California Supreme Court and Court of Appeal published (citable) opinions.
-
IN RE NEEDLES CASES
Apr 1, 2007
Code of Civil Procedure Sec. 170.6(a)(2), which permits a peremptory challenge to a judge to be exercised within 60 days of that judge being reassigned to a case after being reversed on appeal, applies to coordination proceedings, taking precedence over a rule of court that other…
-
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT v.ALL PERSONS INTERESTED Part I
Apr 1, 2007
To determine that bond funding arrangement between public entity and religiously affiliated schools is valid under state constitution's bar on government support of "sectarian" purposes or institutions, court must find that recipient school offers a broad curriculum i…
-
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT v.ALL PERSONS INTERESTED Part II
Apr 1, 2007
To determine that bond funding arrangement between public entity and religiously affiliated schools is valid under state constitution's bar on government support of "sectarian" purposes or institutions, court must find that recipient school offers a broad curriculum i…
-
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT v.ALL PERSONS INTERESTED Part II
Apr 1, 2007
To determine that bond funding arrangement between public entity and religiously affiliated schools is valid under state constitution's bar on government support of "sectarian" purposes or institutions, court must find that recipient school offers a broad curriculum i…
-
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT v.ALL PERSONS INTERESTED Part III
Apr 1, 2007
To determine that bond funding arrangement between public entity and religiously affiliated schools is valid under state constitution's bar on government support of "sectarian" purposes or institutions, court must find that recipient school offers a broad curriculum i…
-
PEOPLE v. GILES
Apr 1, 2007
Where murder defendant admitted killing victim, he forfeited his right to object on Confrontation Clause grounds to the admission of prior hearsay statements victim made several weeks before the killing in which she had told police investigating a report of domestic violence that…
-
PEOPLE v. GILES Part I
Apr 1, 2007
Where murder defendant admitted killing victim, he forfeited his right to object on Confrontation Clause grounds to the admission of prior hearsay statements victim made several weeks before the killing in which she had told police investigating a report of domestic violence that…
-
PEOPLE v. GILES Part II
Apr 1, 2007
Where murder defendant admitted killing victim, he forfeited his right to object on Confrontation Clause grounds to the admission of prior hearsay statements victim made several weeks before the killing in which she had told police investigating a report of domestic violence that…
-
MORAN v. MURTAUGH MILLER MEYER
Apr 1, 2007
In assessing whether a vexatious litigant has a reasonable probability of success on his claim for the purpose of determining whether he must post security, trial court may weigh the evidence presented on the security motion and is not required to assume the truth of plaintiff…
-
IN RE JESUS O.
Apr 1, 2007
When someone, intending to steal from a victim, causes property to become separated from victim's person by provoking victim to flee resulting in victim dropping property while running away and then gains possession of the property, the theft is "from the person of anothe…
-
P. v. Munoz
Mar 27, 2007
Isidro Delarosa Munoz was convicted of eight sex crimes committed during attacks on three victims on three different days. (Pen. Code, 209, subd. (b)(1), 261, subd. (a)(2), 288a, subd. (c)(2), 286, subd. (c)(2).)[1] He was sentenced to state prison for a term of 133 years to life…
-
ROSS v. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Mar 19, 2007
A modification decision.
-
PEOPLE v. ANTHONY PRICE
Mar 19, 2007
Violations of statutory requirements that petition for extension of commitment of sexually violent predator be filed at least 90 days and that trial commence at least 30 days prior to expiration of previous commitment were prejudicial where defense counsel could not have properly…
-
PEOPLE v. BROWN
Mar 19, 2007
Defendant is not entitled to specific performance of a plea agreement limiting the amount of victim restitution to victim s out of pocket expenses of $280. Where court ordered defendant to pay over $34,000 in victim restitution for amounts paid by the state to the hospital that t…
-
BONO v. DAVID
Mar 19, 2007
Where one party to a memorandum of understanding brought a motion to compel mediation and arbitration of the other party's defamation action pursuant to an arbitration provision in the agreement that required mediation and arbitration of "[a]ny controversy among the parti…
-
BONANDER v. TOWN OF TIBURON Part I
Mar 19, 2007
Lawsuit challenging a special assessment levied under the Municipal Improvement Act of 1913 for failure to comply with Proposition 218 which requires that certain types of assessments be treated as taxes subject to a public vote is subject to special procedural rules applicable t…
-
BONANDER v. TOWN OF TIBURON Part II
Mar 19, 2007
Lawsuit challenging a special assessment levied under the Municipal Improvement Act of 1913 for failure to comply with Proposition 218 which requires that certain types of assessments be treated as taxes subject to a public vote is subject to special procedural rules applicable t…
-
CIRCLE STAR CENTER ASSOCIATES v. LIBERATE TECHNOLOGIES
Mar 19, 2007
Where lease allowed prevailing party to recover attorney fees in any dispute between the parties, landlord prevailed before bankruptcy judge on motion to dismiss tenant's Chapter 11 petition on ground that it was filed in a bad faith effort to avoid paying rent despite tenant…
-
PEOPLE v. ZAPISEK
Mar 19, 2007
To extend commitment of defendant found not guilty by reason of insanity beyond maximum prison confinement time, trial court was required to find that defendant had a serious difficulty controlling his potentially dangerous behavior. Trial court finding that defendant had a serio…
-
GILLAN v.CITY OF SAN MARINO Part I
Mar 19, 2007
Accusations of sexual molestation by former high school athlete against coach did not establish probable cause for arrest where some of accuser's statements were generalized and not specific as to time, date, or other details; other accusations concerning more specific events…