Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → cal-app-4th → Volume 78

Opinions in cal-app-4th Volume 78

Opinion Appellant, Sharyn Renna, was hired as a board member assistant to Fresno County Supervisor Stan Oken in July of 1992. Appellant was terminated from that position on December 1, 1996. After her termination, appellant filed a complaint against the County of Fresno (hereinafter County) claiming that the County had failed to pay her for approximately 8,344 hours of overtime during her four ...
Views: 0
92 Cal.Rptr.2d 655 (2000) 78 Cal.App.4th 17 Norton STYNE, Plaintiff and Appellant, v. Connie STEVENS et al., Defendants and Respondents. No. B121208. Court of Appeal, Second District, Division Two. February 8, 2000. Review Granted June 2, 2000. *657 Bronson, Bronson & McKinnon and Barry B. Langberg, for Plaintiff and Appellant. Rosoff, Schiffres & Barta, Howard L. Rosoff; Christensen, Mil...
Views: 0
*30 Opinion In this case, we are asked to decide whether the Supreme Court’s decision in County of Santa Clara v. Perry (1998) 18 Cal.4th 435 [75 Cal.Rptr.2d 738, 956 P.2d 1191] limits retroactivity of all child support orders, including those brought pursuant to Welfare and Institutions Code former section 11350, now Family Code section 17402, 1 ...
Views: 0
Opinion Appellants contend the trial court improperly granted summary judgment on their claims against the State Bar of California (the State Bar), challenging the constitutionality of the State Bar’s mandatory continuing legal education (MCLE) program. We must affirm the trial court’s ruling, under the compulsion of the recent majority opinion of the California Supreme Court in Warden v. Stat...
Views: 0
Opinion This is an appeal from a judgment for the defendants in an action for forcible entry and detainer filed by tenants who were evicted under an invalid writ of possession. We affirm. Procedural History The complaint for forcible entry and detainer was filed on December 23, 1996, by the tenants of commercial property, Bruce Glass, Christine Glass, *47and Sue Craik (the Glasses), against defend...
Views: 0
92 Cal.Rptr.2d 597 (2000) 78 Cal.App.4th 52 The VONS COMPANIES, INC., Plaintiff and Respondent, v. UNITED STATES FIRE INSURANCE COMPANY, Defendant and Appellant. No. B120616. Court of Appeal, Second District, Division Five. February 9, 2000. As Modified March 6, 2000. Review Denied May 24, 2000. *598 Arthur Paul Berg for Defendant and Appellant. *599 Gilbert, Kelly, Crowley & Jennett, and Pet...
Views: 0
*55Opinion Defendant United States Fire Insurance Company appeals from the judgment entered in a declaratory relief action ordering it to indemnify its insured, plaintiff The Vons Companies, Inc. For the reasons set forth below, we affirm the judgment. Facts and Procedural History1 On April 20, 1992, Danny McKeman was seriously injured after he was struck by a pallet jack being operated by an emp...
Views: 0
Opinion Camille Bengal, Connie Ebey, Mary Ann Suerth and Jeannie McKenzie sued their former employer, Canfield & Associates, Inc., alleging their employment was terminated based upon their age in violation of the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). The jury found that Canfield had terminated all four plaintiffs based upon their age, but the court granted C...
Views: 0
92 Cal.Rptr.2d 351 (2000) 78 Cal.App.4th 79 Theresa AGUILAR et al., Plaintiffs and Appellants, v. ATLANTIC RICHFIELD COMPANY et al., Defendants and Appellants. No. D030628. Court of Appeal, Fourth District, Division One. January 31, 2000. Review Granted May 17, 2000. *358 Cohelan & Khoury, Timothy D. Cohelan, Isam C. Khoury, Margaret L. Coates; Daniel J. Mogin and Angela Milea Mogin, San Dieg...
Views: 0
Opinion I Introduction Defendant and appellant Cipriano Gutierrez was charged with one count of second degree robbery in violation of Penal Code section 211. 1 It was further alleged that Gutierrez personally used a knife in the commission of the offense (§ 12022, subd. (b)(1)). It was also alleged Gutierrez had been convicted of one serious or violent felony (§§ 1170...
Views: 0
Opinion La Tanya Brown (plaintiff) allegedly was injured when she slipped and fell down three stairs on premises owned by Maurice and Rosemary Williams (defendants). Plaintiff filed suit against defendants, and was awarded nothing by the judicial arbitrator, then failed to timely request a trial de novo. Thus, the arbitration award became final. *184 Plaintiff sought relief ...
