California Supreme Court and Court of Appeal published (citable) opinions.
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STATE BOARD OF CHIROPRACTIC EXAMINERS v. SUPERIORCOURTOFSACRAMENTOCOUNTY PART II
Mar 18, 2007
Prosecution under Penal Code Sec. 186.10(a) for money laundering based on conducting a transaction within a seven day period "involving a monetary instrument or instruments of a total value exceeding five thousand dollars ($5,000)" with either the specific intent to promo…
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COUNTY OF SAN JOAQUIN v. WORKERS COMPENSATION APPEALS BOARD and JAMES DAVIS,
Mar 18, 2007
Where claimant suffered industrial injury on first and only day of jury duty, WCAB correctly based disability benefits award against county on his usual pay, rather than his jury pay.
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PEOPLE v. HERNANDEZ
Mar 18, 2007
Under Apprendi v. New Jersey (2000) 530 U.S. 466, Blakely v. Washington (2004) 542 U.S. 296, and Cunningham v. California (2007) 127 S.Ct. 856, a defendant is not entitled to have a jury determine the facts upon which the trial court relies to impose consecutive as opposed to con…
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JET SOURCE CHARTER, INC.,v. DOHERTY Part I
Mar 18, 2007
Punitive damage award of $26 million was excessive where compensatory damages totaled $6.5 million, damages were largely in the way of restitution to single plaintiff for funds defendants improperly took from it, and harm defendants caused was solely economic and did not involve …
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JET SOURCE CHARTER, INC.,v. DOHERTY Part II
Mar 18, 2007
Punitive damage award of $26 million was excessive where compensatory damages totaled $6.5 million, damages were largely in the way of restitution to single plaintiff for funds defendants improperly took from it, and harm defendants caused was solely economic and did not involve …
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JET SOURCE CHARTER, INC.,v. DOHERTY Part II
Mar 18, 2007
Punitive damage award of $26 million was excessive where compensatory damages totaled $6.5 million, damages were largely in the way of restitution to single plaintiff for funds defendants improperly took from it, and harm defendants caused was solely economic and did not involve …
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WHOLESALE ELECTRICITY ANTI-TRUST CASES I & II ...Part I
Mar 18, 2007
Trial court correctly sustained without leave to amend a demurrer brought by wholesale generators, sellers, and traders of electricity to antitrust and unfair competition complaint filed by public entities and retail purchasers of electricity, whose action would have required sup…
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WHOLESALE ELECTRICITY ANTI-TRUST CASES I & II ...Part II
Mar 18, 2007
Trial court correctly sustained without leave to amend a demurrer brought by wholesale generators, sellers, and traders of electricity to antitrust and unfair competition complaint filed by public entities and retail purchasers of electricity, whose action would have required sup…
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The Deadly Myth about Search Engine Optimization and Google.
Mar 18, 2007
<br /> In the present time, we are so obsessed with Search Engine Optimization and Google Page Rank that many of the webmasters tend to think that SEO.<br />
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FRANKLIN CAPITAL CORPORATION v. WILSON PART I
Mar 18, 2007
Where attorney for plaintiff failed to appear for mandatory settlement conference, then plaintiff voluntarily dismissed action without prejudice prior to scheduled hearing on order to show cause re "Dismissal and/or sanctions," order vacating the voluntary dismissal and d…
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FRANKLIN CAPITAL CORPORATION v. WILSON PART II
Mar 18, 2007
Where attorney for plaintiff failed to appear for mandatory settlement conference, then plaintiff voluntarily dismissed action without prejudice prior to scheduled hearing on order to show cause re "Dismissal and/or sanctions," order vacating the voluntary dismissal and d…
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In re MICHAEL S.,
Mar 18, 2007
Parent assessed liability pursuant to Welfare and Institutions Code Sec. 730.7 which permits a parent or guardian to be held jointly and severally liable, within certain limits, for restitution that minor is ordered by juvenile court to pay has a right of appeal. Acceptance by vi…
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CHRISTIAN RESEARCH INSTITUTE v. ALNOR Part I
Mar 18, 2007
In opposing an anti SLAPP motion against its defamation claim, organization failed to demonstrate a probability of showing by clear and convincing evidence that challenged statement, while false, was made with "actual malice" with the knowledge that it was false or with s…
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CHRISTIAN RESEARCH INSTITUTE v. ALNOR Part II
Mar 18, 2007
In opposing an anti-SLAPP motion against its defamation claim, organization failed to demonstrate a probability of showing by clear and convincing evidence that challenged statement, while false, was made with "actual malice" with the knowledge that it was false or with s…
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ALCALA v. SUPERIORCOURTOFORANGECOUNTY Part I
Mar 18, 2007
Joinder of charges under Penal Code Sec. 790.1, which provides that special circumstances murder charges arising in different counties may be tried together in any of those counties if the crimes were "connected together in their commission," is procedural and may be orde…
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ALCALA v. SUPERIORCOURTOFORANGECOUNTY Part II
Mar 18, 2007
Joinder of charges under Penal Code Sec. 790.1, which provides that special circumstances murder charges arising in different counties may be tried together in any of those counties if the crimes were "connected together in their commission," is procedural and may be orde…
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MADRIGAL v. CITY OF HUNTINGTON BEACH
Mar 18, 2007
City did not abuse its discretion in issuing a grading permit without conducting an environmental review of the permit's impact pursuant to the California Environmental Quality Act where city concluded project was exempt from compliance with CEQA because it involved grading o…
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SMALL v. SUPERIORCOURTOFORANGECOUNTY
Mar 18, 2007
Industrial Welfare Commission Wage Order No. 16 2001, which sets forth wages, hours and working conditions for employees in the on site construction industry and other occupations consistent with the terms of the Eight Hour Day Restoration and Workplace Flexibility Act of 1999, i…
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PEOPLE v. DULAN
Mar 18, 2007
Penal Code Sec. 290's requirement that adult convicted of oral copulation with a person under 16 register as a sex offender violates equal protection where such a requirement is not imposed on those who commit unlawful sexual intercourse with minors in otherwise identical cir…
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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO v. PROGRESSIVE MARATHON INSURANCE CO.,
Mar 18, 2007
State Farm Mutual Automobile Insurance Company, appellant, and Progressive Marathon Insurance Company, respondent, filed cross summary judgment motions on stipulated facts concerning the parties respective obligations under automobile liability insurance policies. The trial court…