California Supreme Court and Court of Appeal published (citable) opinions.
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GILLAN v.CITY OF SAN MARINO Part II
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…
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TARA v. CITY OF WEST HOLLYWOOD Part I
Mar 19, 2007
City failed to comply with statutory requirement that it prepare an EIR for any project that it "proposes to carry out or approve that may have a significant effect on the environment" where it obtained federal financing for project but deferred environmental review until…
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TARA v.CITY OF WEST HOLLYWOOD Part II
Mar 19, 2007
City failed to comply with statutory requirement that it prepare an EIR for any project that it "proposes to carry out or approve that may have a significant effect on the environment" where it obtained federal financing for project but deferred environmental review until…
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STARDUST MOBILE ESTATES v. CITY OF SANBUENAVENTURA
Mar 19, 2007
Rent control guidelines, under which it was presumed that "net operating income "gross income minus operating expenses--in base year provided landlord with a just and reasonable return above the required minimum absent clear and convincing evidence to the contrary, but la…
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PEOPLE v. LEXINGTON NATIONAL INSURANCE COMPANY
Mar 19, 2007
Where defendant, who had been previously released on bond, appeared for arraignment, then left the courtroom despite being ordered not to do so after prosecution announced intent to seek remand, defendant was not "in custody" so trial court properly ordered bail forfeitur…
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PEOPLE v. HUTCHINS
Mar 19, 2007
Party opposing a peremptory challenge need only prove by preponderance of the evidence that the explanation for the challenge is a pretext for discrimination. Trial court's "sincere and reasoned" evaluation of a challenge did not render erroneous application of clear …
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PEOPLE v. SANTOS
Mar 19, 2007
Following entry of jury's verdict, court's decision to allow jury to leave through a nonpublic exit pursuant to its request to leave courtroom without speaking to anyone did not violate defendant's due process right to be present at a critical stage of the proceedings…
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CALIFORNIA COMMERCE CASINO, INC. v. ARNOLD SCHWARZENEGGER
Mar 19, 2007
A modification decision.
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YOUNG v. KATHY JAYNE MC COY
Mar 19, 2007
Court lacks authority under Probate Code to direct that trust funds be applied to payment of restitution to victim of crime committed by beneficiary where trustee has made no payments to beneficiary, and trustee's declining to do so is consistent with trustor's intent.
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PEOPLE v. MERFIELD
Mar 19, 2007
Where convict waived his right to a hearing contesting Board of Prison Terms determination that he suffered from a severe mental disorder and should be committed for mental health treatment, he could not, after his initial term of commitment expired, contest board's determina…
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In re ROBERT A.,
Mar 19, 2007
Compliance with Indian Child Welfare Act notice requirements in a separate case involving half sibling of child who was subject of dependency proceedings did not render failure to comply harmless.
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SAN DIEGO GAS & ELECTRIC COMPANY v. SUPERIOR COURT OF SAN DIEGO COUNTY
Mar 19, 2007
A modification decision.
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LANDWATCH MONTEREY COUNTY v. COUNTY OF MONTEREY Part I
Mar 19, 2007
Approval of development project with mitigated negative declaration did not violate CEQA where evidence suggesting proposed project might contribute to a severe groundwater overdraft consisted largely of opinions of persons with little technical expertise and failed to discredit …
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LANDWATCH MONTEREY COUNTY v. COUNTY OF MONTEREY Part II
Mar 19, 2007
Approval of development project with mitigated negative declaration did not violate CEQA where evidence suggesting proposed project might contribute to a severe groundwater overdraft consisted largely of opinions of persons with little technical expertise and failed to discredit …
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MT. SAN JACINTO COMMU. COLLE. DISTRICT v. SUP. COURT OF RIVERSIDE COUN Part I
Mar 19, 2007
Under state eminent domain law, a statutory property valuation date that occurs at the time the condemner deposits the probable compensation in court, when litigation in the eminent domain action is not expected to end until several years after the deposit is made, does not deny …
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MT. SAN JACINTO COMMU. COLLE. DISTRICT v. SUP. COURT OF RIVERSIDE COU Part II
Mar 19, 2007
Under state eminent domain law, a statutory property valuation date that occurs at the time the condemner deposits the probable compensation in court, when litigation in the eminent domain action is not expected to end until several years after the deposit is made, does not deny …
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MUNOZ v.CITY OF UNIONCITY
Mar 18, 2007
Where jury in wrongful death action found defendants, a city and its police officer, liable for negligence and battery, apportioning the negligence 45 percent to the city, 50 percent to the officer, and 5 percent to decedent; and where court of appeal upheld the finding of liabil…
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California Family Bioethics Council v. Cali. Inst. for Regenerative Med Part I
Mar 18, 2007
Initiative that established, and provided for the funding of, public entity to conduct stem cell research did not violate constitutional requirement that initiative deal with a single subject, since provisions permitting funding of "vital research opportunities" beyond th…
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California Family Bioethics Council v. Cali. Inst. for Regen. Med Part I I
Mar 18, 2007
Initiative that established, and provided for the funding of, public entity to conduct stem cell research did not violate constitutional requirement that initiative deal with a single subject, since provisions permitting funding of "vital research opportunities" beyond th…
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California Family Bioethics Council v. Cali. Inst. for Regen. Med Part III
Mar 18, 2007
Initiative that established, and provided for the funding of, public entity to conduct stem cell research did not violate constitutional requirement that initiative deal with a single subject, since provisions permitting funding of "vital research opportunities" beyond th…