CA Pub. Decisions

1. PEOPLE v. KIM Part-I
   Dec 27, 2011
   Defendant Hyung Joon Kim was born in South Korea and entered this country legally with his parents when he was a young child. He has lived in this country as a legal resident for more than two decades but never became a citizen. As a result of his multiple criminal convictions, t…
2. PEOPLE v. VILLA
   Dec 27, 2011
   Avelino Ceja Villa, a lawful resident alien, pleaded guilty to a felony in this state in 1989 and served a three-year period of probation. Now, many years later, he is facing removal from this country by federal immigration authorities, allegedly because of his 1989 conviction. I…
3. PEOPLE v. MALDONADO
   Dec 27, 2011
   A jury convicted defendant of possessing methamphetamine for sale, a felony, and being under the influence of methamphetamine, a misdemeanor. (Health & Saf. Code, §§ 11378, 11550, sub. (a).) Defendant admitted that he had three prior convictions for being under the influence of…
4. In re T. B.,
   Dec 27, 2011
   Defendant T.B. appeals from the jurisdictional and dispositional findings of the trial court, adjudging him to be a ward of the court in connection with two counts alleged in a Welfare and Institutions Code section 602 petition: possession of a weapon on school grounds (Pen. Code…
5. In re DAVID H. McGRAW
   Dec 27, 2011
   A modification decision.
6. In re B.S., JR.,
   Dec 27, 2011
   B.S., Sr. (the father) appeals from the juvenile court's issuance of a restraining order under Welfare and Institutions Code section 213.5. The challenged order names his son, B.S., Jr. (B.S.) -- the subject of this juvenile dependency proceeding -- as a protected person, alo…
7. In re JOSEPH ROZZO Part-II
   Dec 27, 2011
   Joseph Rozzo murdered Richard Heggie in 1980. In 1982, a jury found Rozzo guilty of second degree murder, and he is currently serving a sentence of 16 years to life. Rozzo filed this petition for writ of habeas corpus challenging the Governor's reversal of a decision of the B…
8. In re JOSEPH ROZZO Part-I
   Dec 27, 2011
   Joseph Rozzo murdered Richard Heggie in 1980. In 1982, a jury found Rozzo guilty of second degree murder, and he is currently serving a sentence of 16 years to life. Rozzo filed this petition for writ of habeas corpus challenging the Governor's reversal of a decision of the B…
9. PEOPLE v.GRIMES
   Dec 27, 2011
   Defendant John Robert Grimes entered unconditional pleas of guilty to battery with serious bodily injury (Pen. Code, § 243, subd. (d), further section references are to this code; count I) and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1); count II…
10. In re K.M.
    Dec 27, 2011
    C.M. appeals an order of the juvenile court terminating parental rights and finding her child adoptable. (Welf. & Inst. Code, § 366.26.)[1] She contends the juvenile court erred in giving the notices required by the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). We…
11. PEAK-LAS POSITAS PARTNERS v. BOLLAG
    Dec 27, 2011
    Parties agree to act reasonably in their contractual relationship. This case demonstrates that when a party acts unreasonably, no one prospers, except the attorneys. Michael Bollag appeals a judgment extending the escrow on a land sale contract so that buyer Peak-Las Positas Part…
12. FRANKE v. BAM BUILDING COMPANY
    Dec 27, 2011
    BAM Building Company, a general partnership, Michael T. Novick, Robert J. Novick (deceased), BAM Building, a California limited liability partnership, Michael Todd Novick Living Trust, and Novick Family Trust Number One dated June 4, 1982 (collectively BAM) appeal from a judgment…
13. BRESCIA v. ANGELIN Part-II
    Dec 27, 2011
    Code of Civil Procedure section 2019.210 (hereafter section 2019.210) provides: â€
14. BRESCIA v. ANGELIN Part-I
    Dec 27, 2011
    Code of Civil Procedure section 2019.210 (hereafter section 2019.210) provides: â€
15. SANCHEZ v. WESTERN PIZZA ENTERPRISES, INC Part-II
    Dec 27, 2011
    Western Pizza Enterprises, Inc. (Western Pizza), appeals the denial of its motion to compel arbitration of a complaint filed by Octavio Sanchez. The trial court determined that a provision in the arbitration agreement prohibiting class arbitration was unenforceable, that other te…
16. SANCHEZ v. WESTERN PIZZA ENTERPRISES, INC Part-I
    Dec 27, 2011
    Western Pizza Enterprises, Inc. (Western Pizza), appeals the denial of its motion to compel arbitration of a complaint filed by Octavio Sanchez. The trial court determined that a provision in the arbitration agreement prohibiting class arbitration was unenforceable, that other te…
17. CHANG v. LEDERMAN Part-II
    Dec 27, 2011
    More than a half century ago, in Biakanja v. Irving (1958) 49 Cal.2d 647 (Biakanja), the Supreme Court held, notwithstanding the absence of privity, a notary public, engaging in the unauthorized practice of law, who drafted and supervised the execution of a will, owed a duty of c…
18. CHANG v. LEDERMAN Part-I
    Dec 27, 2011
    More than a half century ago, in Biakanja v. Irving (1958) 49 Cal.2d 647 (Biakanja), the Supreme Court held, notwithstanding the absence of privity, a notary public, engaging in the unauthorized practice of law, who drafted and supervised the execution of a will, owed a duty of c…
19. In re the Marriage of DAVID M
    Dec 27, 2011
    In this marital dissolution action between David Dellaria (David) and Elizabeth Blickman-Dellaria (now Elizabeth Blickman) (Elizabeth), David has filed this appeal challenging the trial court's division of the parties' community property.[1] The trial court found that aft…
20. AMERICAN CIVIL RIGHTS FOUNDATION v. BERKELEY UNIFIED SCHOOL DISTRICT
    Dec 27, 2011
    Racial integration of America's public schools began with Brown v. Board of Education (1954) 347 U.S. 483, when the United States Supreme Court ruled that state-imposed segregation in education that intentionally discriminated against African Americans on the basis of their r…