California Supreme Court and Court of Appeal published (citable) opinions.
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HOWARD v. AMERICAN NATIONAL FIRE INS. CO. Part-III
Aug 19, 2010
James Howard, a young man molested as a child by a Catholic priest, sued the Bishop who retained the priest in the diocese. A jury found the Bishop liable for negligent retention, and the court entered judgment in the amount of $5.5 million: $2.5 million in compensatory damages a…
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BAY GUARDIAN COMPANY v.NEW TIMES MEDIA LLC Part-I
Aug 19, 2010
The Bay Guardian and the San Francisco Weekly are competing alternative newspapers in the San Francisco Bay Area. Each paper relies on advertising revenue in large part to sustain the publication of the news weekly. San Francisco Weekly offered advertising to business entities at…
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BAY GUARDIAN COMPANY v.NEW TIMES MEDIA LLC Part-II
Aug 19, 2010
The Bay Guardian and the San Francisco Weekly are competing alternative newspapers in the San Francisco Bay Area. Each paper relies on advertising revenue in large part to sustain the publication of the news weekly. San Francisco Weekly offered advertising to business entities at…
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BAY GUARDIAN COMPANY v.NEW TIMES MEDIA LLC
Aug 19, 2010
A modification decision.
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VITUG v.ALAMEDA POINT STORAGE, INC
Aug 19, 2010
The California Self-Service Storage Facility Act (the Act) (Bus. and Prof. Code, § 21700 et seq.)[1] regulates certain aspects of the relationship between owners and renters of storage units at self-service storage facilities. In this case, we address the following question: Doe…
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PERLAS v. GMAC MORTGAGE, LLC
Aug 19, 2010
Plaintiffs Mercedes Perlas and Len Villacorta (appellants) appeal the dismissal of their action against defendants GMAC Mortgage, LLC (GMAC), and ETS Services, LLC (ETS)[1] (collectively, respondents). Appellants borrowed money from GMAC, a commercial mortgage lender. Following t…
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SCHWARTZ v. POIZNER
Aug 19, 2010
In October 2005, following an extensive investigation, the Commissioner of the California Department of Insurance (the Commissioner) entered into a settlement agreement with a number of related insurance companies (the insurers) resolving allegations that the insurers' claims…
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PEOPLE v. COX Part-I
Aug 19, 2010
Defendants, Freddie Howard Jones, Shawney Jackson, and Jamie Cox, appeal from their convictions for murder (Pen. Code,[1] § 187, subd. (a)) and the jurors' findings that a principal personally discharged a firearm causing great bodily injury and death (§§ 12022.53, subds. …
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PEOPLE v. COX Part-II
Aug 19, 2010
Defendants, Freddie Howard Jones, Shawney Jackson, and Jamie Cox, appeal from their convictions for murder (Pen. Code,[1] § 187, subd. (a)) and the jurors' findings that a principal personally discharged a firearm causing great bodily injury and death (§§ 12022.53, subds. …
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PEOPLE v. COX Part-III
Aug 19, 2010
Defendants, Freddie Howard Jones, Shawney Jackson, and Jamie Cox, appeal from their convictions for murder (Pen. Code,[1] § 187, subd. (a)) and the jurors' findings that a principal personally discharged a firearm causing great bodily injury and death (§§ 12022.53, subds. …
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WILSON v. BROWN Part-I
Aug 19, 2010
Under Code of Civil Procedure section 2033.420, a party who unreasonably denies a request for admission may be required to pay the requesting party its reasonable expenses (including reasonable attorney's fees) incurred in proving the truth of the matter at trial. In this cas…
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WILSON v. BROWN Part-II
Aug 19, 2010
Under Code of Civil Procedure section 2033.420, a party who unreasonably denies a request for admission may be required to pay the requesting party its reasonable expenses (including reasonable attorney's fees) incurred in proving the truth of the matter at trial. In this cas…
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PEOPLE v. HALL
Aug 19, 2010
On June 18, 2005, Christopher Anthony Hall fled police in a vehicle pursuit which resulted in the deaths of Lillian Arrevalo, and 16-year-old Brian McWright. A jury convicted appellant Hall of multiple counts, including second degree murder, assault upon a peace officer, and driv…
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SOIFER v. CHICAGO TITLE COMPANY
Aug 19, 2010
In this case, the plaintff and appellant, Ben Soifer, appeals a judgment entered after the trial court sustained a demurrer to his first amended complaint without leave to amend. In Southland Title Corp. v. Superior Court (1991) 231 Cal.App.3d 530 (Southland), we held that a titl…
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SOIFER v. CHICAGO TITLE COMPANY
Aug 19, 2010
A modification decisions.
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PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE v. MCDONALD'S CORPORATION
Aug 19, 2010
Physicians Committee for Responsible Medicine (PCRM) appeals from the trial court's grant of summary judgment in favor of chain restaurant corporations. The trial court concluded that federal law preempted Proposition 65 warnings that grilled chicken contains a known carcinog…
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ALVAREZ v. WORKERS' COMPENSATION APPEALS BOARD
Aug 19, 2010
In a workers' compensation proceeding for death benefits, a panel qualified medical evaluator (Lab. Code, § 4062.2)[1] requested a copy of certain records in an ex parte telephone conversation with defense counsel. The claimant objected to the ex parte communication and peti…
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MITO v. TEMPLE RECYCLING CENTER CORPORATION
Aug 19, 2010
Plaintiffs Karoleen and Magda Mito appeal from an order dismissing their complaint with prejudice for failure to file it within the statute of limitations. Plaintiffs presented their complaint for filing to the superior court clerk on July 24, 2008, which date was within the appl…
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KING v. WILLMETT Part - I
Aug 19, 2010
Mayall, Hurley, Knutsen, Smith & Green, Mark E. Berry, Jesmin Alam for Defendant and Respondent. <br /> In this case we primarily consider whether, in a negligence action against a nonpublic defendant, the reduction of a plaintiff's award of past medical expense damages…
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KING v. WILLMETT Part - II
Aug 19, 2010
In Government Code section 985 (section 985), the Legislature has addressed the application of the collateral source rule to public defendants in personal injury or wrongful death actions. Section 985 retains the evidentiary portion of the collateral source rule by expressly proh…