California Supreme Court and Court of Appeal published (citable) opinions.
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MILAN v. CITY OF HOLTVILLE
Aug 24, 2010
In this case an employee at a municipal water treatment plant was injured on the job. When she was recovering from her injury, she was notified she had been terminated because the city did not believe she could perform the essential functions of her job. She then brought an actio…
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NELSON v. PEARSON FORD CO., Part-I
Aug 24, 2010
In this case, Pearson Ford Co., an automobile dealer, backdated a contract it had entered into with Reginald Nelson, the vehicle buyer. Backdating the contract rendered inaccurate the disclosed annual percentage rate (APR), and resulted in Nelson paying interest for a time period…
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NELSON v. PEARSON FORD CO., Part-II
Aug 24, 2010
In this case, Pearson Ford Co., an automobile dealer, backdated a contract it had entered into with Reginald Nelson, the vehicle buyer. Backdating the contract rendered inaccurate the disclosed annual percentage rate (APR), and resulted in Nelson paying interest for a time period…
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NELSON v. PEARSON FORD CO., Part-III
Aug 24, 2010
In this case, Pearson Ford Co., an automobile dealer, backdated a contract it had entered into with Reginald Nelson, the vehicle buyer. Backdating the contract rendered inaccurate the disclosed annual percentage rate (APR), and resulted in Nelson paying interest for a time period…
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AIR MACHINE COM SRL v. SUPERIOR COURT OF SAN DIEGO COUNTY
Aug 24, 2010
Air Machine Com SRL, an Italian limited company (COM), and Panatta Sport SRL, an Italian limited company (Panatta), (together, petitioners) seek to overturn in this writ of mandate proceeding the trial court's ruling that they generally appeared (and thus forfeited their obje…
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SAN DIEGO v. GORHAM Part-I
Aug 24, 2010
Artis Earl Gorham appeals from an order denying his motions to set aside a 1998 default judgment obtained against him by the County of San Diego Department of Child Support Services (DCSS)[1] and to dismiss the action. He brought his motion to vacate the judgment on grounds the t…
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SAN DIEGO v. GORHAM Part-II
Aug 24, 2010
Artis Earl Gorham appeals from an order denying his motions to set aside a 1998 default judgment obtained against him by the County of San Diego Department of Child Support Services (DCSS)[1] and to dismiss the action. He brought his motion to vacate the judgment on grounds the t…
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P. v. Loyola
Aug 19, 2010
Defendant Daniel Richard Loyola was walking down the street at 12:34 a.m. When he saw a deputy sheriff, he turned and walked in the opposite direction. Defendant then discarded a metal container and walked away. The deputy sheriff made contact with defendant and noticed that he w…
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HOWARD v. AMERICAN NATIONAL FIRE INS. CO. part-II
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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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…