fifth and sixth paro…
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OVERHILL FARMS, INC V. LOPEZ Part-II
Feb 26, 2011
In 2009, the United States Internal Revenue Service (IRS) informed plaintiff Overhill Farms, Inc. (Overhill) that 231 of its then-current employees had provided invalid social security numbers. Overhill was advised its use of invalid tax identification information exposed it to t…
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OVERHILL FARMS, INC V. LOPEZ Part-I
Feb 26, 2011
In 2009, the United States Internal Revenue Service (IRS) informed plaintiff Overhill Farms, Inc. (Overhill) that 231 of its then-current employees had provided invalid social security numbers. Overhill was advised its use of invalid tax identification information exposed it to t…
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FAZZI V. KLEIN
Feb 26, 2011
Norma Jean Klein appeals from an order granting â€
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BURTON V. CRUISE
Feb 26, 2011
Court affirm the trial court's determination that a patient waived her contractual right to arbitrate a medical malpractice dispute by waiting to pursue arbitration until the virtual eve of trial, long after discovery, including expert discovery, had been completed. Substanti…
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PEOPLE v. WILLIAM COOK ENNIS II
Feb 26, 2011
William Cook Ennis II was convicted of various crimes involving sexual molestation of his daughter, then age 8, and his stepdaughter, then age 14. He was sentenced to prison for an aggregate term of 64 years.[1] Ennis' primary contention on appeal is that the evidence adduced…
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In re J.L., Part-II
Feb 26, 2011
J.L. appeals from the juvenile court's adjudication sustaining allegations he committed four lewd and lascivious acts with three children, his cousins. (Welf. & Inst. Code, § 602; Pen. Code, § 288, subd. (a); subsequent statutory citations are to the Penal Code, unless note…
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In re J.L., Part-I
Feb 26, 2011
J.L. appeals from the juvenile court's adjudication sustaining allegations he committed four lewd and lascivious acts with three children, his cousins. (Welf. & Inst. Code, § 602; Pen. Code, § 288, subd. (a); subsequent statutory citations are to the Penal Code, unless note…
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PEOPLE v. LABORA
Feb 26, 2011
Pursuant to Penal Code section 1238, subdivision (a)(10),[1] the People appeal the judgment entered against defendant and respondent Jose Luis Labora. They contend the judgment was a result of judicial plea bargaining. We determine that the People have standing and judicial plea …
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PEOPLE v. INDIANA LUMBERMENS MUTUAL INSURANCE CO
Feb 26, 2011
Indiana Lumbermens Mutual Insurance Company (hereafter the surety) appeals an order denying its motion to set aside the forfeiture of a bail bond. It contends that the bond was exonerated by operation of law, pursuant to Penal Code section 1305, subdivision (a), and that the cour…
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CHINO COMMERCIAL BANK v. PETERS,
Feb 26, 2011
Appellant Brian D. Peters is the victim of a Nigerian-style email scam. He agreed that his corporation would receive money supposedly owed to a gentleman in Malaysia, and would then pay that money out at the gentleman's direction, in return for a 15 percent fee. His corporati…