Views: 0
92 Cal.Rptr.2d 648 (2000) 78 Cal.App.4th 191 In re LEVI U., a Person Coming Under the Juvenile Court Law. Butte County Children's Services Division, Plaintiff and Respondent, v. Robin W., Defendant and Appellant. No. C032196. Court of Appeal, Third District. February 4, 2000. *649 Andrea L. McCann, by appointment under the Central California Appellate Program, Roseville, for Appellant. Susan Mina...
Views: 0
Opinion Robin W. (appellant), the mother of Levi U. (the minor), appeals from orders of the juvenile court adjudging the minor a dependent child of the court and denying her reunification services. (Welf. & Inst. Code, §§ 360, subd. (d), 395; further undesignated statutory references are to the Welfare and Institutions Code.) Appellant contends the Butte County Children’s Services Division (CSD) ...
Views: 0
92 Cal.Rptr.2d 662 (2000) 78 Cal.App.4th 202 The PEOPLE, Plaintiff and Respondent, v. George BOURQUIN, Defendant and Appellant. No. D032477. Court of Appeal, Fourth District, Division One. February 10, 2000. Rehearing Granted March 13, 2000. *663 Cheryl A. Geyerman, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant. Bill Lockyer, Attorney General, David P. Druliner,...
Views: 0
Opinion Plaintiffs in the underlying action seek damages for injuries resulting from their false arrest, false imprisonment and violation of their federal civil rights by defendants, the County of Los Angeles and individual county employees. In a pretrial order, the trial court ruled that under their state law causes of action plaintiffs can only recover damages for the period between their arr...
Views: 0
Opinion Norman Hall was convicted of one count of first degree murder with a finding of special circumstances and sentenced to a term of *234 life without the possibility of parole. He appeals, arguing prejudicial delay in prosecution, prosecutorial misconduct, the admission of an involuntary confession, improper restriction on defense evidence and failure to allow a statement of reasons for ...
Views: 0
*245 Opinion I. Introduction Defendant Jose Guadalupe Diaz was convicted by jury of sexually assaulting and attempting to rob a woman he accosted on the street and forced into a nearby park. His 80-year-to-life state prison sentence resulted from the combined effect of the so-called three strikes and one strike sentencing statutes. We remand for resentencing and otherwise af...
Views: 1
92 Cal.Rptr.2d 693 (2000) 78 Cal.App.4th 250 In re PHILLIP F. et al., Persons Coming Under the Juvenile Court Law. Kern County Department of Human Services, Plaintiff and Respondent, v. Anna S., Defendant and Appellant. No. F033413. Court of Appeal, Fifth District. February 15, 2000. Review Denied May 10, 2000. *694 Kathleen Murphy Mallinger, under appointment by the Court of Appeal, for Defendan...
Views: 1
Opinion Anna S. appeals from the order terminating her parental rights to her sons Phillip F. (born Jan. 5, 1992) and George F. (born Jan. 19, 1993).1 (Welf. & Inst. Code,2 § 366.26.) The novel issue presented is whether a parent who is represented by counsel and fails to appear at the properly noticed section 366.26 hearing must be renoticed of the continued hearing date pursuant to section 366....
Views: 0
* Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of parts 2 and 3 of Discussion. [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 264 OPINION Anthony D. appeals from juvenile court findings and orders denying him reunification serv...
Views: 0
Opinion Anthony D. appeals from juvenile court findings and orders denying him reunification services with his three-year-old daughter, Axsana S., pursuant to Welfare and Institutions Code section 361.5, subdivision (a).1 Appellant was incarcerated throughout the dependency proceedings. At the time the challenged dispositional orders were made, he was being held in the Los Angeles County jail awa...
Views: 0
92 Cal.Rptr.2d 781 (2000) 78 Cal.App.4th 274 The PEOPLE, Plaintiff and Respondent, v. Cicely Keshawn REED, Defendant and Appellant. No. F030638. Court of Appeal, Fifth District. February 16, 2000. Review Denied June 2, 2000. *783 James F. Johnson, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant. Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant ...
Views: 0
*277Opinion By information filed in Kings County Superior Court, appellant Cicely Keshawn Reed and her codefendant Adam G. Tapia were jointly charged with the first degree robbery of Georgina Johnson in an inhabited dwelling house (Pen. Code, § 211); the assault with a semiautomatic firearm of Willie Wills (Pen. Code, § 245, subd. (b)); the assault with a firearm of Georgina Johnson (Pen. Code, § ...
Views: 0
* Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of parts III, VII, and X. [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 309 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREF...
Views: 0
92 Cal.Rptr.2d 727 (2000) 78 Cal.App.4th 346 The PEOPLE, Plaintiff and Respondent, v. James CLEM, Defendant and Appellant. No. A082187. Court of Appeal, First District, Division Four. February 17, 2000. Review Denied June 14, 2000. *728 Mark R. Verneulen, under appointment by the Court of Appeal, Counsel for Appellant James Clem. Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant ...
