CA Pub. Decisions

1. PEOPLE v. CHRISTIANA
   Feb 26, 2011
   Defendant John Thomas Christiana appeals from orders following special proceedings to determine competency (Pen. Code,[1] § 1368) and to authorize involuntary administration of psychotropic medication (§ 1370). He argues that (1) he had a constitutional right to testify at his …
2. In re B.F
   Feb 26, 2011
   Mother Sarah F. appeals the juvenile court's order granting a Welfare and Institutions Code[1] section 827 petition and thus authorizing the release of Sarah's court-ordered psychological evaluation. The petition was brought by C.D. and her husband, S.D. (together, the D.…
3. PEOPLE v. NELSON Part-III
   Feb 26, 2011
   In his appeal and habeas petition, John Paul Nelson challenges his conviction of premeditated attempted murder with a finding that he personally discharged a firearm. In the published portion of this opinion, we reject defendant's contention that his constitutional right to c…
4. PEOPLE v. NELSON Part-II
   Feb 26, 2011
   In his appeal and habeas petition, John Paul Nelson challenges his conviction of premeditated attempted murder with a finding that he personally discharged a firearm. In the published portion of this opinion, we reject defendant's contention that his constitutional right to c…
5. PEOPLE v. NELSON Part-I
   Feb 26, 2011
   In his appeal and habeas petition, John Paul Nelson challenges his conviction of premeditated attempted murder with a finding that he personally discharged a firearm. In the published portion of this opinion, we reject defendant's contention that his constitutional right to c…
6. PEOPLE v. GONZALEZ Part-II
   Feb 26, 2011
   Roberto Canas-Fuente (Canas) killed Fernando Morales, the boyfriend of appellant Perla Isabel Gonzalez (Perla), during a fight between Morales and Canas. Morales, along with Perla, his accomplice, ambushed Canas as he was picking up his daughter at a street corner. Canas at the t…
7. PEOPLE v. GONZALEZ Part-I
   Feb 26, 2011
   Roberto Canas-Fuente (Canas) killed Fernando Morales, the boyfriend of appellant Perla Isabel Gonzalez (Perla), during a fight between Morales and Canas. Morales, along with Perla, his accomplice, ambushed Canas as he was picking up his daughter at a street corner. Canas at the t…
8. ADVANCED NETWORK, INC v. PEERLESS INSURANCE COMPANY
   Feb 26, 2011
   This is a dispute over insurance coverage under a commercial general liability (CGL) policy Peerless Insurance Company (Peerless) issued to Advanced Network, Inc. (ANI). On appeal, Peerless contends the court erred by finding an underlying action for the replacement of cash stole…
9. PEOPLE v. ATENCIO
   Feb 26, 2011
   Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Wanda Hill Rouzan, Deputy Attorney General, for Plaintiff and Respondent. This case deals with the vexing issue of when one physical act can constitute multiple criminal â€
10. CALIFORNIA TAXPAYERS' ASSOCIATION v. FRANCHISE TAX BOARD
    Feb 26, 2011
    We conclude here that Revenue and Taxation Code section 19138,[1] a corporate tax penalty provision for understating such taxes by more than $1,000,000, is just that‑‑a penalty‑‑and therefore not subject to the two-thirds legislative vote requirement for a  
11. TAYLOR v. UNITED PARCEL SERVICE, INC
    Feb 26, 2011
    Plaintiff and appellant David Taylor (Taylor) brought an action against his employer, defendant and respondent United Parcel Service, Inc. (UPS), seeking recovery of unpaid overtime compensation, penalties for missed meal and rest periods, and other related claims. UPS successful…
12. ENNABE v MANOSA
    Feb 26, 2011
    A modification decision.
13. ENNABE v. MANOSA
    Feb 26, 2011
    Civil Code section 1714, subdivision (c)[1] provides broad immunity from civil liability for a social host who â€
14. In re X.S
    Feb 26, 2011
    Matthew M. (father), the biological father of X.S., appeals from the judgment entered after the juvenile court declared his son a dependent child of the court based in part on a finding against father under Welfare and Institutions Code section 300, subdivision (b), and ordered t…
15. HALL v. KALFAYAN
    Feb 26, 2011
    In this case, Court conclude that a prospective beneficiary of a will cannot maintain a cause of action for legal malpractice against the attorney who drafted the will but did not have it executed before the death of the testator.
16. HOSO FOODS, INC v. COLUMBUS CLUB, INC
    Feb 25, 2011
    Defendant and appellant Columbus Club, Inc. entered into an agreement to lease an assembly hall to plaintiff and respondent Hoso Foods, Inc. (Hoso). When Hoso learned that city ordinances precluded it from using the hall for catered events as it had intended, it filed a complaint…
17. BAUTISTA v. LOS ANGELES
    Feb 25, 2011
    Emir Bautista was terminated as a sworn peace officer by the Los Angeles County Sheriff's Department (Department) for engaging in a personal relationship with a known prostitute and heroin addict in violation of the Department's prohibited-association policy. On appeal Ba…
18. PEOPLE v. VASQUEZ
    Feb 25, 2011
    As part of the resolution of a criminal case charging him with two felony counts of failure to control a mischievous animal that caused serious bodily injury (Pen. Code, § 399, subd. (b)),[1] Orlando Vasquez agreed to pay $168,633.20 in restitution to Heiddy G., a young girl who…
19. PEOPLE v. JACKSON
    Feb 25, 2011
    Kerwin Jackson appeals from the judgment entered following his conviction by jury on one count of first degree burglary. (Pen. Code, § 459.) Appellant contends that the jury instructions on the elements of burglary erroneously imposed a presumption that the balcony in this case …
20. LUJANO v. SANTA BARBARA
    Feb 25, 2011
    Yvette Lujano, through her guardian ad litem, Maria del Carmen Lujano, appeals an order granting summary judgment to the County of Santa Barbara (County) and two Santa Barbara County Sheriff's Department deputies on her complaint for false arrest and use of excessive force. C…