California Supreme Court and Court of Appeal published (citable) opinions.
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NOBLE v. DRAPER PART II
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…
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THE PEOPLE v. STUART
Feb 25, 2008
Trial court's imposition of upper term sentence for rape based on finding of aggravated factors did not violate defendant's constitutional right to have factors determined by a jury beyond a reasonable doubt where one legally sufficient aggravating circumstance was based …
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THE PEOPLE v. NICHOLLS
Feb 25, 2008
Magistrate's finding of sufficient probable cause for issuance of search warrant and subsequent search of defendant's mother's garage that uncovered computer upon which child pornography was found were reasonable under Fourth Amendment where warrant application was su…
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THE PEOPLE v. NICHOLLS PART I
Feb 25, 2008
Magistrate's finding of sufficient probable cause for issuance of search warrant and subsequent search of defendant's mother's garage that uncovered computer upon which child pornography was found were reasonable under Fourth Amendment where warrant application was su…
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THE PEOPLE v. NICHOLLS PART II
Feb 25, 2008
Magistrate's finding of sufficient probable cause for issuance of search warrant and subsequent search of defendant's mother's garage that uncovered computer upon which child pornography was found were reasonable under Fourth Amendment where warrant application was su…
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OVANDO v. COUNTY OF LOS ANGELES PART I
Feb 17, 2008
Trial court did not err in ordering new trial on ground of juror misconduct in suit by man, convicted of trumped up charges in police department scandal, against his attorney and public defender's office for legal malpractice where juror denied familiarity with scandal during…
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OVANDO v. COUNTY OF LOS ANGELES PART II
Feb 17, 2008
Trial court did not err in ordering new trial on ground of juror misconduct in suit by man, convicted of trumped up charges in police department scandal, against his attorney and public defender's office for legal malpractice where juror denied familiarity with scandal during…
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OVANDO v. COUNTY OF LOS ANGELES PART III
Feb 17, 2008
Trial court did not err in ordering new trial on ground of juror misconduct in suit by man, convicted of trumped up charges in police department scandal, against his attorney and public defender's office for legal malpractice where juror denied familiarity with scandal during…
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In re IMRAN Q.
Feb 17, 2008
Where hit and run victim sued juvenile offender and recovered damages, out of which victim paid legal fees and costs, victim was entitled to recover as restitution in juvenile court proceedings at least that portion of the legal fees and costs allocated to recovery of economic da…
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VILLAGE NORTHRIDGE v. STATE FARM FIRE AND CASUALTY COMPANY PART I
Feb 17, 2008
A modification decision.
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HAMMOND v. COUNTY OF LOS ANGELES
Feb 17, 2008
Plaintiff raised triable issues as to timeliness of her claims of age and race discrimination in violation of FEHA by presenting evidence supporting a reasonable inference that defendant engaged in acts some within the one year limitations period each of which was intentionally d…
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HAMMOND v. COUNTY OF LOS ANGELES PART II
Feb 17, 2008
Plaintiff raised triable issues as to timeliness of her claims of age and race discrimination in violation of FEHA by presenting evidence supporting a reasonable inference that defendant engaged in acts some within the one year limitations period each of which was intentionally d…
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HAMMOND v. COUNTY OF LOS ANGELES PART III
Feb 17, 2008
Plaintiff raised triable issues as to timeliness of her claims of age and race discrimination in violation of FEHA by presenting evidence supporting a reasonable inference that defendant engaged in acts some within the one year limitations period each of which was intentionally d…
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HIRANO v. HIRANO
Feb 17, 2008
A modification decision.
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SHELLER v. THE SUPERIOR COURT PART I
Feb 17, 2008
Where attorney appearing pro hac vice for plaintiffs in a class action sent a communication to prospective class members that contained at least one misrepresentation, trial court lacked authority to impose sanctions that it could not impose on a California attorney, such as atto…
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SHELLER v. THE SUPERIOR COURT PART II
Feb 17, 2008
Where attorney appearing pro hac vice for plaintiffs in a class action sent a communication to prospective class members that contained at least one misrepresentation, trial court lacked authority to impose sanctions that it could not impose on a California attorney, such as atto…
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AMERICAN CASUALTY CO. OF READING v. MILLER
Feb 17, 2008
Release of methylene chloride into a public sewer was environmental pollution for purposes of pollution exclusion in comprehensive general liability policy.
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THE PEOPLE v. JEFFERSON
Feb 17, 2008
Where police bugged jail cell and placed defendants in cell together hoping they would talk, such action was not "interrogation"; trial court did not violate defendants' Fifth Amendment or Miranda rights when it admitted tape of conversation into evidence. Where defen…
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In re Marriage of JEFFREY W. and MARTHA ROTHROCK
Feb 17, 2008
Annuity purchased from undifferentiated and unallocated personal injury settlement is not income for purpose of calculating child support. Trial court did not violate wife's right to due process by considering husband's supplemental trial memorandum, which was filed late …
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THE PEOPLE v. GARCIA,
Feb 17, 2008
Trial court was not required to conduct a full evidentiary hearing on the question of defendant's competence where doubt as to competence was expressed by defense counsel whom defendant discharged in order to represent himself, but not by the judge, and there was no substanti…