California Supreme Court and Court of Appeal published (citable) opinions.
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AMBRIZ v. KELEGIAN PART I
Feb 22, 2007
Where, in premises liability action underlying her legal malpractice suit, plaintiff who had been raped in apartment complex by an intruder presented evidence that male intruders had made repeated unauthorized entries to the premises and that there was no evidence of forced entry…
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AMBRIZ v. KELEGIAN PART II
Feb 22, 2007
Where, in premises liability action underlying her legal malpractice suit, plaintiff who had been raped in apartment complex by an intruder presented evidence that male intruders had made repeated unauthorized entries to the premises and that there was no evidence of forced entry…
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AMBRIZ v. KELEGIAN
Feb 22, 2007
A modification decision.
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JONES v. LODGE AT TORREY PINES PARTNERSHIP PART I
Feb 22, 2007
Jury finding that employee's exclusion from management and planning meetings and unwarranted disciplinary probation was sufficiently injurious to his career to constitute an adverse employment action was supported by substantial evidence, including proof that plaintiff had be…
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JONES v. LODGE AT TORREY PINES PARTNERSHIP PARTII
Feb 22, 2007
Jury finding that employee's exclusion from management and planning meetings and unwarranted disciplinary probation was sufficiently injurious to his career to constitute an adverse employment action was supported by substantial evidence, including proof that plaintiff had be…
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JONES v. LODGE AT TORREY PINES PARTNERS. PART III
Feb 22, 2007
Jury finding that employee's exclusion from management and planning meetings and unwarranted disciplinary probation was sufficiently injurious to his career to constitute an adverse employment action was supported by substantial evidence, including proof that plaintiff had be…
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JONES v. LODGE AT TORREY PINES PARTNERSHIP
Feb 22, 2007
A modification decision.
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PEOPLE v. GOODWILLIE Part I
Feb 22, 2007
Trial judge erred in relieving pro per defendant's advisory counsel without defendant's consent where such action effectively reversed the order of another judge of same court appointing advisory counsel, and none of the exceptions to the rule against reconsideration by o…
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PEOPLE v. GOODWILLIE Part II
Feb 22, 2007
Trial judge erred in relieving pro per defendant's advisory counsel without defendant's consent where such action effectively reversed the order of another judge of same court appointing advisory counsel, and none of the exceptions to the rule against reconsideration by o…
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PEOPLE v. GOODWILLIE Part III
Feb 22, 2007
Trial judge erred in relieving pro per defendant's advisory counsel without defendant's consent where such action effectively reversed the order of another judge of same court appointing advisory counsel, and none of the exceptions to the rule against reconsideration by o…
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PEOPLE v. STANLEY RAYMOND FLORES PART I
Feb 22, 2007
Defendant was denied his federal constitutional right to a jury verdict of guilty beyond a reasonable doubt where trial judge failed to instruct jury that the prosecution had the burden to prove each element of a charged offense beyond a reasonable doubt, even though judge had in…
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PEOPLE v. STANLEY RAYMOND FLORES PART II
Feb 22, 2007
Defendant was denied his federal constitutional right to a jury verdict of guilty beyond a reasonable doubt where trial judge failed to instruct jury that the prosecution had the burden to prove each element of a charged offense beyond a reasonable doubt, even though judge had in…
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ANNE v. PCG& S GROUP, INC Part I
Feb 22, 2007
Exculpatory clauses in standardized forms used in real estate sales and purchases do not bar, on the ground that buyers cannot show justifiable reliance as a matter of law, a claim for intentional misrepresentation brought by buyers of real property against the sellers' broke…
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PEOPLE v. THOMAS
Feb 22, 2007
In defendant's trial for sexual offenses, trial court did not have a duty under Apprendi to instruct jury to decide, along with the elements of the crimes charged, the applicability of a statutory provision extending the limitations period for filing the criminal complaint. W…
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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.