California Supreme Court and Court of Appeal published (citable) opinions.
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In re JAVIER RODRIGUEZ
Jun 12, 2011
In this appeal, we review whether the superior court properly granted Javier Rodriguez's petition for habeas relief arising out of a decision by Governor Arnold Schwarzenegger (the Governor) to reverse the 2008 decision of the Board of Parole Hearings, which had granted Rodri…
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PEOPLE v. SANCHEZ Part-II
Jun 12, 2011
Defendant Jose Gonzalez Sanchez was convicted by jury trial of carrying a concealed firearm in a vehicle (Pen. Code, § 12025, subd. (a)(1)) and bringing a controlled substance into a jail (Pen. Code, § 4573). The jury found true allegations that the firearm was loaded and that …
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PEOPLE v. SANCHEZ Part-I
Jun 12, 2011
Defendant Jose Gonzalez Sanchez was convicted by jury trial of carrying a concealed firearm in a vehicle (Pen. Code, § 12025, subd. (a)(1)) and bringing a controlled substance into a jail (Pen. Code, § 4573). The jury found true allegations that the firearm was loaded and that …
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PEOPLE v. KIM
Jun 12, 2011
In what might serve as a monument to our â€
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CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION v. GOVERNING BOARD OF THE EAST SIDE UNION HIGH SCHOOL DISTRICT
Jun 12, 2011
Appellant Bernice Singer and her labor union, appellant California School Employees Association (CSEA), appeal from the trial court's denial of their mandate petition. They contend that a classified employee of a nonmerit system school district[1] who attains permanent status…
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COUNTRY SIDE VILLAS HOMEOWNERS ASSOCIATION v. SUSAN IVIE
Jun 12, 2011
Plaintiff and appellant, Country Side Villas Homeowners' Association (Country Side) appeals the trial court's order granting defendant and respondent Susan Ivie's special motion to strike pursuant to Code of Civil Procedure section 425.16.[1] On appeal, Country Side a…
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BANNING RANCH CONSERVANCY v. SUPERIOR COURT OF ORANGE COUNTY
Jun 12, 2011
Litigants have a right to be represented by counsel of their choice, particularly in substantive areas requiring particular expertise. In short, they have the right to hire the best professionals for their team. But they cannot induce their adversary's attorney to switch side…
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In re B.T
Jun 12, 2011
B.T., the child who is the subject of this appeal, was conceived during an unlawful sexual relationship between Debra T., an adult, and Miguel M., a minor. Debra was arrested for this relationship when B.T. was not yet five months old; Orange County Social Services Agency (SSA) t…
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REGINALD DE LA CUESTA v. BENHAM
Jun 12, 2011
This case tests the limits of a trial court's discretionary authority to determine that there is no â€
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ROSEN v. ST. JOSEPH HOSPITAL OF ORANGE COUNTY
Jun 12, 2011
Plaintiff Robin Rosen appeals from two judgments the trial court entered after (1) sustaining defendants Kurt Openshaw, M.D., and Vascular and Interventional Specialists of Orange County's (Vascular Specialists) demurrer and (2) granting defendant St. Joseph Hospital of Orang…
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MADDOX v. COSTA MESA
Jun 12, 2011
Government Code section 68097.2, subdivision (b) provides that when a peace officer is subpoenaed to testify, â€
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PEOPLE v. MENESES
Jun 12, 2011
A jury convicted defendant Jasinto Duran Meneses of committing a lewd act with a child under the age of 14 (Pen. Code, § 288, subd. (a); all further statutory references are to this code unless otherwise stated) and found true he had substantial sexual conduct with a child (§ 1…
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SHANAHAN v. STATE FARM GENERAL INSURANCE COMPANY
Jun 12, 2011
Cheryl Skigin sued her employer John M. Shanahan and companies owned by him for sexual harassment, gender discrimination, marital status discrimination, religious discrimination, retaliation, sexual battery, breach of oral contract, fraud and deceit, breach of written contract, a…
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BROWN v. DESERT CHRISTIAN CENTER
Jun 12, 2011
In this personal injury case, defendant Desert Christian Center was successful in proving its affirmative defense that the injuries alleged by plaintiff Frank D. Brown were within the exclusive jurisdiction of the workers' compensation system. A judgment of dismissal was ente…
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PEOPLE v. BAUER
Jun 12, 2011
After Mark Steven Bauer pled guilty to possession of a controlled substance, the court placed him on Proposition 36 probation, but twice he violated probation.[1] The sole issue on appeal is whether the court's termination of probation and imposition of a state prison sentenc…
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PEOPLE v. RIOS
Jun 12, 2011
Following denial of his suppression motion (Pen. Code,[1] § 1538.5), appellant, Florencio Rios, pleaded no contest to possessing a firearm after being previously convicted of a violent offense (§ 12021.1, subd. (a); count 1) and resisting or obstructing a peace officer (§ 148,…
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DIVISION OF LABOR STANDARDS ENFORCEMENT v. DAVIS MORENO CONSTRUCTION, INC.,
Jun 12, 2011
Appellants Ayodeji A. Ogundare, individually and doing business as Pacific Engineering Company (Pacific) and Davis Moreno Construction, Inc. (Davis) each moved to vacate a judgment entered against them pursuant to Labor Code section 1742.[1] Pacific contended that the judgment ag…
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PEOPLE v. VINSON Part-II
Jun 12, 2011
David Michael Vinson stands convicted, following a jury trial, of committing petty theft after having previously been convicted of a theft offense. (Pen. Code,[1] § 666.) Following a bifurcated court trial, he was found to have served two prior prison terms. (§ 667.5, subd. (b)…
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PEOPLE v. VINSON Part-I
Jun 12, 2011
David Michael Vinson stands convicted, following a jury trial, of committing petty theft after having previously been convicted of a theft offense. (Pen. Code,[1] § 666.) Following a bifurcated court trial, he was found to have served two prior prison terms. (§ 667.5, subd. (b)…
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LANDVALUE 77, LLC v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY Part-II
Jun 12, 2011
This appeal concerns a mixed-use development project involving 45 acres of land located on the Fresno campus of the California State University. The development is known as the Campus Pointe project and is being completed by a private developer that subleased the land from an aux…