California Supreme Court and Court of Appeal published (citable) opinions.
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POWAY ROYAL MOBILEHOME OWNERS ASSOCIATION v. CITY OF POWAY Part I
Jun 7, 2007
Allegations that city breached a promise to mobilehome owners and tenants by requiring tax exempt bond financing for purchase of mobilehome park thus excluding owners' association from purchasing the park since it could not qualify and that it deprived the association of a tr…
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POWAY ROYAL MOBILEHOME OWNERS ASSOCIATION v. CITY OF POWAY Part II
Jun 7, 2007
Allegations that city breached a promise to mobilehome owners and tenants by requiring tax exempt bond financing for purchase of mobilehome park thus excluding owners' association from purchasing the park since it could not qualify and that it deprived the association of a tr…
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SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY v. TIAN L.,
Jun 7, 2007
Where objector in proceedings to reestablish conservancy had received copy of petition which included physicians' declaration stating that she suffered from schizophrenia and could not provide basic care for herself, and that imposition of disabilities was necessary because o…
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In re SABRINA H. Part I
Jun 7, 2007
Placement of dependent children in a foreign country is not precluded as a matter of law. Pending detention hearing, court was authorized under Welfare and Institutions Code Sec. 309(d)(3) to temporarily detain children with relative in Mexico before conducting formal criminal ba…
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In re SABRINA H. Part II
Jun 7, 2007
Placement of dependent children in a foreign country is not precluded as a matter of law. Pending detention hearing, court was authorized under Welfare and Institutions Code Sec. 309(d)(3) to temporarily detain children with relative in Mexico before conducting formal criminal ba…
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PEOPLE v. MONTOYA
Jun 7, 2007
Defendant in sexual abuse trial was not denied effective assistance of counsel because his attorney failed to formally investigate child victim's competency to testify by way of a pretrial "taint hearing," where victim was not very young eight at the time of the alleg…
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In re BRIAN J., Part I
Jun 7, 2007
Extended Detention Act which permits continued detention of a juvenile offender who has reached the age at which release from custody would otherwise be required but who is determined beyond a reasonable doubt to be physically dangerous to the public because of his or her mental …
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In re BRIAN J., Part II
Jun 7, 2007
Extended Detention Act which permits continued detention of a juvenile offender who has reached the age at which release from custody would otherwise be required but who is determined beyond a reasonable doubt to be physically dangerous to the public because of his or her mental …
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In re BRIAN J., Part III
Jun 7, 2007
Extended Detention Act which permits continued detention of a juvenile offender who has reached the age at which release from custody would otherwise be required but who is determined beyond a reasonable doubt to be physically dangerous to the public because of his or her mental …
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PEOPLE v. RONALD ENRIQUE YBARRA Part I
Jun 7, 2007
Gang warfare shootings in Fresno one night led to verdicts finding two members of the Floradora Street Bulldogs criminal street gang Hugo Cernas and Ronald Enrique Ybarra guilty, inter alia, of the first degree special circumstances murder of a man who was not a gang member and t…
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PEOPLE v. RONALD ENRIQUE YBARRA Part II
Jun 7, 2007
Gang warfare shootings in Fresno one night led to verdicts finding two members of the Floradora Street Bulldogs criminal street gang Hugo Cernas and Ronald Enrique Ybarra guilty, inter alia, of the first degree special circumstances murder of a man who was not a gang member and t…
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PEOPLE v. SHADDEN Part I
Jun 7, 2007
Owner consent defense to a charge of firing at an unoccupied vehicle requires the consent of all owners, so it was not error to convict defendant of firing at a vehicle co owned by himself and his wife where the wife did not consent. Imposition of upper term based on facts found …
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PEOPLE v. SHADDEN Part II
Jun 7, 2007
Owner consent defense to a charge of firing at an unoccupied vehicle requires the consent of all owners, so it was not error to convict defendant of firing at a vehicle co owned by himself and his wife where the wife did not consent. Imposition of upper term based on facts found …
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WOODWARD PARK HOMEOWNERS ASSOCIATION, INC., v. CITY OF FRESNO Part I
Jun 7, 2007
City violated California Environmental Quality Act in approving a new commercial development on vacant land where it failed to demand any measures to ease project's impact on an already congested nearby freeway interchange; issued environmental impact report that measured pro…
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WOODWARD PARK HOMEOWNERS ASSOCIATION, INC., v. CITY OF FRESNO Part II
Jun 7, 2007
City violated California Environmental Quality Act in approving a new commercial development on vacant land where it failed to demand any measures to ease project's impact on an already congested nearby freeway interchange; issued environmental impact report that measured pro…
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WOODWARD PARK HOMEOWNERS ASSOCIATION, INC., v. CITY OF FRESNO Part III
Jun 7, 2007
City violated California Environmental Quality Act in approving a new commercial development on vacant land where it failed to demand any measures to ease project's impact on an already congested nearby freeway interchange; issued environmental impact report that measured pro…
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PEOPLE v. GASTELLO
Jun 7, 2007
Accused is not guilty of bringing drugs into jail if he or she entered the jail only due to being arrested and brought there in custody.
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PEOPLE v. SAFETY NATIONAL CASUALTY CORPORATION
Jun 7, 2007
Trial court lost jurisdiction to declare bail bond forfeited where the bond was exonerated by operation of law upon defendant's reinstatement to probation.0
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In re S. W.
Jun 7, 2007
A modification decision.
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PEOPLE v. KAPLAN
Jun 7, 2007
A modification decision.