California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE v. MIRANDA
Jul 9, 2011
Defendant Humberto Miranda appeals from the judgment of conviction of attempted murder, second degree robbery, possession of a firearm by a felon and assault with a firearm. He contends principally: (1) there was insufficient evidence to support the conviction on all of the subst…
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BROWN v. GRIMES
Jul 9, 2011
For the following three reasons, the trial court refused to enforce a fee-sharing agreement between lawyers--plaintiff James Brown and defendant Milton Grimes--arising out of cases they handled in Texas: Brown had not performed his contractual responsibility to pay Paul Ross, a t…
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ZUBARAU v. PALMDALE Part-II
Jul 9, 2011
Plaintiff Alec Zubarau, an amateur or â€
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ZUBARAU v. PALMDALE Part-I
Jul 9, 2011
Plaintiff Alec Zubarau, an amateur or â€
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PEOPLE v. VILA
Jul 9, 2011
A criminal defendant has a hard enough time defending the underlying charge. He should not "pick a new fight" with the prosecutor and yet another fight with his court appointed counsel, i. e. he should not threaten to kill them thereby creating two new cases to defend. He…
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CITIZENS PLANNING ASSOCIATION v. SANTA BARBARA
Jul 8, 2011
The City of Santa Barbara (City) approved the development of 25 single-family homes. The project was to be constructed by real parties in interest and appellants, Peak-Las Positas Partners and its managing partner, Mark Lee (Las Positas). The City and Las Positas wished to provid…
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ROE v.DOE PART-II
Jul 8, 2011
Plaintiffs John Roe 58 and John Roe 61 appeal from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrers of various Catholic Church entities to their first amended complaint. Because the statute of limitations on the plaintiffs'…
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ROE v.DOE
Jul 8, 2011
Plaintiffs John Roe 58 and John Roe 61 appeal from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrers of various Catholic Church entities to their first amended complaint. Because the statute of limitations on the plaintiffs'…
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In re Marriage of SANDRA and EDWARD FOSSUM
Jul 8, 2011
Appellant Edward Fossum and his ex-wife, respondent Sandra Fossum purchased a house in 1994. To obtain the best interest rate, the property was purchased in Edward's[1] name alone, but later title was placed in both spouses' names. In 1998, the parties agreed to enter int…
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NORTEL NETWORKS INC v.STATE BOARD OF EQUALIZATION
Jul 8, 2011
This appeal requires an interpretation of the Sales and Use Tax Law. (Rev. & Tax. Code, § 6001 et seq.)[1] Nortel Networks Inc. sells telephone switching equipment in California. Income from switch hardware sales is indisputably taxable by the State of California. The question i…
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SCHOENFELD v. BOARD OF PAROLE HEARINGS
Jul 8, 2011
Plaintiff Richard Schoenfeld is currently incarcerated for crimes he committed approximately 35 years ago. On October 30, 2008, the Board of Parole Hearings (Board) found him suitable for parole. On August 14, 2009, at a hearing to calculate his release date under applicable inde…
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BOLOGNA v. SAN FRANCISCO
Jul 8, 2011
This case arises from the tragic and senseless killings of Anthony Bologna and his sons Michael and Matthew, who were stopped in traffic in San Francisco when Edwin Ramos, an illegal immigrant, allegedly shot and killed them. Plaintiffs Danielle, Andrew, and Francesca Bologna are…
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T.P.v. T.W
Jul 8, 2011
In response to a paternity action initiated by T.P., T.W. filed a petition under Family Code section 7802[1] to free her child from the custody and control of T.P., the admitted biological father.[2] The trial court ruled Mother had no standing to commence such a proceeding and e…
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In re JOSE
Jul 8, 2011
Appellant Jose T. appeals from a jurisdictional and dispositional order in a Welfare and Institutions Code section 602 proceeding declaring wardship and committing him to the Division of Juvenile Justice (DJJ).[1] Appellant contends that the juvenile court abused its discretion b…
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KULLAR v.FOOT LOCKER RETAIL, INC
Jul 8, 2011
The defendant in these consolidated class actions appeals from an order denying its motion to disqualify the attorneys for parties who have objected to the proposed settlement agreement in the first of these cases and are the plaintiffs in the second action in which a class has n…
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Mink v. Encina Veterinary Clinic
Jun 14, 2011
Plaintiff Perri Mink appeals the orders of the trial court sustaining without leave to amend the demurrers of defendants Encina Veterinary Clinic, Inc., Roger Johnson, Peter Nurre, Kathy Shuttlesworth, and Angela Linvill (collectively referred to as Encina), and Kevin W. Bissonne…
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PEOPLE v. ALVARADO
Jun 12, 2011
Appellant, Walter Alvarado, challenges the denial of his motion to suppress following his arrest at a DUI checkpoint. He had been charged with driving under the influence and driving with a blood alcohol level in excess of 0.08%. The issue before us is whether the People sustaine…
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PEOPLE v. BARBARA COSGRIFF OVERLAND
Jun 12, 2011
Defendant Barbara Cosgriff Overland appeals her conviction for failing to be properly restrained by a safety belt (Veh. Code, § 27315, subd. (d)(1)),[1] on the ground that wearing only a lap belt without the shoulder harness is not a violation of the statute. We reject her conte…
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PEOPLE v. GOLDSMITH
Jun 12, 2011
On March 13, 2009, a notice to appear was issued to appellant pursuant to the automated traffic enforcement statutes (Veh. Code, §§ 21455.5-21455.7), alleging she failed to stop at a red signal light located at the intersection of Centinela Avenue and Beach Avenue in the City o…
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EPSTEIN v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO
Jun 12, 2011
Plaintiffs Jerry Epstein, A. Redmond Doms, and Donald A. Casper brought this action against the Governor, the Acting Director of the Department of General Services (Director), and the Department of General Services (Department), seeking to prevent the Department's sale and le…