California Supreme Court and Court of Appeal published (citable) opinions.
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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…
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THE PEOPLE v. CURRY
Feb 25, 2008
A modification decision.
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COMPANY v. KAWAMURA PART I
Feb 25, 2008
In determining whether statutory assessment upon commodities producer for the purpose of stimulating sales of product through generic advertising violates state constitution's guarantee of free speech, court employs same analysis employed by U.S. Supreme Court under First Ame…
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COMPANY v. KAWAMURA PART II
Feb 25, 2008
In determining whether statutory assessment upon commodities producer for the purpose of stimulating sales of product through generic advertising violates state constitution's guarantee of free speech, court employs same analysis employed by U.S. Supreme Court under First Ame…
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MARANATHA CORRECTIONS v. DEPARTMENT OF CORRECTIONS PART I
Feb 25, 2008
Trial court did not err in granting anti SLAPP motion by Department of Corrections and Rehabilitation in suit by private prison contractor alleging defamation by department's director who published a letter to contractor terminating contract on grounds that it had misappropri…
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MARANATHA CORRECTIONS v. DEPARTMENT OF CORRECTIONS
Feb 25, 2008
Trial court did not err in granting anti SLAPP motion by Department of Corrections and Rehabilitation in suit by private prison contractor alleging defamation by department's director who published a letter to contractor terminating contract on grounds that it had misappropri…
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THE PEOPLE v. BATMAN
Feb 25, 2008
Trial court's imposition of DNA penalty assessment under Government Code Sec. 76104.6 against defendant violated constitutional prohibition on ex post facto laws because defendant's criminal act preceded section's enactment and assessment was a penalty where it was ex…
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NOBLE v. DRAPER PART I
Feb 25, 2008
Former employees' causes of action for fraud, negligent misrepresentation, false advertising, and unfair business practices arising from defendants allegedly inducing plaintiffs to enter into an employment contract were not barred by adverse ruling in administrative proceedin…