California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE v. THE BRODERICK BOYS Part I
Jun 7, 2007
Defendants were not required to admit gang membership in order to move to dissolve anti-gang injunction where plaintiff alleged that defendants were gang members and served them with the injunction. Injunction was void for lack of notice as to moving defendants where none of the …
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PEOPLE v. THE BRODERICK BOYS Part II
Jun 7, 2007
Defendants were not required to admit gang membership in order to move to dissolve anti-gang injunction where plaintiff alleged that defendants were gang members and served them with the injunction. Injunction was void for lack of notice as to moving defendants where none of the …
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PEOPLE v.WAYMIRE
Jun 7, 2007
In deciding to sentence defendant to upper term on methamphetamine manufacturing charge, trial court did not commit Blakely error in considering the fact that defendant's prior convictions were numerous and of increasing seriousness rather than simply the fact of a prior conv…
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McKINNON v. OTIS ELEVATOR COMPANY
Jun 7, 2007
When employer fails to adequately notify employee of its subrogation lawsuit and proposed settlement involving an alleged third party tortfeasor and fails to obtain employee's consent to settlement of that suit, and when alleged third party tortfeasor, prior to settlement, wa…
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PEOPLE v. SCHNABEL
Jun 7, 2007
In defendant's trial for child molestation, court erred neither in admitting into evidence his prior sex offenses pursuant to Evidence Code Sec. 1108, nor instructing jury on their use using CALCRIM No. 1191.
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MACHADO v. THE SUPERIORCOURTOFSAN JOAQUINCOUNTY
Jun 7, 2007
A modification decision.
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MINOR v. ESCONDIDOUNIONSCHOOL DISTRICT Part I
Jun 7, 2007
In suit by autistic children against special education teacher alleging he used abusive conduct to control them, court did not err in stating in jury instructions on battery claim that, in addition to other elements, plaintiffs must prove teacher's touching of plaintiffs was …
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MINOR v. ESCONDIDOUNIONSCHOOL DISTRICT Part II
Jun 7, 2007
In suit by autistic children against special education teacher alleging he used abusive conduct to control them, court did not err in stating in jury instructions on battery claim that, in addition to other elements, plaintiffs must prove teacher's touching of plaintiffs was …
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PEOPLE v. ROMERO
Jun 7, 2007
A modification decision.
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PEOPLE v. WEAVER Part I
Jun 7, 2007
In deciding whether to deny probation to defendant convicted under Penal Code Sec. 191.5(a) of gross vehicular manslaughter while intoxicated, court properly considered victim vulnerability where victims had been driving their car on highway in proper direction at lawful speed wi…
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PEOPLE v. WEAVER Part II
Jun 7, 2007
In deciding whether to deny probation to defendant convicted under Penal Code Sec. 191.5(a) of gross vehicular manslaughter while intoxicated, court properly considered victim vulnerability where victims had been driving their car on highway in proper direction at lawful speed wi…
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PEOPLE v. WEAVER Part III
Jun 7, 2007
In deciding whether to deny probation to defendant convicted under Penal Code Sec. 191.5(a) of gross vehicular manslaughter while intoxicated, court properly considered victim vulnerability where victims had been driving their car on highway in proper direction at lawful speed wi…
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SEASTROM v. NEWAYS, INC.,
Jun 7, 2007
Trial court did not abuse its discretion by denying class certification in unfair competition action charging defendants with unlawfully selling product that contained a prescription drug, where trial judge properly found that since plaintiffs were distributors of the product and…
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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 …