Views: 0
Opinion In this appeal we hold that grossly negligent discharge of a firearm in violation of Penal Code section 246.3 is an offense “inherently dangerous to human life” which will support a conviction of second degree felony murder. I. On May 18, 1997, appellant James Clem fired a rifle out of the window of his second story apartment, and the bullet struck and killed a man standing in the street ...
Views: 0
*357Opinion A judgment debtor with an equitable right to an offset calculated the amount due under the judgment by subtracting the offset from the principal amount of the judgment, then using the remainder to calculate postjudgment interest due as of the date of payment. The judgment creditor objected, contending the postjudgment interest should have been calculated before the judgment debtor cre...
Views: 1
Opinion In Fleet v. CBS, Inc. (1996) 50 Cal.App.4th 1911 [58 Cal.Rptr.2d 645], the appellate court held that unpaid film actors’ claims for misappropriation of name, photograph, or likeness under section 3344 of the Civil Code 1 were preempted by federal copyright law, where the only misappropriation alleged was the film’s authorized distribution by the exclusive distrib...
Views: 2
92 Cal.Rptr.2d 723 (2000) 78 Cal.App.4th 376 In re RASHAD H. et al., Persons Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. Steven H., Defendant and Appellant. No. B133778. Court of Appeal, Second District, Division Five. February 17, 2000. As Modified March 2, 2000. *724 Nancy E.B. Nager, under appointment by the C...
Views: 0
*378Opinion Steven H., the father, has appealed from an order terminating parental rights to the minors, Rashad and Brandon H., pursuant to Welfare and Institutions Code section 366.26. Counsel for the father and the Los Angeles County Department of Children and Family Services (the department) have stipulated that the Welfare and Institutions Code section 366.26 parental termination rights order...
Views: 0
Opinion Thuan Tan Tran pleaded guilty to three counts of grand theft (Pen. Code, § 487) in exchange for the prosecutor’s dismissal of two *385other pending cases and the court’s dismissal of an “out on bail” enhancement under section 12022.1.1 The court sentenced Tran to the aggravated sentence on each count for a total term of four years and four months, suspended imposition of sentence, and plac...
Views: 0
92 Cal.Rptr.2d 821 (2000) 78 Cal.App.4th 391 Walter M. BRENNAN, Plaintiff and Appellant, v. TREMCO INCORPORATED et al., Defendants and Respondents. No. B125398. Court of Appeal, Second District, Division Three. February 18, 2000. As Modified February 23 and February 29, 2000. Review Granted June 21, 2000. *822 Grace & Sater LLP, Michael K. Grace and Gregory J. Sater, Los Angeles, under appoin...
Views: 0
Opinion In these original proceedings, we consider a significant issue of criminal procedure: to what extent may an indicted defendant obtain discovery of nontestimonial grand jury proceedings for the purpose of preparing a Penal Code section 995 motion to dismiss the indictment on grounds of lack of probable cause?1 Our Supreme Court has recognized that the grand jury’s ability to consider the e...
Views: 0
Opinion After his motion to suppress evidence was denied, defendant Howard Douglas Allen pleaded no contest to possession of cocaine base (Health & Saf. Code, § 11350, subd. (a)) and admitted a prior serious felony conviction. (Pen. Code, § 667, subds. (b)-(i).) He was sentenced to state prison for 32 months and now appeals, claiming the court erred in denying his motion to suppress the warrantle...
Views: 0
Opinion After the superior court sustained a demurrer to his initial pleading, plaintiff Thomas Robison filed an amended petition for a traditional writ of mandate directing defendant City of Manteca to reinstate him to his position as “Refuse Collector Worker II.” This time, the superior court sustained the defendant’s demurrer without leave to amend. We dismissed *455the plaintiff’s invalid app...
Views: 0
Opinion Milton Lorig and Michael Burton are physicians licensed by respondent Medical Board of California (the Board). Lorig and Burton are also members of the Union of American Physicians and Dentists (the Union), which is the recognized bargaining representative for approximately 2,000 physicians and dentists employed by the State of California and nine political subdivisions. Lorig, Bu...
Views: 0
Opinion An employee of a civilian contractor operating on a federal military enclave brought a lawsuit for wrongful termination. We conclude *477 that all but one of his state law claims are barred by article I, section 8, clause 17 of the United States Constitution. Facts and Procedural Background Respondent Lockheed Martin Corporation (Lockheed) is a civilian cont...
Views: 0
92 Cal.Rptr.2d 884 (2000) 78 Cal.App.4th 489 The PEOPLE, Plaintiff and Respondent, v. Dennis McFARLAND, Defendant and Appellant. No. B128007. Court of Appeal, Second District, Division Six. February 23, 2000. *886 Ralph H. Goldsen, Goleta, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Car...
