California Supreme Court and Court of Appeal published (citable) opinions.
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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.
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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…
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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€
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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€
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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…
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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€
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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…
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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…
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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…
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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…
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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…
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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…