CA Unpub Decisions
California Unpublished Decisions
In appeal, the court held that triable issues of fact made summary judgment inappropriate in a lawsuit naming the sureties on a payment bond. Upon remand, the superior court conducted a trial and found that the sureties had agreed to be bound by their principal's settlement offer under Code of Civil Procedure section 998. Accordingly, the superior court ruled that the sureties were entitled to benefit from the offer and were not liable for any attorney fees incurred by the plaintiff.
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A minor is the daughter of appellant. In 2001, minor and three half-sisters were the subjects of separate juvenile dependency petitions filed by the San Francisco Department of Human Services. Upon investigation, the Department concluded that Mother's drug abuse rendered her incapable of caring for her children .
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In September 2005, the minor was removed from her parents' custody after their plea of no contest to allegations that their history of domestic violence was causing harm to her. Father purports to appeal (§ 395) from a finding of the juvenile court after the six-month review hearing that reasonable reunification services had been provided.
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Defendant appeals from a judgment following plea of no contest. Appellant's counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in a reversal or modification of the judgment.
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A criminal law decision regarding misdemeanor battery (as a lesser included offense of forcible oral copulation), false imprisonment (as a lesser included offense of kidnapping with intent to commit oral copulation), dissuading a victim and three counts of sexual battery.
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Defendant was found guilty following a jury trial of one count of second degree robbery, two counts of possession of a firearm by a felon, and one count of carrying a loaded firearm. On appeal, appellant contends the trial court erred in failing to instruct the jury on third party culpability, arguing that (1) the trial court had a sua sponte duty to so instruct the jury, or (2) alternatively, his counsel provided ineffective assistance by failing to request such an instruction. Court disagree and affirm.
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Following a contested jurisdictional hearing, the juvenile court found beyond a reasonable doubt that appellant robbed two men. Defendant argues there was insufficient evidence to prove his identity as the lead assailant or his responsibility for one of the robberies. Court affirm.
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This appeal arises from a traffic accident between a truck and a car. The injured car passengers sued the drivers of both vehicles. A jury determined that the truck driver was not at fault. On appeal, the plaintiffs challenge the jury instructions and the manner in which the jury alternates were selected. Court find no error and affirm the judgment.
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A criminal law decision regarding first degree murder and residential robbery. The jury found true the allegations that appellant committed the murder while engaged in the commission of the robbery, and that appellant personally used a firearm in the commission of both offenses.
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Listings: 77268
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Last listing added: 06:28:2023
Regular: 77268
Last listing added: 06:28:2023