Views: 0
Opinion Here we conclude that Evidence Code section 11081 does not allow a psychiatrist called as an expert witness to render an opinion about the accused’s sexual proclivities during the prosecution’s case-in-chief. Section 1108 permits the prosecution to prove a defendant’s sexual propensity through evidence of specific instances of conduct. It does not alter section 1102’s rule that opinion evi...
Views: 0
Opinion Plaintiff Jose Hernandez, the son of Manuel Hernandez, appeals from summary judgment granted to defendant California Hospital Medical Center (respondent) in this medical malpractice action. After review of the record, we reverse. Facts This is a survival action brought by plaintiff to recover damages allegedly resulting from injuries received by his “over eighty years old” father du...
Views: 1
*510Opinion Introduction The Workers’ Compensation Appeals Board (WCAB) determined a golf caddie to be an independent contractor rather than an employee when injured. We find that the facts established an employment relationship, considering the goals and purposes of the Workers’ Compensation Act (Act), and annul and remand the decision for further proceedings consistent with this opinion. Factua...
Views: 1
*564 Opinion The complaint in this class action suit alleges defendant made false statements before regulatory bodies, the medical profession, and to the public in connection with one of its pharmaceutical products. The trial court denied a motion to strike under the anti-SLAPP (strategic lawsuit against public participation) statute. (Code Civ. Proc., § 425.16; all further statu...
Views: 0
Opinion Petitioner Glen C„ the father of G. C., B. H. and G. H., seeks review by extraordinary writ of orders of the juvenile court terminating reunification services and setting a permanency planning hearing (Welf. & Inst. Code, 1 § 366.26) for February 28, 2000. 2 Although his bare-bones petition, unaccompanied by points and authorities, does not elaborate on his a...
Views: 0
Opinion I. Procedural History Defendant Gregory Gadlin was sentenced to 35 years to life in state prison following conviction by jury of attacking his live-in girlfriend with a knife, in violation of Penal Code section 245, subdivision (a)(1). The same jury sustained allegations of two prior felony convictions, charged as both strike priors (Pen. Code, § 667, subds. (b)-(i)) and serious felon...
Views: 0
Opinion The defendant Steven Issod, was sued by the Mike Davidov Company, which is owned by Mike Davidov (plaintiff), for fraud and breach of contract after defendant failed to return a diamond to plaintiff. Following a bench trial, the court ruled in favor of plaintiff, and awarded him $20,301 in compensatory damages on the fraud cause of action, and $96,000 in punitive damages. We concl...
Views: 0
92 Cal.Rptr.2d 761 (2000) 78 Cal.App.4th 611 Jeffrey N. STEARMAN et al., Plaintiffs and Appellants, v. CENTEX HOMES, Defendant and Appellant. No. G019311. Court of Appeal, Fourth District, Division Three. January 31, 2000. Rodarti, Feld & Gelfer, Richard G. Feld and Scott H. Gelfer, Newport Beach, for Plaintiffs and Appellants. *762 Epsten & Grinnell, Douglas W. Grinnell and Luis E. Ventu...
Views: 0
Opinion Defendant Centex Homes appeals from a judgment in favor of plaintiffs Jeffrey N. and Linda Stearman in a strict liability action arising out of defendant’s defective construction of the foundation of plaintiffs’ tract home, resulting in severe slab movement and deformation. The defects caused extensive cracks throughout the interior and exterior surfaces of the home. The issue is not whet...
Views: 0
Opinion The sole issue before this court is the proper method to use for calculating petitioner applicant Ngoc Hai Thi Pham’s “average weekly earnings” pursuant to Labor Code section 4453 in order to determine her correct rate of weekly temporary total disability indemnity payments under section 4653.1 We conclude that the Workers’ Compensation Appeals Board (Board) has improperly utilized subdivi...
Views: 0
92 Cal.Rptr.2d 916 (2000) 78 Cal.App.4th 653 FOXGATE HOMEOWNERS' ASSOCIATION, INC., Plaintiff and Respondent, v. BRAMALEA CALIFORNIA, INC., et al., Defendants and Appellants; Ivan K. Stevenson, Objector and Appellant. No. B124482. Court of Appeal, Second District, Division Five. February 25, 2000. Rehearing Denied March 21, 2000. Review Granted May 17, 2000. *918 Ivan K. Stevenson and Jeffrey L. ...
Views: 0
Opinion Tri-West Insurance Services, Inc. (Tri-West), an insurance broker, appeals from the dismissal of its cross-complaint against Seguros Monterrey Aetna, S.A. (SMA), a Mexican insurance company, in *675litigation instigated by a Tri-West client, Swat-Fame, Inc. (Swat-Fame). We agree with the trial court that SMA did not have the requisite minimum contacts with this state for the assertion of ...
