California Supreme Court and Court of Appeal published (citable) opinions.
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BRESLIN v. CITYANDCOUNTY OF SAN FRANCISCO PART I
Feb 22, 2007
Pendency of civil action against peace officer tolls one year period in which factually related departmental misconduct charges may be brought under Public Safety Officers Procedural Bill of Rights Act regardless of whether the civil action impacted on the misconduct investigatio…
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BRESLIN v. CITYANDCOUNTY OF SAN FRANCISCO PART II
Feb 22, 2007
Pendency of civil action against peace officer tolls one year period in which factually related departmental misconduct charges may be brought under Public Safety Officers Procedural Bill of Rights Act regardless of whether the civil action impacted on the misconduct investigatio…
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In re M.V
Feb 22, 2007
Child welfare agency seeking to remove child from foster home pursuant to a modification motion under Welfare and Institutions Code Sec. 388 need only prove by a preponderance of the evidence that there has been a change of circumstances and that proposed modification is in the c…
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NICHOLAS BETTENCOURT v. CITYANDCOUNTY OF SAN FRANCISCO
Feb 22, 2007
Pendency of civil action against peace officer tolls one year period in which departmental misconduct charges may be brought under Public Safety Officers Procedural Bill of Rights Act regardless of whether the civil action impacted on the misconduct investigation. Filing of disci…
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NESTLE's ICE CREAM COMPANY, LLC v. WORKERS' COMPENSATION APPEALS BOARD and KEN RYE
Feb 22, 2007
Employer's petition for reconsideration, which was filed and served more than 20 days from the date of service of the WCJ's original award but within 20 days of service of the amended award, was timely where the amendment increased the amount of benefits. While an amendme…
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In re DAVID MILLER
Feb 22, 2007
A modification decision.
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SLYKE v. GIBSON
Feb 22, 2007
Provision in real estate purchase agreement disallowing attorney fees to a prevailing party who did not first attempt mediation before filing an action did not preclude award to defendants' attorneys in connection with cross complaint against plaintiff's real estate broke…
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BURDEN v. AGNEW
Feb 22, 2007
Evidence that a decedent during his lifetime acknowledged an individual as his child to various people on various occasions is sufficient to establish a father child relationship for intestate succession purposes under Probate Code Sec. 6453(b)(2).
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CASTILLO v. EXPRESS ESCROW CO.,
Feb 22, 2007
Plaintiff mobilehome purchasers, by sending to escrow company a copy of their letter to seller, detailing their complaints about structural defects in the mobilehome, adequately preserved their rights under Health and Safety Code Sec. 18035(f), which requires the escrow agent for…
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CITY NATIONAL CORPORATION v. FRANCHISE TAX BOARD
Feb 22, 2007
Before pursuing refund, company was not required to pay proposed assessments in addition to its payment of all taxes that were due at time of filing refund action where company's protests against proposed assessments were still under consideration by Franchise Tax Board, rend…
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SMITH v. WORKERS' COMPENSATION APPEALS BOARD and CALIFORNIA YOUTH AUTHORITY
Feb 22, 2007
An attorney who succeeds in enforcing a workers' compensation award against an insurer that informally -- without instituting proceedings to terminate care - refuses to provide previously awarded medical care is entitled to fees under Labor Code Sec. 4607.
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In re KOBE A.,
Feb 22, 2007
Notice to alleged father of proceeding at which his parental rights were terminated was statutorily inadequate where it was sent by first class mail, not registered mail, and did not include a copy of the petition or the Judicial Council notice of rights form required by statute.…
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MEDEIROS v. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGE
Feb 22, 2007
Where insurer's group service agreement with county contained arbitration provisions, insurer was required by Health and Safety Code Sec. 1363.1 to make individualized disclosures concerning arbitration on the benefits election form that employees signed to enroll in the grou…
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ALVARADO v. SUPERIORCOURTOFLOS ANGELESCOUNTY
Feb 22, 2007
Evidence at preliminary hearing was insufficient to support firearm use enhancement allegation attached to burglary charge where, though sufficient to show that defendant was armed with gun and intended to use it, it failed to show that he took any action with regard to gun, such…
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CALIFORNIA FARM BUREAU FEDERATION v. CALIFORNIASTATE WATER RESOURCES CRL Part I
Feb 22, 2007
Water Code Sec. 1525, which authorizes State Water Resources Control Board to impose annual fees on holders of water right permits and licenses and which does not limit such fees to the costs of regulation, does not on its face violate Proposition 13, but certain fees imposed und…
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CALIFORNIA FARM BUREAU FEDERATION v. CALIFORNIASTATE WATER RESOURCES CR Part II
Feb 22, 2007
Water Code Sec. 1525, which authorizes State Water Resources Control Board to impose annual fees on holders of water right permits and licenses and which does not limit such fees to the costs of regulation, does not on its face violate Proposition 13, but certain fees imposed und…
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CALIFORNIA FARM BUREAU FEDERATION v. CALIFORNIASTATE WATER RESOURCES Part III
Feb 22, 2007
Water Code Sec. 1525, which authorizes State Water Resources Control Board to impose annual fees on holders of water right permits and licenses and which does not limit such fees to the costs of regulation, does not on its face violate Proposition 13, but certain fees imposed und…
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In re MARK COLLIN SODERSTEN PART I
Feb 22, 2007
Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one wit…
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In re MARK COLLIN SODERSTEN PART II
Feb 22, 2007
Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one wit…
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In re MARK COLLIN SODERSTEN PART III
Feb 22, 2007
Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one wit…