CA Pub. Decisions

1. PEOPLE v. KOONTZ
   Jun 12, 2011
   In People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), our Supreme Court held that a sentencing court's failure to exercise discretion pursuant to Penal Code section 1385 is an abuse of discretion because it mistakenly believes it lacks authority to exercise suc…
2. CALIFORNIA RETAIL PORTFOLIO FUND GMBH & CO. KG v. HOPKINS REAL ESTATE GROUP
   Jun 12, 2011
   Hopkins Real Estate Group (Hopkins Group) appeals from the trial court's order authorizing a writ of attachment for California Retail Portfolio Fund (California Retail) in connection with California Retail's arbitration proceeding against the Hopkins Group for breach of a…
3. CLARENDON AMERICA INSURANCE COMPANY v. GENERAL SECURITY INDEMNITY COMPANY OF ARIZONA
   Jun 12, 2011
   Clarendon America Insurance Company (Clarendon) filed a complaint for declaratory relief, equitable contribution, and equitable indemnity against General Security Indemnity Company of Arizona as the attorney in fact for General Security Indemnity Company (General Security) after …
4. PEOPLE v. ARIAS,
   Jun 12, 2011
   Defendant, a member of the Rebels street gang, went on a mission late one evening to locate and â€
5. ANIMAL FILM, LLC v. D.E.J. PRODUCTIONS, INC.
   Jun 12, 2011
   Appellant Animal Film, LLC (Animal) sued respondents D.E.J. Productions, Inc. (DEJ) and First Look Studios, Inc. (First Look) in Los Angeles County Superior Court for contract damages and an accounting related to the production of a motion picture. Based on a clause in the produc…
6. PEOPLE v. YARBROUGH
   Jun 12, 2011
   Defendant Jammal Yarbrough appeals from a judgment entered following a jury trial in which he was convicted of first degree burglary for having entered a second-floor unenclosed balcony of an apartment with intent to commit a theft. He contends the court erroneously instructed th…
7. In re Marriage of MAUREEN J. DURIS and WILLIAM AUGUST URBANY
   Jun 12, 2011
   Summary proceedings are common in family law cases. Nevertheless, however certain a court may be that a party or an attorney in a family law proceeding deserves sanctions, it must keep in mind an immutable principle that cuts across all areas of the law: sanctions may not be summ…
8. BEST FRIENDS ANIMAL SOCIETY v. MACERICH WESTSIDE PAVILION PROPERTY LLC
   Jun 12, 2011
   The question presented is whether article I, section 2 of the California Constitution permits a privately owned shopping mall to enforce rules that give preferential treatment to labor speech and thereby discriminate against other types of speech. The answer is no. We therefore r…
9. TAMKIN v. CBS BROADCASTING INC.
   Jun 12, 2011
   CBS Broadcasting, Inc. and Sarah Goldfinger (collectively defendants or appellants) appeal from the denial of their special motion to strike pursuant to Code of Civil Procedure section 425.16, also known as the anti-SLAPP statute.[1] After independently reviewing the record, we c…
10. IVERSEN v. CALIFORNIA VILLAGE HOMEOWNERS ASSOCIATION
    Jun 12, 2011
    Defendant and respondent California Village Homeowner's Association (California Village) hired plaintiff and appellant Kurt Iversen (Iversen), an independent contractor, to service air conditioner units on the roofs of several of the buildings at its Tarzana, California condo…
11. PEOPLE v. RAMIREZ
    Jun 12, 2011
    Appellant Jose Alfredo Ramirez appeals from the judgment entered following his conviction by jury of three counts of attempted willful, deliberate, and premeditated murder (Pen. Code, §§ 664/187),[1] with the finding that he personally discharged a firearm which caused great bo…
12. PEOPLE v. DELGADO
    Jun 12, 2011
    Defendant Mildred Delgado, convicted of, among other things, kidnapping to commit robbery, contends the trial court erred by failing to instruct the jury on principles of aiding and abetting and false imprisonment. He also maintains the evidence is insufficient to support the jur…
13. ALHAMBRA v. D'AUSILIO
    Jun 12, 2011
    Appellant Robert D'Ausilio sued respondent City of Alhambra (City) for civil rights violations and then settled the case with the City. The City then sued appellant for breach of the settlement agreement and declaratory relief. Appellant moved to strike the declaratory relief…
14. GERBOSI v. GAIMS, WEIL, WEST & EPSTEIN, LLP
    Jun 12, 2011
    This appeal arises from two of many lawsuits seeking damages allegedly caused by the activities of private investigator Anthony Pellicano and others. Michael Gerbosi has filed a complaint against Pellicano and Gaims, Weil, West & Epstein, LLP (Gaims),[1] a law firm that allegedly…
15. SMITH v. HOME LOAN FUNDING, INC
    Jun 12, 2011
    A modification decision.
16. PACIFIC CAISSON & SHORING, INC v. BERNARDS BROS. INC
    Jun 12, 2011
    Subcontrator Pacific Caisson & Shoring, Inc. (Pacific) sued its general contractor Bernards Bros. Inc. (Bernards) seeking payment for work performed under Pacific's subcontract. The trial court granted Bernards' motion for judgment, ruling, because Pacific did not maintai…
17. PEOPLE v. DAVID THOMAS POWERS
    Jun 12, 2011
    An employee who listens to consumer complaints should have a thick skin. He or she might reasonably expect to hear complaints just like the ones in this case, i.e. complaints laced with references to bovine excrement, body parts and other vulgarities derived from sexually-related…
18. CANDARI v. LOS ANGELES UNIFIED SCHOOL DISTRICT
    Jun 12, 2011
    The sole issue presented on appeal is whether the trial court committed error in issuing a peremptory writ of mandate directing defendant and appellant Los Angeles Unified School District Personnel Commission (Commission) to vacate that portion of its administrative order of Apri…
19. In re Marriage of MARCI and GARY FONG Part-II
    Jun 12, 2011
    Gary Fong appeals an order imposing $200,000 in monetary sanctions against him under Family Code section 2107, subdivision (c)[1] for failure to comply with his disclosure obligations and imposing an additional $100,000 in attorney fees and costs under section 271. He contends Ma…
20. In re Marriage of MARCI and GARY FONG Part-I
    Jun 12, 2011
    Gary Fong appeals an order imposing $200,000 in monetary sanctions against him under Family Code section 2107, subdivision (c)[1] for failure to comply with his disclosure obligations and imposing an additional $100,000 in attorney fees and costs under section 271. He contends Ma…