California Supreme Court and Court of Appeal published (citable) opinions.
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In re MARIAH T.
Feb 25, 2008
Welfare and Institutions Code Sec. 300(a), which allows dependency court to take jurisdiction of minor if child has suffered or is at a substantial risk of suffering "serious physical harm inflicted nonaccidentally" by a parent or guardian, but excepts from phrase any …
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BRUYN v. THE SUPERIOR COURT
Feb 25, 2008
Insurance Code Sec. 530 and the "efficient proximate cause" doctrine that it codifies do not require homeowners' insurer, under policy covering losses to the dwelling and personal property caused by a sudden and accidental discharge of water from any plumbing or house…
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PUERTO v. THE SUPERIOR COURT PART I
Feb 25, 2008
Trial court abused its discretion by limiting plaintiffs' discovery of addresses and telephone numbers of persons identified by defendant as having potentially discoverable information to those persons willing to have their addresses and phone numbers disclosed in response to…
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PUERTO v. THE SUPERIOR COURT PART II
Feb 25, 2008
Trial court abused its discretion by limiting plaintiffs' discovery of addresses and telephone numbers of persons identified by defendant as having potentially discoverable information to those persons willing to have their addresses and phone numbers disclosed in response to…
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DEVELOPMENT v. 607 SOUTH PARK
Feb 25, 2008
Where defendant limited liability company entered into contract to sell real property to partnership, and partnership subsequently assigned rights under contract to plaintiff limited liability company that did not exist at time of contract formation, plaintiff could enforce any p…
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ZEVNIK v. THE SUPERIOR COURT
Feb 25, 2008
Where a trial court relies on alternative grounds to support its decision and an appellate court affirms decision based on fewer than all of those grounds, only grounds relied on by appellate court can establish collateral estoppel.
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HERITAGE PROVIDER NETWORK v. THE SUPERIOR COURT
Feb 25, 2008
Where doctors quit one medical group and joined another, group that formerly employed physicians sued them and the group they had joined, and physicians successfully petitioned to compel arbitration of their former employer's claims against them, trial court was required by C…
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In re JAMES W.
Feb 25, 2008
Where juvenile court appointed guardian ad litem for parent in dependency proceedings and subsequently terminated parental rights, its failure to explain guardian ad litem to parent and to give parent meaningful opportunity to be heard in opposition to appointment was error, but …
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McGARRY v. SAX PART I
Feb 25, 2008
Primary assumption of risk doctrine barred action by plaintiff injured while attending skateboarding exhibition at which one of the performers threw a skateboard deck into the crowd, resulting in jostling among spectators seeking to retrieve the deck, which was the alleged cause …
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McGARRY v. SAX PART II
Feb 25, 2008
Primary assumption of risk doctrine barred action by plaintiff injured while attending skateboarding exhibition at which one of the performers threw a skateboard deck into the crowd, resulting in jostling among spectators seeking to retrieve the deck, which was the alleged cause …
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BURDETTE v. CARRIER CORPORATION PART I
Feb 25, 2008
Where plaintiff's defamation claim against his former employer, based on alleged statements by one named and other unnamed co employees, was fully resolved on its merits, plaintiff's subsequent defamation claim against same defendant based upon statements allegedly made b…
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BURDETTE v. CARRIER CORPORATION PART II
Feb 25, 2008
Where plaintiff's defamation claim against his former employer, based on alleged statements by one named and other unnamed co employees, was fully resolved on its merits, plaintiff's subsequent defamation claim against same defendant based upon statements allegedly made b…
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THE PEOPLE v. MATYE
Feb 25, 2008
Where defendant physically assaulted, threatened, and falsely imprisoned his 60 year old mother who was partially paralyzed on one side of her body, his conviction under Penal Code Sec. 368 was supported by sufficient evidence that he had willfully injured and falsely imprisoned …
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THE PEOPLE v. GILL PART I
Feb 25, 2008
Defendant was properly convicted of burglarizing his own home where he returned and forcibly entered, with intent to sexually assault his wife, after wife told him to leave the residence and he did so, turning over his keys to wife.
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THE PEOPLE v. GILL PART II
Feb 25, 2008
Defendant was properly convicted of burglarizing his own home where he returned and forcibly entered, with intent to sexually assault his wife, after wife told him to leave the residence and he did so, turning over his keys to wife.
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THE PEOPLE v. GILL PART III
Feb 25, 2008
Defendant was properly convicted of burglarizing his own home where he returned and forcibly entered, with intent to sexually assault his wife, after wife told him to leave the residence and he did so, turning over his keys to wife.
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In re NATHAN POPE
Feb 25, 2008
Where defendant pled guilty to gross vehicular manslaughter a nonviolent felony and two felony counts of alcohol related driving with admissions as to great bodily injury violent felonies he was subject to Penal Code Sec. 2933.1(a)'s limit on the amount of worktime credits th…
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THE PEOPLE v. CURRY Part I
Feb 25, 2008
Trial court did not err in finding defendants guilty of aggravated kidnapping since there was enough circumstantial evidence that jury could infer defendants knew of money to rob before kidnapping commenced, and jury instructions gave enough information regarding intent. Error in…
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THE PEOPLE v. CURRY Part II
Feb 25, 2008
Trial court did not err in finding defendants guilty of aggravated kidnapping since there was enough circumstantial evidence that jury could infer defendants knew of money to rob before kidnapping commenced, and jury instructions gave enough information regarding intent. Error in…
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THE PEOPLE v. CURRY Part III
Feb 25, 2008
Trial court did not err in finding defendants guilty of aggravated kidnapping since there was enough circumstantial evidence that jury could infer defendants knew of money to rob before kidnapping commenced, and jury instructions gave enough information regarding intent. Error in…