Views: 0
Opinion Plaintiffs suffered injuries in the crash of a light aircraft, allegedly due to a malfunction in the engine’s carburetor. Defendant is an aircraft parts manufacturer who did not manufacture or sell this particular model of carburetor but acquired the product line from a predecessor who had acquired it from the original manufacturer. The carburetor was manufactured and sold in 1968...
Views: 0
Opinion Michael Schmier (appellant) appeals the dismissal of his complaint for injunctive relief and writ of mandate after the demurrer of *706 respondents, the Supreme Court of California, the Court of Appeal of California and the Judicial Council of California, was sustained without leave to amend. Appellant seeks to enjoin respondents from enforcing the rules governing pub...
Views: 0
*715 Opinion Transworld Systems, Inc. (TSI), a collection service, appeals following the trial court’s grant of summary judgment for the County of Sonoma (the County) in TSI’s suit for refund of business property taxes. TSI contends the form letters it sends to debtors qualify as exempt business inventory of a nonprofessional service under Revenue and Taxation Code section 129 an...
Views: 1
93 Cal.Rptr.2d 587 (2000) 78 Cal.App.4th 719 The PEOPLE, Plaintiff and Respondent, v. Randy Alan VALENTINE, Defendant and Appellant. No. B109409. Court of Appeal, Second District, Division Seven. February 28, 2000. As Modified March 15, 2000. As Modified on Denial of Rehearing March 29, 2000. Review Granted June 14, 2000. *588 The Law Offices of Dennis A. Fischer, by Dennis A. Fischer, Los Angele...
Views: 0
93 Cal.Rptr.2d 169 (2000) 78 Cal.App.4th 733 Ellen LUND, Plaintiff and Appellant, v. BALLY'S AEROBIC PLUS, INC., et al. Defendants and Respondents. No. B127903. Court of Appeal, Second District, Division Six. February 28, 2000. *170 Steven W. O'Reilly, Torrance, and Charles B. O'Reilly, Marina Del Rey, for Plaintiff and Appellant. Anthony J. Ellrod and Steven J. Renick, Manning, Marder & Wolf...
Views: 0
Opinion The modern health or fitness club is a place where a person can attain physical health and fitness. It is also a place where a person can get hurt. For this reason, most, if not all, health clubs require patrons to assume the risk of physical injury associated with body building and aerobic conditioning. As we shall explain, here the waiver and release of liability operates as an effective...
Views: 0
Opinion A defendant was found to be incompetent five months after his preliminary hearing, and criminal proceedings were suspended. After his competence was restored, he made a nonstatutory motion to dismiss the case. He argued that he had been incompetent at the time of the preliminary hearing, which rendered his commitment unlawful. The trial court granted his motion. We affirm. Facts A p...
Views: 0
*781 Opinion Defendant Harvey Mack Leonard appeals from an order committing him to Atascadero State Hospital after a jury found true the allegation he is a sexually violent predator within the meaning of Welfare and Institutions Code sections 6600-6609.3, the Sexually Violent Predators Act (the SVPA). 1 Defendant raises a broad constitutional challenge to the SVPA, c...
Views: 0
Opinion Jeen Young Han, Archie Bryant, and John Sayarath were convicted of conspiracy to murder Jeen Han’s twin sister, Sunny Han, and other related crimes. 1 In this appeal both Jeen and Bryant attack the sufficiency of the evidence and claim error in the refusal to allow discovery of Sunny’s medical records. Separately they raise other points. Only one issue has merit; the court erred in ru...
Views: 6
Opinion This matter concerns appeals and cross-appeals from the judgment in an action to declare a public easement for use of a road along the side of an irrigation canal. Defendants Jon and Robin Blasius (collectively the Landowners) appeal from a judgment which declares and enjoins interference with a public easement for a right-of-way and recreation along the portion of their prop...
Views: 1
Opinion A plaintiff in a wrongful death action appeals from an order dismissing her action pursuant to Code of Civil Procedure section *842 664.6. 1 Finding that the summary procedures of section 664.6 are inapplicable in these circumstances, we reverse. Factual and Procedural Background In May of 1997, Patricia Kirby filed a complaint against Southern California Edison Company, allegin...
Views: 1
Opinion Two insurance carriers, Northbrook National Insurance Company (Northbrook) and Royal Insurance Company of America (Royal) appeal from a judgment awarding compensatory and punitive damages to two insureds, Innovative Products Sales & Marketing, Inc. (IPS) and Shade Foods, Inc. (Shade). We reverse the judgments for punitive damages and modify a portion of the judgment pursuant to th...
