California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE v. EARLE PART IV
Apr 3, 2009
Trial court abused its discretion by denying defendant's motion to sever trial on charges of misdemeanor indecent exposure and felony sexual assault where charges arose from entirely distinct and dissimilar incidents with no historical connection to each other and no overlap …
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PEOPLE v. EARLE PART V
Apr 3, 2009
Trial court abused its discretion by denying defendant's motion to sever trial on charges of misdemeanor indecent exposure and felony sexual assault where charges arose from entirely distinct and dissimilar incidents with no historical connection to each other and no overlap …
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A.B v. A.C PART I
Apr 3, 2009
Probate Code Sec. 1516.5 which authorizes termination of parental rights when a probate guardianship has continued for at least two years, and trial court finds that adoption by guardian would be in child's best interest is not facially unconstitutional because a showing of c…
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A.B v. A.C PART II
Apr 3, 2009
Probate Code Sec. 1516.5 which authorizes termination of parental rights when a probate guardianship has continued for at least two years, and trial court finds that adoption by guardian would be in child's best interest is not facially unconstitutional because a showing of c…
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Prince v. Pacific Gas & Electric Company PART I
Apr 3, 2009
Utility's immunity from liability to plaintiff injured by contact with power line for which utility had an easement, pursuant to Civil Code Sec. 846 which provides with certain exceptions that a property owner "owes no duty of care to keep the premises safe for entry or u…
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Prince v. Pacific Gas & Electric Company PART II
Apr 3, 2009
Utility's immunity from liability to plaintiff injured by contact with power line for which utility had an easement, pursuant to Civil Code Sec. 846 which provides with certain exceptions that a property owner "owes no duty of care to keep the premises safe for entry or u…
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CROSBY v. SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
Apr 3, 2009
Administrators at Saddleback College placed a temporary hold on plaintiff Patrick Crosbys student records pending an interview with an administration official regarding two incidents that occurred in Saddleback Colleges library. In the first incident, campus police detained plain…
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Pfahler v. Wallace
Mar 6, 2009
Coldwell Banker Residential Brokerage Company (Coldwell Banker) and Mickey Nathans (sometimes collectively appellants) appeal an order of the trial court denying their motions to compel arbitration of this action and for a stay of proceedings. The trial court found appellants wai…
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P. v. Hudson
Jan 31, 2009
After his probation was revoked in a contested hearing, the court revoked the suspension of a previously imposed sentence, sending defendant Dennis Henry Hudson to state prison for five years. Defendant contends (1) the admission into evidence of a Salvation Army letter at the pr…
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P. v. Qazza
Jan 31, 2009
Suleiman Abd Qazza (appellant) appeals from the denial of his motion to vacate a 1994 no contest plea. We appointed counsel to represent him on appeal. Counsel filed a brief that set forth the facts and procedural history of the case. Counsel presented no argument for reversal bu…
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NADAF-RAHROV v. NEIMAN MARCUS GROUP, INC
Oct 10, 2008
Trial court erred in granting summary judgment for department store chain on former employee's claim under federal Fair Employment and Housing Act Sec. 12940(a) for disability discrimination because a triable issue of fact existed as to plaintiff's ability to work with ac…
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CENTER FOR BIOLOGICAL DIVERSITY, INC v. FPL GROUP, INC
Oct 10, 2008
While private parties may, under appropriate circumstances, bring an action for the violation of the public trust doctrine arising from the destruction of wildlife, such an action will not lie where the alleged violation consists of the operation of wind turbines in a manner perm…
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COUNTY OF HUMBOLDT v. McKEE
Oct 10, 2008
A modification decision.
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CLARK v. OPTICAL COATING LABORATORY, INC., PART I
Jul 29, 2008
Award of attorney's fees as sanctions for violation of in limine order was neither within the court's inherent powers nor authorized by statute. Mutual agreement by parties to an in limine order will not authorize imposition of monetary sanctions as a remedy unless the ag…
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PEOPLE v. WILEN PART I
Jul 29, 2008
Defendant who has pleaded guilty to controlled substance crimes and who is subject of a petition for recovery of hazardous clean-up expenses has a right under Health and Safety Code Sec. 11470.2 to have liability for those expenses decided by a jury, and defendant has a right to …
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PEOPLE v. WILEN PART II
Jul 29, 2008
Defendant who has pleaded guilty to controlled substance crimes and who is subject of a petition for recovery of hazardous clean up expenses has a right under Health and Safety Code Sec. 11470.2 to have liability for those expenses decided by a jury, and defendant has a right to …
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GOLDEN GATE WATER SKI CLUB v. COUNTY OF CONTRA COSTA PART I
Jul 29, 2008
Where members of a private nonprofit organization dedicated to water skiing constructed various structures in an area designated "open space" in county plan, such development violated county's land use and related ordinances and constituted a public nuisance. Organiza…
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GOLDEN GATE WATER SKI CLUB v. COUNTY OF CONTRA COSTA PART II
Jul 29, 2008
Where members of a private nonprofit organization dedicated to water skiing constructed various structures in an area designated "open space" in county plan, such development violated county's land use and related ordinances and constituted a public nuisance. Organiza…
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JAMES CLAYWORTH v. PFIZER, INC PART I
Jul 29, 2008
Where various retail pharmacies filed suit against drug company for alleged price-fixing and defendant contended plaintiffs suffered no loss because plaintiffs "passed on" claimed overcharges to customer, plaintiffs suffered no loss under the Cartwright Act because the ac…
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JAMES CLAYWORTH v. PFIZER, INC PART II
Jul 29, 2008
Where various retail pharmacies filed suit against drug company for alleged price-fixing and defendant contended plaintiffs suffered no loss because plaintiffs "passed-on" claimed overcharges to customer, plaintiffs suffered no loss under the Cartwright Act because the ac…