California Supreme Court and Court of Appeal published (citable) opinions.
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SHARP v. SUPERIOR COURT OF VENTURA COUNTY
Feb 21, 2011
In Verdin v. Superior Court (2008) 43 Cal.4th 1096 (Verdin), our Supreme Court held that the prosecution had no right to compel a mental examination of a defendant by a retained prosecution expert because such an examination is a form of discovery that is not authorized by statut…
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PEOPLE v. MORRISON
Feb 21, 2011
Penal Code section 134 makes it a felony to prepare false evidence with intent that it be produced "upon any trial, proceeding, or inquiry whatever, authorized by law."[1] Here, we conclude that the statute is violated by a probationer who prepares a false urine sample wi…
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STATE FARM INSURANCE, AMERICAN CASUALTY COMPANY OF READING v. WORKERS' COMPENSATION APPEALS BOARD and CARL JAMES PEARSON
Feb 21, 2011
State Farm Insurance Company (State Farm) petitions for writ of review pursuant to Labor Code section 5950[1] of the Workers' Compensation Appeals Board's opinion and order denying reconsideration of a joint supplemental findings and award. In that award, the Workers'…
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NEILYv. MANHATTAN BEACH UNIFIED SCHOOL DISTRICT
Feb 21, 2011
A former school district employee filed a petition for writ of traditional mandate (Code Civ. Proc., § 1085) to compel the district to reinstate him as a high school baseball coach. The primary issue in this case is whether the district had a mandatory duty under the Education C…
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PEOPLE v.OCHOA
Feb 21, 2011
In the underlying action, appellant Jordy Ezequiel Ochoa was charged with possession of a firearm as a felon (Pen. Code, § 12021, subd. (a)(1)).[1] Prior to his trial, he sought discovery under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). After the jury in appella…
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HOWARD JARVIS TAXPAYERS ASSOCIATION v. BOWEN Part- II
Feb 21, 2011
California voters have a powerful tool, the ballot initiative, to make public policy. (Cal. Const., art. II, § 8, subd. (a) [â€
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HOWARD JARVIS TAXPAYERS ASSOCIATION v. BOWEN
Feb 21, 2011
California voters have a powerful tool, the ballot initiative, to make public policy. (Cal. Const., art. II, § 8, subd. (a) [â€
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HOLMES v. PETROVICH DEVELOPMENT COMPANY, LLC, Part -II
Feb 18, 2011
Plaintiff Gina Holmes appeals from the judgment entered in favor of defendants Petrovich Development Company, LLC and Paul Petrovich in her lawsuit for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional…
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HOLMES v. PETROVICH DEVELOPMENT COMPANY, LLC, Part -I
Feb 18, 2011
Plaintiff Gina Holmes appeals from the judgment entered in favor of defendants Petrovich Development Company, LLC and Paul Petrovich in her lawsuit for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional…
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KUCKER v.KUCKER
Feb 18, 2011
Megan Kucker and Bonnie Alexander are successor trustees of the Mona S. Berkowitz Trust (the Trust). They filed a petition to confirm that shares of stock were an asset of the trust. (Prob. Code § 850, subd. (a)(3)(B); see also Estate of Heggstad (1993) 16 Cal.App.4th 943.) The …
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WALNUT VALLEY UNIFIED SCHOOL DISTRICT v. SUPERIOR COURT OF
Feb 18, 2011
Defendants and petitioners Walnut Valley Unified School District and the Board of Education of the Walnut Valley Unified School District (collectively, Walnut), seek a writ of mandate directing respondent superior court to vacate its order granting a petition for peremptory writ …
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PEOPLE v. SHARRET
Feb 18, 2011
Defendant, Tyrone Sharret, appeals from his conviction for possession for sale (count 1) and sale (count 2) of heroin. (Health & Saf. Code, §§ 11351, 11352, subd. (a).) Defendant admitted the truth of the allegations of three prior separate prison terms (Pen. Code, § 667.5, su…
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In re V.M.,
Feb 18, 2011
A modification decision.
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ACEVES v. U.S. BANK, N.A
Feb 18, 2011
As alleged in this case, plaintiff, a married woman, obtained an adjustable rate loan from a bank to purchase real property secured by a deed of trust on her residence. About two years into the loan, she could not afford the monthly payments and filed for bankruptcy under chapter…
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In re BRANDON T
Feb 18, 2011
The juvenile court sustained a petition under Welfare and Institutions Code section 602,[1] finding true the felony charge that minor Brandon T. committed the crime of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1). The court declared Bran…
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SHAOXING COUNTY HUAYUE IMPORT & EXPORT v. BHAUMIK
Feb 18, 2011
A creditor of a bankrupt corporation sought to recover payment in state court from an individual based on an alter ego theory of liability. The individual argued that the alter ego claim belonged to the bankruptcy estate, because it alleged general injuries to the corporation tha…
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In re B.C Part-I
Feb 18, 2011
In this dependency case (Welf. & Inst. Code, § 300 et seq.), on the eve of a hearing to terminate parental rights to the minor (Welf. & Inst. Code, § 366.26) and determine whether the child's foster parents should be designated prospective adoptive parents (Welf. & Inst. Co…
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ARZATE v. BRIDGE TERMINAL TRANSPORT, INC
Feb 18, 2011
Plaintiffs Adolfo Arzate and Juan Ortiz, members of the Teamsters Union who own their own trucks, brought this wage and hour class action on behalf of truck drivers who were paid by defendant Bridge Terminal Transport, Inc., to transport cargo between ports and the facilities of …
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PEOPLE v. BRYANT
Feb 18, 2011
A verdict may be overturned and a new trial granted for jury misconduct demonstrated by the sworn affidavit of a juror. In this case, both the defense and prosecution presented unsworn statements of jurors on the issue of jury misconduct, and at the urging of the trial court, the…
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PEOPLE v.OCHOA
Feb 18, 2011
In the underlying action, appellant Jordy Ezequiel Ochoa was charged with possession of a firearm as a felon (Pen. Code, § 12021, subd. (a)(1)).[1] Prior to his trial, he sought discovery under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). After the jury in appella…