Views: 1
Opinion After a jury trial, defendant Ricky Mendoza was convicted of one count of first degree murder (Pen. Code,1 § 187). The jury also made a true finding on the allegation that defendant had used a deadly weapon in the commission of the murder. Defendant also admitted five prior convictions. Pursuant to section 667, subdivisions (b) through (i) (hereafter, the three strikes law), defendant was...
Views: 1
*933 Opinion James Lin, doing business as Southland Dental, Cathy Chou, and Monica Bhandari (appellants) are licensed dentists who were aggrieved by the State of California, California Department of Health Services, and the California Medi-Cal Dental Program’s (respondents) regulation of their Denti-Cal patients. 1 They contend respondents’ regulation failed to comply ...
Views: 0
*939 Opinion Antonio R. appeals from a juvenile court probation order that requires him to stay out of Los Angeles County unless accompanied by a parent or with prior permission from the probation officer. We affirm. I Antonio absconded from Orange County juvenile probation supervision on his 17th birthday, January 18, 1999, four days after his release from a county program. 1 In Los An...
Views: 0
Opinion Appellants Richard Wagner, trustee of the Romaric Trust, and Robert Wagner, trustee of the Wagner Family Trust (appellants) appeal from a judgment entered after the trial court granted summary judgment in favor of respondent City of South Pasadena (City) and real party in interest Landmark Theatre Corporation (Landmark). We affirm. *946 Contentions Appellants contend that: (1) the...
Views: 0
*957 Opinion Introduction In these related proceedings, plaintiff Mina Wilner (Wilner) appeals from an order sustaining without leave to amend a demurrer to the class action allegations of her first amended complaint. 1 Defendant Sunset Life Insurance Company (Sunset) petitions for a writ commanding the superior court to sustain a demurrer to the sixth cause of ac...
Views: 2
Opinion We hold that the demurrer of Ralph Rodriguez Diaz, Gabriel Eudalgo Lara, and Robert Wayne Everton to the complaint of Genoveva Anaya and Alfredo Vides should have been overruled. Anaya and Vides allege that their 11-year-old daughter, Norma Vides, was with them when their car collided with a Los Angeles city trash truck that was stopped in the number 2 lane of a road. Injured...
Views: 0
Opinion Introduction Appellant Luisa Z. was arrested for possession of marijuana for sale. The juvenile court initially placed her on informal probation, but appellant violated probation, and the juvenile court committed her to the California *981 Youth Authority (CYA). The court also ordered her to register as a narcotics offender, pursuant to Health and Safety Code sec...
Views: 0
*995 Opinion An agreement by a subcontractor to indemnify a general contractor for any claim made with respect to the work covered by or incidental to their subcontract may require indemnity even if the claim is not meritorious and the subcontractor is not guilty of any negligence. Thus we affirm the trial court’s judgment in favor of a general contractor against a subcontractor ...
Views: 0
*1022 Opinion In this matter we are asked to determine whether or not the State of California (hereinafter State or petitioner) owns all of the groundwater present under the surface of the State. We conclude that it does, but that its “ownership” is not necessarily such as to trigger an “owned property” exclusion in a policy of liability insurance. Accordingly, we set aside the t...
Views: 0
Opinion In 1992, the law was amended to provide that judgments for child, family or spousal support were exempt from any requirement for renewal, and were enforceable until paid in full. Notwithstanding that amendment, Division Two of the Fourth District held the defense of laches was still available to thwart a stale attempt at enforcement of a judgment for past due spousal support. (In re Marri...
Views: 0
93 Cal.Rptr.2d 240 (2000) 78 Cal.App.4th 1035 The PEOPLE, Plaintiff and Respondent, v. Roman BARBA, Defendant and Appellant. No. G023877. Court of Appeal, Fourth District, Division Three. February 29, 2000. Review Granted June 2, 2000. *242 Mark Alan Hart, Northridge, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel E. Lungren and Bill Lockyer, Attorneys General, Geor...
Views: 0
Opinion John George, James F. George IV, and Mary George (the Georges) appeal from the summary judgment entered in favor of respondents County of San Luis Obispo, and Sheriff’s Deputies Gary Anderson and Ben Hall (Sheriff). The Sheriff evicted the Georges from property leased to family members James George III and Margie George pursuant to an order and writ of possession issued by the federal ban...
Views: 0
Opinion In a bifurcated proceeding, a jury convicted Oscar Regalado of committing a lewd act upon a child under the age of 14 and then found prior conviction allegations to be true. Regalado appeals, contending he was denied due process when the trial court read jurors an instruction permitting them to infer he was predisposed to commit the current offense after considering evidence of his prio...
