California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE v. WHITE
Feb 18, 2011
The procedures attendant to a criminal defendant's right to discover relevant evidence in confidential peace officer personnel files--through the filing of a so-called "Pitchess"[1] motion--are established by both statute and decisional law.[2] The defining hallmark o…
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PEOPLE v. CABALLERO
Feb 18, 2011
Defendant Rodrigo Caballero appeals from the judgment entered following his conviction by jury of three counts of willful, deliberate, and premeditated attempted murder, with findings that he personally and intentionally discharged a firearm, inflicted great bodily injury upon on…
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PEOPLE v. MIRANDA
Feb 18, 2011
Defendant Humberto Miranda appeals from the judgment of conviction of attempted murder, second degree robbery, possession of a firearm by a felon and assault with a firearm. He contends principally: (1) there was insufficient evidence to support the conviction on all of the subst…
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BROWN v. GRIMES
Feb 18, 2011
For the following three reasons, the trial court refused to enforce a fee-sharing agreement between lawyers plaintiff James Brown and defendant Milton Grimes arising out of cases they handled in Texas: Brown had not performed his contractual responsibility to pay Paul Ross, a thi…
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ZUBARAU v. PALMDALE Part-II
Feb 18, 2011
Plaintiff Alec Zubarau, an amateur or â€
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ZUBARAU v. PALMDALE Part-I
Feb 18, 2011
Plaintiff Alec Zubarau, an amateur or â€
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PEOPLE v. VILA
Feb 18, 2011
A criminal defendant has a hard enough time defending the underlying charge. He should not "pick a new fight" with the prosecutor and yet another fight with his court appointed counsel, i. e. he should not threaten to kill them thereby creating two new cases to defend. He…
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CITIZENS PLANNING ASSOCIATION v. SANTA BARBARA
Feb 18, 2011
The City of Santa Barbara (City) approved the development of 25 single-family homes. The project was to be constructed by real parties in interest and appellants, Peak-Las Positas Partners and its managing partner, Mark Lee (Las Positas). The City and Las Positas wished to provid…
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ROE v.DOE Part-II
Feb 18, 2011
Code of Civil Procedure section 340.1 is an interpretive beast, a Frankenstein's monster of legislative parts stitched together over 16 years. And like Shelley's literary counterpart, this legislative monster is easily misunderstood, especially when it comes to the 2002 a…
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ROE v.DOE Part-I
Feb 18, 2011
Plaintiffs John Roe 58 and John Roe 61 appeal from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrers of various Catholic Church entities to their first amended complaint. Because the statute of limitations on the plaintiffs'…
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In re Marriage of SANDRA and EDWARD FOSSUM
Feb 18, 2011
Appellant Edward Fossum and his ex-wife, respondent Sandra Fossum purchased a house in 1994. To obtain the best interest rate, the property was purchased in Edward's[1] name alone, but later title was placed in both spouses' names. In 1998, the parties agreed to enter int…
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PEOPLE v. ARMAS
Feb 18, 2011
Defendant and appellant Jose Armas was convicted, following a plea of nolo contendere, of one count of lewd conduct with a person under 14.[1] Pursuant to a plea agreement, defendant was sentenced to probation, subject to several conditions, including sex offender registration.[2…
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NORTEL NETWORKS INC v.STATE BOARD OF EQUALIZATION
Feb 18, 2011
This appeal requires an interpretation of the Sales and Use Tax Law. (Rev. & Tax. Code, § 6001 et seq.)[1] Nortel Networks Inc. sells telephone switching equipment in California. Income from switch hardware sales is indisputably taxable by the State of California. The question i…
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SCHOENFELD v. BOARD OF PAROLE HEARINGS
Feb 18, 2011
Plaintiff Richard Schoenfeld is currently incarcerated for crimes he committed approximately 35 years ago. On October 30, 2008, the Board of Parole Hearings (Board) found him suitable for parole. On August 14, 2009, at a hearing to calculate his release date under applicable inde…
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BOLOGNA v. SAN FRANCISCO
Feb 18, 2011
This case arises from the tragic and senseless killings of Anthony Bologna and his sons Michael and Matthew, who were stopped in traffic in San Francisco when Edwin Ramos, an illegal immigrant, allegedly shot and killed them. Plaintiffs Danielle, Andrew, and Francesca Bologna are…
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T.P.v. T.W
Feb 18, 2011
In response to a paternity action initiated by T.P., T.W. filed a petition under Family Code section 7802 to free her child from the custody and control of T.P., the admitted biological father. The trial court ruled Mother had no standing to commence such a proceeding and entered…
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In re JOSE
Feb 18, 2011
Appellant Jose T. appeals from a jurisdictional and dispositional order in a Welfare and Institutions Code section 602 proceeding declaring wardship and committing him to the Division of Juvenile Justice (DJJ). Appellant contends that the juvenile court abused its discretion by a…
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KULLAR v.FOOT LOCKER RETAIL, INC
Feb 18, 2011
The defendant in these consolidated class actions appeals from an order denying its motion to disqualify the attorneys for parties who have objected to the proposed settlement agreement in the first of these cases and are the plaintiffs in the second action in which a class has n…
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PEOPLE v. RUSSELL
Dec 31, 2010
A modification decision.
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GOLIN v. ALLENBY
Dec 31, 2010
A modification decision.