Fear Not Law Unpublished Published

CA Pub. Decisions

California Supreme Court and Court of Appeal published (citable) opinions.
2,656 opinions · page 38 of 100 · 20 per page
  1. TURMAN v. TURNING POINT OF CENTRAL CALIFORNIA, INC
    Dec 31, 2010
    Appellant Joyce Turman sued her former employer, respondent Turning Point of Central California, Inc. for gender discrimination based on disparate treatment and a hostile work environment. At the conclusion of the evidence at trial, the court instructed the jury on disparate impa…
  2. FLEMING v. SUPERIOR COURT OF ORANGE COUNTY Part-II
    Dec 31, 2010
    Penal Code section 424 provides that each officer of any school district in this state who is charged with the â€
  3. FLEMING v. SUPERIOR COURT OF ORANGE COUNTY Part-I
    Dec 31, 2010
    Penal Code section 424 provides that each officer of any school district in this state who is charged with the â€
  4. PEOPLE v. ROSAS
    Dec 31, 2010
    One of the issues in this appeal from the resentencing of Federico Rosas for two attempted murders of a rival gang member raises a question of first impression in criminal sentencing procedure: Does a trial court, upon appellate remand for resentencing, have the legal authority t…
  5. DOVER VILLAGE ASSOCIATION v. JENNISON
    Dec 31, 2010
    Patrick Jennison had a leaky sewer pipe two feet beneath the concrete slab underlying his Newport Beach condo. The homeowner association said he was responsible for the repair bill on the theory that the sewer pipe was â€
  6. PEOPLE v. CABRERA
    Dec 31, 2010
    A jury convicted defendant Henry Cabrera of carjacking (Pen. Code, § 215, subd. (a); all statutory references are to this code unless otherwise stated; count 1); attempted second degree robbery (§§ 211, 212.5, subd. (c), 664; count 2); possession of a firearm by a felon (§ 12…
  7. SHEPPARD v. NORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM Part-II
    Dec 31, 2010
    Plaintiff James Sheppard was a part‑time instructor employed by defendant North Orange County Regional Occupational Program (NOCROP). NOCROP was created by four public school districts. During his employment, Sheppard was required to spend 20 minutes of unpaid time preparing fo…
  8. SHEPPARD v. NORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM Part-I
    Dec 31, 2010
    Plaintiff James Sheppard was a part‑time instructor employed by defendant North Orange County Regional Occupational Program (NOCROP). NOCROP was created by four public school districts. During his employment, Sheppard was required to spend 20 minutes of unpaid time preparing fo…
  9. ARCADIA v. STATE WATER RESOURCES CONTROL BOARD Part-II
    Dec 31, 2010
    This case concerns the construction and application of the federal Clean Water Act (Clean Water Act; 33 U.S.C. § 1251 et seq.) and the Porter-Cologne Water Quality Control Act (Porter-Cologne Act; Wat. Code, § 13000 et seq., unless otherwise stated, all further statutory refere…
  10. ARCADIA v. STATE WATER RESOURCES CONTROL BOARD Part-I
    Dec 31, 2010
    This case concerns the construction and application of the federal Clean Water Act (Clean Water Act; 33 U.S.C. § 1251 et seq.) and the Porter-Cologne Water Quality Control Act (Porter-Cologne Act; Wat. Code, § 13000 et seq., unless otherwise stated, all further statutory refere…
  11. In re SEAN A Part-II
    Dec 31, 2010
    The juvenile court declared Sean A. a ward of the court (Welf. & Inst. Code, § 602) and placed him on probation after Sean admitted to possessing a controlled substance for sale in violation of Health and Safety Code section 11378. Sean appeals, contending that the juvenile cour…
  12. In re SEAN A Part-I
    Dec 31, 2010
    The juvenile court declared Sean A. a ward of the court (Welf. & Inst. Code, § 602) and placed him on probation after Sean admitted to possessing a controlled substance for sale in violation of Health and Safety Code section 11378. Sean appeals, contending that the juvenile cour…
  13. TALLEY v. VALUATION COUNSELORS GROUP, INC Part-II
    Dec 31, 2010
    Since 2001, this long running dispute has traveled back and forth between state and federal courts at the respective trial and appellate levels. We now have before us the trial court's appealable orders vacating certain judgments of dismissal of an action, in which plaintiff,…
  14. TALLEY v. VALUATION COUNSELORS GROUP, INC Part-I
    Dec 31, 2010
    Since 2001, this long running dispute has traveled back and forth between state and federal courts at the respective trial and appellate levels. We now have before us the trial court's appealable orders vacating certain judgments of dismissal of an action, in which plaintiff,…
  15. PEOPLE v. SMITH
    Dec 31, 2010
    A jury found defendant Larry Steven Smith guilty of rape of an intoxicated woman (count I), rape of an unconscious woman (count II), and misdemeanor sexual battery. The trial court sentenced defendant to prison for eight years (the upper term on count I, with the terms on the oth…
  16. PEOPLE v. WOODS
    Dec 31, 2010
    Defendant, Vincent Woods, appeals from his convictions for cocaine possession (Health & Saf. Code, § 11350, subd. (a)) and misdemeanor marijuana possession. (Health & Saf. Code, § 11357, subd. (b).) In the published portion of this opinion, we address the issue of whether, when…
  17. HOME DEPOT U.S.A., INC v. SUPERIOR COURT OF
    Dec 31, 2010
    In the underlying action, real parties in interest sought to recover civil penalties from petitioner Home Depot U.S.A., Inc. (Home Depot) under the Labor Code Private Attorneys General Act of 2004 ((PAGA); Lab. Code, § 2698 et seq.).[1] The trial court overruled Home Depot's…
  18. BLIX STREET RECORDS, INC v. CASSIDY
    Dec 31, 2010
    Appellants appeal from a judgment based on, inter alia, a determination that they were judicially estopped from denying that they are bound by a settlement agreement. We hold that even if the settlement agreement had not been binding, appellants were judicially estopped from deny…
  19. In re V.M.,
    Dec 31, 2010
    The trial court was not justified in asserting dependency jurisdiction over the child in this case, who had never been abused or neglected by anyone. The child, V.M., came to the attention of the Department of Children and Family Services after her father asserted his right to cu…
  20. PEOPLE v. NESBITT Part-II
    Dec 31, 2010
    This case is closer to the recent decision in Jackson v. Superior Court (2010) 189 Cal.App.4th 1051 (Jackson). In that case, the defendant was sentenced following judgments of conviction on two felony counts. (Id. p. 1056.) The defendant thereafter filed a petition for a writ of …
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