California Supreme Court and Court of Appeal published (citable) opinions.
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P. v. Beltran
Feb 11, 2015
Defendant Danny Beltran appeals from the judgment after a jury convicted him of two counts of willful infliction of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)), assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), and assault by means likely to produ…
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P. v. Medina
Feb 11, 2015
Appellants Enrique Medina, Michael Barrios, and Thomas Arellanes were convicted, following a jury trial, of one count of first degree murder in violation of Penal Code[1] section 187, subdivision (a), and one count of attempted willful, deliberate and premeditated murder in viola…
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P. v. Davis
Feb 11, 2015
Defendant and appellant, Fred Lee Davis, appeals his conviction for attempted voluntary manslaughter, with great bodily injury, dangerous weapon use, and a prior serious felony conviction finding (Pen. Code, §§ 664, 192, subd. (a), 12022.7, 12022, subd. (b)(1), 667, subds. (a)-(i…
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P. v. Duarte
Feb 11, 2015
Defendant and appellant, Jose Duarte, appeals his conviction for lewd and lascivious acts on a child under 14 (15 counts), lewd and lascivious acts on a child 14 or 15 (5 counts), and exposing a minor to harmful matter (5 counts), with a multiple victims enhancement (Pen. Code, §…
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Creger v. Hudson 141 HOA
Feb 11, 2015
Bradford D. Creger (plaintiff) bought a condominium that, unbeknownst to him, had construction and legal defects. When those defects came to light, plaintiff and the other condo owners in the same complex filed suit and entered into two sets of settlements. Unsatisfied with these…
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P. v. Quezada
Feb 11, 2015
A modification decision.
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In re A.G.
Feb 11, 2015
A.S. (Father) has attempted to appeal from jurisdiction and disposition findings made in conjunction with an order setting a Welfare and Institutions Code section 366.26 hearing to select a permanent plan for his 12-year-old daughter A. S.-G. (A.)[1] Father contends there is insu…
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In re G.M.
Feb 11, 2015
Presumed father Archie M. (father) appeals from the juvenile court’s termination of his parental rights as to his daughters following a Welfare and Institutions Code section 366.26 hearing (.26 hearing).[1] He contends the termination order must be reversed because “he was denied…
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In re H.M.
Feb 11, 2015
H.M. has appealed a post-dispositional order denying his motion for factual findings necessary for him to qualify for special immigrant (SIJ) status under federal law (hereafter the SIJ motion). (8 U.S.C. § 1101(a)(27)(J) [hereafter the SIJ statute].) In their respondent’s brief,…
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In re J.B.
Mar 17, 2013
J.M., the minor, was born to 15-year-old parents, who had themselves been dependents of the juvenile court. The minor was detained because mother would not feed or attend to the infant in the hospital after giving birth, and both parents’ families had lengthy histories with the…
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P. v. Warth
Jan 27, 2013
Defendant, Thad Warth, appeals from a judgment entered after a jury convicted him of firearm possession after having previously been convicted of a felony. (Former Pen. Code,[1] § 12021, subd. (a)(1) now § 29800, subd. (a)(1).) The information alleged defendant was in possessio…
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P. v. Newquist
Jan 27, 2013
Defendant challenges the trial court’s 2011 denial of his motion to withdraw his 2003 guilty plea, after remand by this court for a full hearing on the motion. Defendant contends his mental condition prevented him from exercising his free and clear judgment when he pled guilty,…
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In re S.F.
Aug 18, 2012
L.F. (Mother) appeals from the juvenile court’s November 18, 2011 jurisdictional and dispositional orders adjudging minor S.F. a dependent of the court pursuant to Welfare and Institutions Code section 300, subdivision (b) (failure to protect).[1] Mother contends that there was…
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P. v. Pringle
Aug 7, 2012
Defendant Jeffrey James Pringle was convicted of burglary and receiving stolen property. The trial court sentenced him to six years in prison (three years doubled under California’s three strikes law based on a strike). Defendant contends (1) he did not admit that his prior out…
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SHEEHAN v. SAN FRANCISCO 49ERS, LTD
Dec 28, 2011
In 2005, the San Francisco 49ers, Ltd. (49ers') began implementing a policy of the National Football League (NFL) requiring all patrons at their football games to submit to a patdown search before entering the stadium. Plaintiffs claim the policy violates their state constitu…
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SCHATZ v. ALLEN MATKINS LECK GAMBLE& MALLORY LLP
Dec 28, 2011
A modification decision.
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PEOPLE v. GALLAGHER
Dec 28, 2011
The question before this court is whether the People are entitled to appeal an order granting a motion to suppress evidence where, prior to the filing of the appeal, the misdemeanor case was dismissed pursuant to Penal Code[1] section 1385 at the People's request. We conclude…
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SANTA CRUZ v. CIVIL SERVICE COMMISSION OF SANTA CRUZ
Dec 28, 2011
The Santa Cruz County Sheriff, Steve Robbins (the Sherriff), demoted Sergeant George B. Jack for his conduct during an internal investigation of a female subordinate's gender harassment claim against him. George appealed to the Santa Cruz County Civil Service Commission (the …
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CHRISTENSEN v. SMITH
Dec 28, 2011
Ted E. Christensen and his wife, Eve L. Christensen, appeal from a judgment denying their petition to vacate or correct an arbitration award in favor of William W. Smith, Jr., and granting Smith's petition to confirm the award. The Christensens contend the arbitrator made err…
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BUILDING INDUSTRY ASSOCIATION OF CENTRAL CALIFORNIA v. CITY OF PATTERSON Part-II
Dec 28, 2011
Morrison Homes, Inc. (Developer) obtained a development agreement and tentative subdivision maps for the construction of two residential subdivisions in Patterson, California. At the time those documents were approved, the City of Patterson (City)[1] allowed developers to pay a f…