California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE v. SAIBU Part-I
Feb 22, 2011
Defendants Sadiq Saibu and Antonio Valentino appeal from their convictions and sentences after a jury trial. Saibu and Valentino were convicted for their roles in committing a robbery of a video store, two attempted robberies of a liquor store, and a murder in the same liquor sto…
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VILLA VICENZA HOMEOWNERS ASSOCIATION v. NOBEL COURT DEVELOPMENT, LLC
Feb 22, 2011
In this case the developer of a condominium project recorded a declaration of covenants, conditions and restrictions (CC&R's) which required that a homeowners association arbitrate any construction defect claim the association might have against the developer. As we explain m…
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In re T.C.
Feb 22, 2011
Mother, Sonya C., appeals the juvenile court's order terminating her parental rights to T.C. Mother contends that because the permanent plans for two-year-old T.C. and her almost 13-year-old half sister, R.B., were different, an actual conflict arose for minor's counsel a…
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ZIEHLKE v. GEORGE VALVERDE
Feb 22, 2011
Lose your sobriety, lose your driver's license, lose your job. That is one of the serious consequences for commercial motor vehicle operators who drive under the influence of alcohol.
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In re DAMIAN M. MIRANDA
Feb 21, 2011
Petitioner Damian M. Miranda petitions this court for writ of habeas corpus. He alleges the Board of Parole Hearings (Board) violated his due process rights at a parole-suitability hearing in 2007 because its determination that he was not suitable for parole was not supported by …
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In re MICHAEL JAY LOVELESS
Feb 21, 2011
In the course of a home invasion robbery, Michael Jay Loveless (defendant) shot Robert DeRungs in the head, killing him in front of DeRungs's 14-year-old son. Defendant entered a negotiated plea of guilty to second degree murder in exchange for a sentence of 15 years to life …
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MICHAEL v. STOCKTON
Feb 21, 2011
Nine years after the City of Stockton (City) initiated eminent domain proceedings to acquire real property owned by Andrew C. Cobb, as trustee of the Andrew C. Cobb 1992 Revocable Trust (the Trust), and after the City constructed a public roadway across the condemned property, th…
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DOBBAS v. VITAS
Feb 21, 2011
This case reviews the denial of American Guarantee and Liability Insurance Company's motion to intervene in an action between James Dobbas and Fred Vitas and Fred Vitas Insurance Agency. The action is based on Vitas's failure to obtain excess insurance to cover an injury …
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CALIFORNIA STATEWIDE LAW ENFORCEMENT ASSOCIATION v. CALIFORNIA DEPARTMENT OF PERSONNEL ADMINISTRATION Part-II
Feb 21, 2011
Many millions of dollars are at stake in this case. At issue is the process by which a public employee labor union and the Governor negotiate benefits for state employees and then present their collective bargaining agreement to the Legislature for approval and funding. Such agre…
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CALIFORNIA STATEWIDE LAW ENFORCEMENT ASSOCIATION v. CALIFORNIA DEPARTMENT OF PERSONNEL ADMINISTRATION Part-I
Feb 21, 2011
Many millions of dollars are at stake in this case. At issue is the process by which a public employee labor union and the Governor negotiate benefits for state employees and then present their collective bargaining agreement to the Legislature for approval and funding. Such agre…
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PEOPLE v. VIGIL Part-II
Feb 21, 2011
This case involves one of the most egregious types of juror misconduct. During deliberations, a juror performed an experiment at his home under conditions not subject to judicial oversight or cross-examination. He later reported the result, which was unfavorable to defendant, to …
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PEOPLE v. VIGIL Part-I
Feb 21, 2011
This case involves one of the most egregious types of juror misconduct. During deliberations, a juror performed an experiment at his home under conditions not subject to judicial oversight or cross-examination. He later reported the result, which was unfavorable to defendant, to …
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In re BRITTANY C
Feb 21, 2011
Craig C. (Father), Elsie C. (Mother), and Christopher C. (Chris)[1] appeal from the juvenile court's visitation order. They contend the manner in which the order was crafted denies them visitation with the four youngest children and allege the juvenile court improperly delega…
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HOME DEPOT U.S.A. INC.v. SUPERIOR COURT OF
Feb 21, 2011
A modification decision.
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PEOPLE v. SIGALA
Feb 21, 2011
Defendant and appellant Jimmy Sigala was convicted by jury of three counts of continuous sexual abuse of a child under the age of 14 years. (Pen. Code, § 288.5, subd. (a).)[1] The jury found that defendant had substantial sexual contact with each victim (§ 1203.066, subd. (a)(8…
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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…