California Supreme Court and Court of Appeal published (citable) opinions.
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In re MICHAEL B. PRATHER Part-II
Sep 27, 2010
Court granted review in these two cases to determine the proper scope of an order directed to the Board of Parole Hearings (the Board) when a reviewing court concludes that a decision to deny parole by the Board is not supported by â€
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Melchor v. Fresno Community Hospital and Medical Center
Sep 27, 2010
Jose Melchor and Natalie Melchor, by and through their guardians ad litem, Martin Melchor and Ramona Melchor, appeal from a judgment entered after the court granted the summary judgment motion of respondent Fresno Community Hospital and Medical Center (Fresno Community). Appellan…
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Melchor v. Pena
Sep 27, 2010
Jose Melchor and Natalie Melchor, by and through their guardians ad litem, Martin Melchor and Ramona Melchor, appeal from a judgment entered after the court granted the summary judgment motion of respondents Jorge Pena, M.D. and Gina Marie Adair, M.D. Appellants contend: a triabl…
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DeSilva Gates Construction v. M. Bumgarner, Inc.
Sep 25, 2010
DeSilva Gates Construction, L.P. (DeSilva Gates) appeals from a determination of the Alameda County Superior Court, following a jury trial, that subcontractor M. Bumgarner, Inc. (MBI) owed DeSilva Gates neither a duty to defend nor a duty to indemnify under the terms of the subco…
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LA SERENA PROPERTIES v. WEISBACH
Sep 24, 2010
A modification decision.
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KHAN v. LOS ANGELES CITY EMPLOYEES' RETIREMENT SYSTEM Part-I
Sep 24, 2010
The Los Angeles City Employees Retirement System (LACERS) appeals from a judgment in favor of Abraham Khan (Khan) granting his petition for writ of mandate compelling LACERS to approve his request for concurrent deferred retirement benefits with LACERS and the Judicial Retirement…
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KHAN v. LOS ANGELES CITY EMPLOYEES' RETIREMENT SYSTEM Part-II
Sep 24, 2010
The Los Angeles City Employees Retirement System (LACERS) appeals from a judgment in favor of Abraham Khan (Khan) granting his petition for writ of mandate compelling LACERS to approve his request for concurrent deferred retirement benefits with LACERS and the Judicial Retirement…
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LOS ANGELES UNIFIED SCHOOL DISTRICT v. CASASOLA Part-I
Sep 24, 2010
Respondent Los Angeles Unified School District (the District) acquired by eminent domain property on which appellants Rudy and Teresa Casasola (the Casasolas) operated a small business. The Casasolas relocated their business to a new, larger property and spent nearly $1.4 million…
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LOS ANGELES UNIFIED SCHOOL DISTRICT v. CASASOLA Part-II
Sep 24, 2010
Respondent Los Angeles Unified School District (the District) acquired by eminent domain property on which appellants Rudy and Teresa Casasola (the Casasolas) operated a small business. The Casasolas relocated their business to a new, larger property and spent nearly $1.4 million…
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COUNTRYWIDE FINANCIAL CORP. v.BUNDY Part-I
Sep 24, 2010
Defendants, Thomas Bundy, Misty Sanchez, Kevin Prevost and David Godina, appeal from an order vacating partial arbitration awards against plaintiffs, Countrywide Financial Corporation and Full Spectrum Lending, Inc. Judge Elizabeth A. White vacated the partial arbitration awards …
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COUNTRYWIDE FINANCIAL CORP. v.BUNDY Part-II
Sep 24, 2010
Defendants, Thomas Bundy, Misty Sanchez, Kevin Prevost and David Godina, appeal from an order vacating partial arbitration awards against plaintiffs, Countrywide Financial Corporation and Full Spectrum Lending, Inc. Judge Elizabeth A. White vacated the partial arbitration awards …
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MARISCAL v. LOS ANGELES CITY EMPLOYEE RELATIONS BOARD
Sep 24, 2010
Weinberg, Roger & Rosenfeld, James Rutkowski and Alan Crowley; Robert Hunt, General Counsel SEIU Local 721, for Real Party in Interest and Respondent. <br /> Plaintiff and appellant Dan Mariscal (Mariscal) appeals from the trial court's denial of his petition for writ o…
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In re VANESSA Q.
Sep 24, 2010
Jose T.'s parental rights were terminated pursuant to Family Code section 7822, subdivision (a)(3),[1] after the family law court found he had abandoned his three genetic children, Vanessa Q. (born in May 1993), Christopher Q. (born in February 1995) and Rebecca Q. (born in M…
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In re WILLIE CLIFFORD COLEY
Sep 24, 2010
Petitioner was convicted of failing to update his sex offender registration within five working days of his birthday (former Pen. Code, § 290, subd. (a)(1)(D))[1] and, due to his prior criminal convictions, was sentenced to 25 years to life pursuant to the Three Strikes law (Pen…
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TRACKMAN v. KENNEY
Sep 24, 2010
The trial court granted defendant Mike Kenney's motion to vacate a default judgment entered in favor of plaintiff Stephen O. Trackman, finding that the evidence showed no actual service on Kenney. Trackman appealed, and argues the trial court mistakenly relied on evidence ins…
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PEOPLE v. BUSCH
Sep 24, 2010
A jury found defendant Andrew Benson Busch guilty of transportation of more than 28.5 grams of marijuana (Health & Saf. Code, § 11360, subd. (a); undesignated statutory references are to the Health and Safety Code), possession of more than 28.5 grams of marijuana (§ 11357, subd…
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PEOPLE v. STANLEY
Sep 24, 2010
We here decide how to calculate a victim's property damages for purposes of a victim restitution order. When a criminal damages a victim's vehicle, we conclude the trial court may in its discretion award the victim the cost of repairing the vehicle, even if that amount ex…
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HENDERSON v. PACIFIC GAS AND ELECTRIC CO
Sep 24, 2010
Plaintiff Susan Henderson's counsel went â€
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PEOPLE v. COWAN Part-I
Sep 24, 2010
A Kern County jury found defendant Robert Wesley Cowan guilty of the first degree murders of Clifford and Alma Merck (Pen. Code, §§ 187, subd. (a), 189)[1] and found true the special circumstance allegations of multiple murder (§ 190.2, subd. (a)(3)) and murder during the comm…
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PEOPLE v. COWAN Part-II
Sep 24, 2010
A Kern County jury found defendant Robert Wesley Cowan guilty of the first degree murders of Clifford and Alma Merck (Pen. Code, §§ 187, subd. (a), 189)[1] and found true the special circumstance allegations of multiple murder (§ 190.2, subd. (a)(3)) and murder during the comm…