California Supreme Court and Court of Appeal published (citable) opinions.
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CITY OF LOS ANGELES v. 2000 JEEP CHEROKEE
Feb 13, 2008
Vehicle Code Sec. 21, which allows a city or county to adopt an ordinance establishing a pilot program to implement procedures for declaring a motor vehicle to be a public nuisance when used in commission of certain crimes and for removing the vehicle excluding forfeiture and whi…
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In re NINA RINGGOLD
Sep 30, 2007
Order adjudging former trustee to be in direct contempt of court for failure to sign document as previously ordered by the court was invalid where it failed to mention previous order.<br />
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Adoption of HANNAH S.,
Sep 30, 2007
In assessing whether Indian child's mother had complied with requirement of Indian Child Welfare Act to show active efforts to prevent the breakup of an Indian family, court did not apply proper standard where it sought evidence beyond a reasonable doubt as opposed to clear a…
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PEOPLE v. SMITH Part II
Sep 30, 2007
Where defendant's spouse was awarded sole possession of the family home and a temporary restraining order against defendant because of his acts of violence toward her, so that even though defendant had a possessory interest in the home, he did not possess the right to enter a…
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PEOPLE v. SMITH Part I
Sep 30, 2007
Where defendant's spouse was awarded sole possession of the family home and a temporary restraining order against defendant because of his acts of violence toward her, so that even though defendant had a possessory interest in the home, he did not possess the right to enter a…
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PEOPLE v. RAVAUX
Sep 30, 2007
Trial court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea where defendant during plea hearing indicated numerous times orally and in writing that he understood the consequences of the guilty plea and the rights he was waiving; attested…
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PEOPLE v. WAGNER
Aug 26, 2007
Speedy sentencing rights provided by Penal Code Sec. 1381 and Sec. 1203.2a apply to a probation revocation proceeding where imposition of sentence was originally suspended.<br />
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PARTNERS v. MW HOUSING PARTNERS III
Aug 26, 2007
Where licensed real estate broker was qualifying officer for license of corporate lender, and broker negotiated loan between partnership that included the corporation and borrower, was partnership's primary contact with borrower, and received only incidental financial benefit…
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PEOPLE v. PuriTec
Aug 26, 2007
California statutes that prohibit seller of a water treatment device from making performance or benefit claims that device affects health or safety of drinking water, unless the device has been certified by the state Department of Health Services, do not violate the federal Const…
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THE PEOPLE v. PuriTec
Aug 26, 2007
A modification decision.
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COUNTY OF SACRAMENTO v. STATE WATER RESOURCES CONTROL BOARD
Aug 26, 2007
Water quality orders by State Water Resources Control Board and regional board, establishing limitations for coliform effluent at wastewater treatment facility, were not inconsistent with basin plan. Under state water quality law and regulations, a water quality objective stated …
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In re C.W.
Aug 26, 2007
A modification decision.
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MICHELLE RA v. THE SUPERIOR COURT
Aug 23, 2007
A bystander may not recover for negligent infliction of emotional distress when she merely believes that it is more likely than not that her husband has been injured upon hearing a loud crash.<br />
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HARRIS v. THE SUPERIOR COURT
Aug 23, 2007
In these original proceedings we hold that plaintiffs are not exempt from the overtime compensation requirements imposed by California law. Defendants are insurance companies. Plaintiffs are the companies claims adjusters, who seek damages based on overtime work for which they al…
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ROHDE v. WOLF
Aug 23, 2007
Voicemail messages were protected communications for purposes of the anti SLAPP statute where they related to litigation contemplated by both plaintiff and defendant. Since such messages were also protected by the litigation privilege, plaintiff was unlikely to prevail in litigat…
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THE PEOPLE v. POWEREX CORPORATION
Aug 23, 2007
A modification decision.
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MANI BROTHERS REAL ESTATE GROUP v. CITY OF LOS ANGELES
Aug 23, 2007
Petitioners' repeated objections to project addendum voiced at various public meetings were sufficient to satisfy CEQA exhaustion requirement where agency did not provide for a public comment period or provide the public with notice that it was preparing an addendum. City'…
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ALVARADO v. SELMACONVALESCENTHOSPITAL
Aug 22, 2007
Trial court did not abuse its discretion by abstaining from adjudicating Unfair Competition Law action seeking restitution and injunctive relief to require owners and operators of skilled nursing and intermediate care facilities to comply with certain statutory nursing hour requi…
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CATALYST STRATEGIC DESIGN v. KAISER FOUNDATION HEALTH PLAN, INC
Aug 22, 2007
Alleged faxing of unsolicited advertisement did not violate Telephone Consumer Protection Act of 1991, pursuant to the act's "established business relationship" exception, where plaintiff and defendant had done business in the past, and plaintiff, while rejecting defe…
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MARLIN v. AIMCO VENEZIA
Aug 22, 2007
Where tenants brought action seeking declaration of their rights with regard to possession of rental housing that landlord sought to remove from rental market under Ellis Act, and trial judge ordered that action be stricken under anti SLAPP statute, landlord's subsequent evic…