Views: 0
Opinion Introduction When a defendant in a criminal case is accused of a sexual offense, the jury will sometimes consider evidence of the defendant’s commission of *1067 another sexual offense or offenses. (Evid. Code, § 1108.) The evidence of the defendant’s commission of another sexual offense or offenses is offered to show the defendant’s disposition or propensity to ...
Views: 0
Opinion Appellant, the Lamont Storm Water District of Kern County, filed a complaint seeking to have certain waters declared “flows within a natural watercourse” and, further, to have “the diversion of such flows” declared “an abatable public nuisance under the law of this State including by injunction.” The trial court entered judgment against appellant after it sustained a demurrer to a...
Views: 1
Opinion G. L. Mezzetta, Inc. (Mezzetta) sued the City of American Canyon (City) for breach of oral and written contract, inverse condemnation, and civil rights violations after the City allegedly failed to honor its agreement to provide Mezzetta with a connection to a wastewater discharge system that could accept Mezzetta’s high salinity wastewater. The trial court ultimately sustained the City...
Views: 0
Opinion The question before us is whether an employee who is sued by a coworker for sexual harassment is entitled under Labor Code section 2802 to indemnification from his employer of the legal costs incurred successfully defending the sexual harassment action. We conclude that he is, and we reverse the summary judgment in favor of the employer. Background The Claim for Indemn...
Views: 1
Opinion The defendant in this case was involved in three vehicular accidents, two of which resulted in bodily injuries to others, in the span of less than one hour. In the third accident, she tilled a four-year-old child strapped in a child safety seat in the backseat of his mother’s vehicle. Defendant’s blood-alcohol level was .27 percent. She was convicted of second degree murder, gross vehic...
Views: 0
Opinion Appellant contends that the trial court erroneously denied his Wheeler motion, 1 his conviction was not supported by substantial evidence, cumulative evidentiary errors and pervasive prosecutorial misconduct require reversal, and cross-examination was unduly restricted. We conclude that the trial court erred with regard to the Wheeler challenge but that none of appellant’s other a...
Views: 0
Opinion James William Turner appeals from a judgment after his second trial ordering his two-year commitment to the custody of the State Department of Mental Health (DMH) following a jury finding he is a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (the Act) (Welf. & Inst. Code, 2 § 6600 et seq.). Turner contends the jury’s determinat...
Views: 1
Opinion Appellant Peter Schnall filed this class action 1 complaint seeking damages and injunctive relief against respondent Hertz Corporation (Hertz). His chief allegation was that, because Hertz’s fuel service charge was “excessive and punitive,” the rental agreement was unlawful, unfair and fraudulent within the meaning of the unfair competition law (Bus. & Prof. Code, § 172...
Views: 3
Opinion Petitioners Michael Thomas Cheek and Allen Douglas Butler were found to be sexually violent predators under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq.) 1 and were committed to the custody of the State Department of Mental Health (DMH) for two years. We affirmed those commitments in People v. Cheek (1999) 75 Cal.App.4th 282 [89 Cal....
Views: 0
Opinion Michele B., mother of the children Caitlin and Ryan, appeals from orders of the juvenile court terminating her parental rights and freeing the children for adoption (Welf. & Inst. Code, § 366.26; further undesignated section references are to this code). Appellant contends the *1192court erred in terminating her parental rights because Ryan’s alleged fathers were not provided notice of th...
Views: 0
Opinion Defendant appeals from the judgment following his convictions for attempted premeditated murder and being a felon in possession of a firearm. The principal issue in this appeal is the correct method of calculating the minimum term of the indeterminate life sentence for a third strike offender when the punishment otherwise provided for the current offense is life imprisonment with possib...
Views: 0
Opinion After retained counsel unsuccessfully defended a corporate landlord in a legal action brought against it by tenants, the corporation sued counsel for malpractice. Judgment was entered in counsel’s favor. Relying on Corporations Code section 317, the trial court ordered the corporation to indemnify counsel for the expenses and attorney fees incurred in defending agáinst the ma...
Views: 0
Opinion Iman Kwizera entered a negotiated guilty plea to battery on a noninmate while confined in jail. (Pen. Code, §4131.5.) The court suspended imposition of sentence and placed him on three years’ probation including a condition he serve 270 days in custody. Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal ...
Views: 0
93 Cal.Rptr.2d 607 (2000) 78 Cal.App.4th 1242 The PEOPLE, Plaintiff and Respondent, v. Kevin Bryan SPENCE, Defendant and Appellant. No. C028033. Court of Appeal, Third District. March 10, 2000. As Modified on Denial of Rehearing April 10, 2000. Review Granted July 12, 2000. *608 Todd D. Riebe, Madera, and Colin J. Heran, Sacramento, under appointments by the Court of Appeal, for Defendant and App...
