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All Reporterscal-5th → Volume 1

Opinions in cal-5th Volume 1

Opinion The federal Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) provides: “In any involuntary proceeding in a State court, where the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child’s tribe, ...
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Filed 7/11/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S097886 v. ) ) LOUIS RANGEL ZARAGOZA, ) ...
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Filed 7/11/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S224929 v. ) ) Ct.App. 6 H039219 ZEFERINO ESPINOZA, JR., ...
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Filed 7/14/16 IN THE SUPREME COURT OF CALIFORNIA In re ABBIGAIL A. et al., Persons Coming ) Under the Juvenile Court Law. ) ___________________________________ ) ) SACRAMENTO COUNTY ) S220187 DEPARTMENT OF HEALTH AND ) HUMAN SERVICES, ) ...
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Filed 7/18/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S102166 v. ) ) RICHARD NATHAN SIMON, ) ...
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Opinion In an effort to improve the reliability of the water supply system in California as well as to address environmental and ecological concerns, the Department of Water Resources (hereafter, the *166Department) undertook to investigate the feasibility of constructing a new tunnel or canal in the Sacramento-San Joaquin Delta as a means of delivering fresh water from Northern California to Cen...
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Filed 7/21/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Appellant, ) ) S219109 v. ) ) Ct.App. 4/3 G048563 ALEXIS ALEJANDRO FUENTES...
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Opinion Plaintiff Timothy Sandquist and the various defendants here are parties to an arbitration agreement. A salient question is whether that agreement permits or prohibits arbitration on a classwide basis. Here we must answer a question one step removed—who decides whether the agreement permits or prohibits classwide arbitration, a court or the arbitrator? The question has divided the many sta...
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Filed 8/1/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S139103 v. ) ) BAILEY LAMAR JACKSON, ) ...
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Filed 8/1/16 IN THE SUPREME COURT OF CALIFORNIA ROBERT C. BARAL, ) ) Plaintiff and Respondent, ) ) S225090 v. ) ) Ct.App. 2/1 B253620 DAVID SCHNITT, ...
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Filed 8/4/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S215914 v. ) ) Ct.App. 6 H039330 JEFFREY MICHAEL MORAN, ...
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Filed 8/8/16 IN THE SUPREME COURT OF CALIFORNIA CITY OF MONTEBELLO, ) ) Plaintiff and Respondent, ) ) S219052 v. ) ) Ct.App. 2/1 B245959 ROSEMARIE VASQUEZ et al., ...
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Filed 8/11/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S130659 v. ) ) CRAIGEN LEWIS ARMSTRONG, ) ...
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Filed 8/11/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S179181 v. ) ) Riverside County MICHAEL RAY BURGENER, ...
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Opinion A class action employment lawsuit settled before trial for $19 million, with the agreement that no more than a third of that recovery would go to class counsel as attorney fees. In seeking the trial court’s approval of the settlement, class counsel sought the maximum fee amount, $6,333,333.33. After considering information from class counsel on the hours they had worked on the case, appli...
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Opinion Defendant Sergio Dujuan Nelson was convicted of the first degree murders of Robin Shirley and Lee Thompson. (Pen. Code, § 187; all undesig-nated statutory references are to this code.) The jury also found true the special circumstance allegations that Nelson committed multiple murders and that the murders were committed while lying in wait. (§ 190.2, subd. (a)(3), (15).) It also found tru...
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Opinion The City of Perris (the City) is located 70 miles east of Los Angeles. This case involves the City’s condemnation of a 1.66-acre strip of defendants’ property in order to build a road. By taking the strip, the City has divided the property into two irregularly shaped parcels. The City claimed that defendants would have been required to dedicate the strip to the City, with no compensation,...
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Filed 8/18/16 IN THE SUPREME COURT OF CALIFORNIA JANIS S. McLEAN, ) ) Plaintiff and Appellant, ) S221554 ) v. ) Ct.App. 3 C074515 ) STATE OF CALIFORNIA ...
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Filed 8/18/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S224546 v. ) ) Ct.App. 4/3 G050399 JUANITA VIDANA, ...
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Filed 8/22/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S222620 v. ) ) Ct.App. 3 C074662 BRANDON LANCE RINEHART, ...
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Opinion Criminal defendants routinely file motions at the outset of their cases to suppress the evidence against them. When a judge grants such a motion, the prosecution may decide to dismiss the case and refile charges. But if the prosecution does refile such charges, Penal Code section 1538.5, subdivision (p)1 provides that any suppression motion the defendant subsequently files must be heard b...
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Filed 8/22/16; on rehearing IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S076339 v. ) ) GARY LEE GRIMES, ) ...
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Opinion Under our state Constitution, if the Legislature or a state agency requires a local government to provide a new program or higher level of service, the local government is entitled to reimbursement from the state for the associated costs. (Cal. Const., art. XIII B, § 6, subd. (a).) There are exceptions, however. Under one of them, if the new program or increased service is mandated by a f...
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Opinion Bristol-Myers Squibb Company (BMS), a pharmaceutical manufacturer, conducts significant business and research activities in California but is neither incorporated nor headquartered here. In March 2012, eight separate amended complaints were filed in San Francisco Superior Court by or on behalf of 678 individuals, consisting of 86 California residents and 592 nonresidents, all of whom alle...
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Filed 9/8/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S075136 v. ) ) DANIEL SANCHEZ COVARRUBIAS, ) ...
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Filed 9/19/16 IN THE SUPREME COURT OF CALIFORNIA FRIENDS OF THE COLLEGE OF ) SAN MATEO GARDENS, ) ) Plaintiff and Respondent, ) ) S214061 v. ) ) Ct.App. 1...
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Filed 11/7/16 IN THE SUPREME COURT OF CALIFORNIA MICHAEL EUGENE MAAS, ) ) Petitioner, ) ) S225109 v. ) ) Ct.App. 4/1 D064639 THE SUPERIOR COURT OF ...
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Filed 11/10/16 IN THE SUPREME COURT OF CALIFORNIA MORRIS GLEN HARRIS, JR., ) ) S231489 Petitioner, ) ) Ct.App. 2/5 B264839 v. ) ) THE SUPERIOR COURT OF LOS ...
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Filed 11/14/16 IN THE SUPREME COURT OF CALIFORNIA CENTINELA FREEMAN EMERGENCY ) MEDICAL ASSOCIATES et al., ) ) Plaintiffs and Appellants, ) ) S218497 v. ) ) ...
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Filed 11/21/16 IN THE SUPREME COURT OF CALIFORNIA HIROSHI HORIIKE, ) ) Plaintiff and Appellant, ) ) S218734 v. ) ) Ct.App. 2/5 B246606 COLDWELL BANKER RES...
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Filed 12/1/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S033901 v. ) ) CATHERINE THOMPSON, ) ...
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Filed 12/1/16 IN THE SUPREME COURT OF CALIFORNIA CECELIA KESNER, ) ) S219534 Petitioner, ) ) Ct.App. 1/3 A136378 v. ) ) Alameda County THE SUPERIOR COURT OF ...
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Filed 12/5/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S131819 v. ) ) GEORGE WILLIAMS, JR., ) ...
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Filed 12/5/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S221852 v. ) ) Ct.App. 2/5 B248316 PAUL MACABEO, ...
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