CA Pub. Decisions

1. PEOPLE v. NESBITT Part-I
   Dec 31, 2010
   Defendant and appellant Michael Nesbitt (defendant) was convicted on six felony counts based upon the sexual abuse of three of his children.[1] On appeal, defendant contends, inter alia, that the trial court lacked jurisdiction to vacate an order entered in the minutes dismissing…
2. PARTNERS v. DEPARTMENT OF INDUSTRIAL RELATIONS Part-II
   Dec 30, 2010
   The Mello-Roos Act itself also supports the conclusion that payment of proceeds from Mello-Roos bonds by the CFD constitutes a payment of money by a political subdivision of the state to a developer. The Act is â€
3. PARTNERS v. DEPARTMENT OF INDUSTRIAL RELATIONS
   Dec 30, 2010
   Azusa Land Partners (ALP) appeals from a judgment denying its petition for writ of mandate. (Code Civ. Proc., § 1085.) ALP seeks to vacate a determination by respondent Department of Industrial Relations (Department) that a planned community project is a â€
4. SCHUMAN v. IGNATIN
   Dec 30, 2010
   This case involves a dispute among property owners in a general plan development of 68 homes in Los Angeles. The owners of one of the properties, Allan Ignatin and Janet Sobell (collectively, Ignatin),[1] want to build a house that other property owners believe would violate reco…
5. CITY OF SANTA ROSA v. PATEL
   Dec 30, 2010
   These appeals, consolidated on this court's motion, follow the trial court's entry of an order awarding the City of Santa Rosa and the People of the State of California (collectively, the City) attorney fees in this red light abatement action. In appeal No. A124199, the C…
6. CALIFORNIA SCHOOL BOARDS ASSOCIATION v. STATE BOARD OF EDUCATION Part-I
   Sep 27, 2010
   Charter schools are public schools that operate independently from, but with oversight by, the school districts or county boards of education that approve their charters. Before 2002, charter schools operated without geographic restrictions; a school chartered in Los Angeles coul…
7. CALIFORNIA SCHOOL BOARDS ASSOCIATION v. STATE BOARD OF EDUCATION Part-II
   Sep 27, 2010
   Charter schools are public schools that operate independently from, but with oversight by, the school districts or county boards of education that approve their charters. Before 2002, charter schools operated without geographic restrictions; a school chartered in Los Angeles coul…
8. CELLPHONE FEE TERMINATION Part-I
   Sep 27, 2010
   This is a consolidated appeal in one of several coordinated class actions that challenge wireless telephone carriers' imposition of early termination fees (ETF's) on customers seeking to cancel cellular telephone contracts. The defendant/respondent in this proceeding is C…
9. CELLPHONE FEE TERMINATION Part-II
   Sep 27, 2010
   This is a consolidated appeal in one of several coordinated class actions that challenge wireless telephone carriers' imposition of early termination fees (ETF's) on customers seeking to cancel cellular telephone contracts. The defendant/respondent in this proceeding is C…
10. TUCKER v. PACIFIC BELL MOBILE SERVICES
    Sep 27, 2010
    In this proposed class action, plaintiffs allege defendant cell phone providers, Pacific Bell Mobile Services and Cingular Wireless LLC (collectively defendants) violated the Unfair Competition Law (Bus. & Prof., § 17200 et seq.) by selling â€
11. In re D.G
    Sep 27, 2010
    Appellant D.G., a ward of the court, was placed on juvenile probation after he and another person were seen burglarizing a home. Neither appellant's current burglary nor his past offenses were committed near a school or involved classmates or other juveniles. Yet in imposing …
12. BOWMAN v. WYATT
    Sep 27, 2010
    A modification decision.
13. PEOPLE v. WONG
    Sep 27, 2010
    The story of Leland Wong (Wong) is one of graft and hubris. Wrongly believing he could get away with lying, cheating and stealing, he ended up convicted of multiple crimes, including embezzling money (Pen. Code, § 487, subd. (a)),[1] accepting a bribe <br /> (§ 68); actin…
14. BOOKOUT v. STATE OF CALIFORNIA
    Sep 27, 2010
    Plaintiff brought this action against a number of public entities and a railroad claiming the defendants caused his property to flood when it rained. The complaint alleged inverse condemnation and tort causes of action. The inverse condemnation cause of action was tried to the co…
15. In re the Marriage of XIA GUO and XIAO HUA SUN.
    Sep 27, 2010
    The superior court entered a judgment nullifying the marriage of appellant Xiao Hua Sun and respondent Xia Guo on the ground that Sun was married to another woman when he purportedly married Guo. The court also denied Sun's claim that he was Guo's putative spouse pursuant…
16. AVEDON v. STATE OF CALIFORNIA
    Sep 27, 2010
    Property owners whose homes were destroyed or damaged in the 2007 Corral Canyon fire sued the State of California on theories of dangerous condition of public property and nuisance. The trial court sustained the State of California's demurrer without leave to amend and dismis…
17. GREAT LAKES CONSTRUCTION v. BURMAN
    Sep 27, 2010
    Attorneys who jointly represent clients in the same action owe a duty of undivided loyalty to each of their clients and are subject to disqualification if an unwaivable conflict exists arising from the joint representation. We address whether a non-client may enforce this duty of…
18. SACRAMENTO SUNCREEK APARTMENTS v. CAMBRIDGE ADVANTAGED PROPERTIES Part-I
    Sep 27, 2010
    California's long-arm statute permits the exercise of personal jurisdiction â€
19. SACRAMENTO SUNCREEK APARTMENTS v. CAMBRIDGE ADVANTAGED PROPERTIES Part-II
    Sep 27, 2010
    California's long-arm statute permits the exercise of personal jurisdiction â€
20. KIRBY v. IMMOOS FIRE PROTECTION Part-I
    Sep 27, 2010
    This appeal challenges an award of attorney's fees to an employer who successfully defended against allegations of labor law violations brought by two former employees. Appellants Anthony Kirby and Rick Leech, Jr. (collectively Kirby) sued respondent Immoos Fire Protection, I…