California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE v. WILSON Part-II
Aug 26, 2010
Appellant/defendant Anthony Wilson, a prisoner at California Correctional Institution, Tehachapi, declared to Correctional Officer Bryan Thornberry that he could find anyone and â€
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PEOPLE v. WILSON Part-III
Aug 26, 2010
Appellant/defendant Anthony Wilson, a prisoner at California Correctional Institution, Tehachapi, declared to Correctional Officer Bryan Thornberry that he could find anyone and â€
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HOMEBUILDERS ASSOCIATION OF TULARE/KINGS COUNTIES, INC v. CITY OF LEMOORE
Aug 26, 2010
A modification decision.
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PEOPLE v. PHILLIPS
Aug 26, 2010
In June of 2008, Jason Troy Phillips (appellant) pled guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) under a deferred entry of judgment, pursuant to Penal Code sections 1000 and 859a. In May of 2009, the court found appellant failed to comply wi…
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KRUSS v. BOOTH
Aug 26, 2010
A modification decision.
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STEVENSON v. BOARD OF RETIREMENT OF THE ORANGE COUNTY EMPLOYEES' RETIREMENT SYST
Aug 26, 2010
Orange County employees receive retirement benefits under a retirement system established pursuant to the County Employees Retirement Law of 1937 (CERL) (Gov. Code, § 31450 et seq.). (All further statutory references are to the Government Code, unless otherwise specified.) The p…
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RODEN v.AMERISOURCEBERGEN CORPORATION
Aug 26, 2010
We now have before us Donald R. Roden (Roden) and AmerisourceBergen Corporation (AmerisourceBergen) in the fourth round of their dispute concerning Roden's entitlements arising out of his employment termination. In the third appeal, we addressed a postjudgment order concernin…
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PEOPLE v. BENNER
Aug 25, 2010
A modification decision.
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MONTGOMERY v. SUPERIOR COURT OF ORANGE COUNTY,
Aug 25, 2010
Laura and Douglas Montgomery (the Montgomerys) are the plaintiffs in a medical malpractice action against physician Mark Knight. They petition for relief from the order of the trial court removing their only expert witness on the medical standard of care and causation. The trial …
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NORDSTROM COMMISSION CASES.
Aug 25, 2010
Ernest Young and Nicole Savala filed separate class action lawsuits against Nordstrom, Inc., alleging Nordstrom's policy of paying net sales commissions to its commissioned sales employees violated sections 221 and 203 of the Labor Code. (All further statutory references are …
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MOLECULAR ANALYTICAL SYSTEMS v. CIPHERGEN BIOSYSTEMS, INC Part-I
Aug 25, 2010
This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its cla…
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MOLECULAR ANALYTICAL SYSTEMS v. CIPHERGEN BIOSYSTEMS, INC
Aug 25, 2010
The order is reversed, and the matter is remanded to the trial court with directions to enter a new and different order granting defendants' motion to compel arbitration. <br />
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In re MICHAEL
Aug 25, 2010
A modification decision.
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S.B.C.C., INC v. ST. PAUL FIRE & MARINE INSURANCE COMPANY
Aug 25, 2010
In this action for insurance bad faith, plaintiff S.B.C.C., doing business as South Bay Construction Company (South Bay) alleged that its insurer, defendant St. Paul Fire & Marine Insurance Company (St. Paul) had wrongfully refused to defend South Bay in an action brought by its …
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In re A.C v. S.E.
Aug 25, 2010
The aim and purpose of Welfare and Institutions Code section 387[1] is the removal of a dependent child from the custody of a parent, guardian, relative, or friend and the placement of that child in a foster home or county institution. The section provides the procedure by which …
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MOLECULAR ANALYTICAL SYSTEMS v. CIPHERGEN BIOSYSTEMS, INC Part-I
Aug 25, 2010
This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its cla…
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PEOPLE v. SOLOMON Part-II
Aug 25, 2010
This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its cla…
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PEOPLE v. SOLOMON Part-III
Aug 25, 2010
This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its cla…
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PEOPLE v. SOLOMON Part-IV
Aug 25, 2010
This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its cla…
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RIVER GARDEN RETIREMENT HOME v.FRANCHISE TAX BOARD Part-I
Aug 24, 2010
For years Revenue and Taxation Code[1] section 24402 allowed California corporate taxpayers to deduct a portion of the dividends they received from another corporation when those dividends were included in the payer's measure of California franchise, income or alternative min…