California Supreme Court and Court of Appeal published (citable) opinions.
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BENACH v. COUNTY OF LOS ANGELES Part II
Jun 7, 2007
Undisputed evidence that peace officer was transferred from one bureau to another at the same rank and rate of pay for the purpose of improving harmony and cooperation among employees who had complained about transferred officer's personality established as a matter of law th…
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ON-LINE POWER, INC. v. MAZUR
Jun 7, 2007
Labor Code provisions ensuring an employee's right to payment of wages apply to salaried corporate executives.
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PEOPLE v. SMITH
Jun 7, 2007
Trial court properly imposed a deadly weapon use enhancement under Penal Code Sec. 12022(b)(1) where defendant used a knife to kill a dog and was convicted of animal cruelty. Statute does not limit enhancement's application to attacks on human beings, and use of a knife or ot…
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L&B REAL ESTATE v.HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES
Jun 7, 2007
Tax deed was void where records showing property to have been owned by a private individual were erroneous, and property was in fact owned by a public entity exempt from taxation. Failure to comply with statutory requirement that notice of acquisition of property by a tax exempt …
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ROSSCO HOLDINGS INC. v. BANK OF AMERICA
Jun 7, 2007
Where it was discovered after arbitration that the judge who granted order compelling arbitration had, prior to granting such order, engaged in discussions concerning possible employment as a dispute resolution neutral, it was proper to disqualify judge who granted the order comp…
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PEOPLE v. CHAVEZ
Jun 7, 2007
Defendant convicted of cocaine possession is subject to mandatory financial penalties, including criminal laboratory analysis fee in the amount of $50, a drug laboratory fine under Penal Code Sec. 1464(a) in the sum of $50, a $35 assessment under Government Code Sec. 76000(a), a …
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GIULIANO III v. INLAND EMPIRE PERSONNEL, INC,
Jun 7, 2007
Federal Arbitration Act Sec. 2, which mandates the enforcement of arbitration clauses in contracts involving interstate commerce, preempts Labor Code Sec. 229 to extent that section guarantees workers a judicial forum for unpaid wage claims. Section 2 indisputably applied where e…
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ANDERSEN v. WORKERS' COMPENSATION APPEALS BOARD, CITY OF SANTA BARBARA
Jun 7, 2007
City may not force worker to use vacation time rather than sick leave to obtain medical care for industrial injuries if it permits employees to use sick leave to obtain treatment for nonindustrial injuries; such discrimination violates Labor Code Sec. 132a, which takes precedence…
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MORROW v. LOS ANGELES UNIFIED SCHOOL DISTRICT Part I
Jun 7, 2007
In granting school superintendent's anti - SLAPP motion against high school principal's invasion of privacy and defamation claims, trial court properly held that superintendent's statements concerning principal's handling of student violence on his school's ca…
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MORROW v. LOS ANGELES UNIFIED SCHOOL DISTRICT Part II
Jun 7, 2007
In granting school superintendent's anti - SLAPP motion against high school principal's invasion of privacy and defamation claims, trial court properly held that superintendent's statements concerning principal's handling of student violence on his school's ca…
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INDYWAY INVESTMENT v. DENNIS COOPER
Jun 7, 2007
Nonattorney trustee may not represent trust in trial or appellate court but may sign notice of appeal on trust's behalf. Improper filing of notice of appeal by person not authorized to represent appellant does not render notice void; defect may be cured by having an attorney …
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KNIGHT v. FERGUSON
Jun 7, 2007
Where attorney had advised business owner concerning commercial lease and partnership arrangement with a potential investor whom owner ultimately replaced with new joint venture partners, attorney could not later represent new joint venture partners in dispute involving same busi…
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In re CHARLISSE C., Part II
Jun 7, 2007
Disqualification of publicly funded, nonprofit law office from representing child in dependency court on ground that it had previously represented her mother in a separate proceeding was error where child's attorney was not personally and directly involved in representing mot…
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In re CHARLISSE C., Part III
Jun 7, 2007
Disqualification of publicly funded, nonprofit law office from representing child in dependency court on ground that it had previously represented her mother in a separate proceeding was error where child's attorney was not personally and directly involved in representing mot…
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In re CHARLISSE C., Part IV
Jun 7, 2007
Disqualification of publicly funded, nonprofit law office from representing child in dependency court on ground that it had previously represented her mother in a separate proceeding was error where child's attorney was not personally and directly involved in representing mot…
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BRAVO v. THE SUPERIORCOURTOFLOS ANGELESCOUNTY
Jun 7, 2007
Petitioner challenges the trial courts striking of his peremptory challenge under Code of Civil Procedure section 170.6 on the grounds his complaint was related to a prior action before the same trial judge and therefore the challenge was untimely. We find the second action was n…
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MENDOZA v. LOS ANGELES PARENTS UNION Part I
Jun 7, 2007
Romero Act, which provides for the transfer of substantial power from the Los Angeles Unified School District Board of Education to the LAUSD superintendent, grants mayor authority to ratify appointment of superintendent, and provides for the transfer of complete control of three…
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MENDOZA v. LOS ANGELES PARENTS UNION Part III
Jun 7, 2007
Romero Act, which provides for the transfer of substantial power from the Los Angeles Unified School District Board of Education to the LAUSD superintendent, grants mayor authority to ratify appointment of superintendent, and provides for the transfer of complete control of three…
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MENDOZA v. LOS ANGELES PARENTS UNION Part II
Jun 7, 2007
Romero Act, which provides for the transfer of substantial power from the Los Angeles Unified School District Board of Education to the LAUSD superintendent, grants mayor authority to ratify appointment of superintendent, and provides for the transfer of complete control of three…
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PEOPLE v. ANDERSON
Jun 7, 2007
A modification decision.