Views: 0
*1257 Opinion This appeal is from a judgment granting a writ of mandate, commanding the City of Manhattan Beach (City) to rescind all permits for a beachside condominium project to the extent such permits authorized the construction to exceed the City’s legislated height limitations. Both the City and the project’s developer contend the City’s approval of a tentative vesting parcel map in 199...
Views: 0
*1270 Opinion Plaintiff and appellant Bank of America (Bank) appeals from a judgment in favor of defendant and respondent County of San Bernardino (County) and defendant and appellant Giant Inland Empire R.V. Center, Inc. (Giant), in an action by Bank to set aside a tax sale by County to Giant of real property on which Bank had a secured lien. 1 Giant appeals from the ...
Views: 1
93 Cal.Rptr.2d 619 (2000) 78 Cal.App.4th 1282 MONARCH HEALTHCARE, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Andrew Cassidenti, Real Party in Interest. No. G025877. Court of Appeal, Fourth District, Division Three. March 13, 2000. *621 Sedgwick, Detert, Moran & Arnold, David Humiston, Robert C. Bohner, Los Angeles, Hall R. Marston, Santa Monica, and Douglas J. Collodel, L...
Views: 0
Opinion The discovery rules do not discriminate against nonparty deponents. They need not scramble to retain a lawyer to file a motion to quash in order to challenge “records only” discovery requests that seek privileged information. It is sufficient to simply object. I Andrew Cassidenti, the head of an obstetrical medical practice group, sued Brian Koperek and other doctors for unfairly competin...
Views: 0
93 Cal.Rptr.2d 613 (2000) 78 Cal.App.4th 1292 Alexander CASTELLANOS, Plaintiff and Respondent, v. COASTAL PROVIDERS OF SAN LUIS OBISPO, Defendant and Appellant. No. H019363. Court of Appeal, Sixth District. March 10, 2000. Review Granted June 28, 2000. *614 Kimble, MacMichael & Upton and D. Tyler Tharpe, Fresno, and Mary Ann Bluhm, Attorneys for Defendant and Appellant. Mitehell J. Green, Att...
Views: 0
Opinion Defendant Joseph Antony Marquez was convicted by jury of two counts of robbery. (Pen. Code, § 211; further statutory references are to the Penal Code unless noted otherwise.) He was acquitted of being a felon in possession of a firearm. (§ 12021, subd. (a).) The court found true allegations defendant suffered two prior serious felony convictions within the meaning of section 667, subdivis...
Views: 1
Opinion The County of Yuba (the County) appeals from a default judgment establishing paternity in respondent Jose George Savedra, but declining to order that respondent pay child support. In so holding, the Yuba County Family Court Commissioner (the trial court) ruled that “notwithstanding Welfare & Institutions Code section 11355(b)[,][1] evidence of. . . income must be presented before the prop...
Views: 1
Opinion Leon E. Campbell, Richard K. Livett and Robert J. Hill (collectively Campbell) appeal a judgment for Scripps Bank entered after the trial court granted its motion for summary judgment on the basis Campbell is collaterally estopped from prosecuting the action. Campbell contends the action is not barred by collateral estoppel; Scripps Bank should be equitably estopped from asserting...
Views: 1
93 Cal.Rptr.2d 644 (2000) 78 Cal.App.4th 1339 In re JASMINE D., a Person Coming Under the Juvenile Court Law. Alameda County Social Services Agency, Plaintiff and Respondent, v. Tammy D. et al., Defendants and Appellants. No. A086822. Court of Appeal, First District, Division Three. March 14, 2000. Rehearing Denied April 11, 2000. Review Denied June 14, 2000. *646 Mara Carman, Alameda, under appo...
Views: 0
Opinion Here we consider an issue that often arises when a juvenile dependency proceeding reaches the stage at which a permanent plan must be selected for an adoptable child. If a parent has maintained a good relationship with the child through visitation, is that a reason to select a plan less permanent than adoption? This court has interpreted a former statute governing permanency planning as r...
Views: 0
Opinion Introduction Plaintiffs, PMC, Inc., and Winkler Forming, Inc. (WFI), appeal from a summary judgment in favor of defendants Neil Kadisha, Benjamin Nazarian, Parviz Nazarian, and Pioneer Private Equity Fund LLC (Pioneer). The question presented is whether, as shareholders, officers and directors of a corporation, defendants can be held personally liable for misappropriation of ...
Views: 0
*1392 Opinion No less an authority on insurance law than John Alan Appleman declared 40 years ago that a liability insurer “ ‘is playing with fire’ ” when it refuses to disclose policy limits. Such a refusal “ ‘cuts off the possibility of receiving an offer within the policy limits’ ” by the company’s “ ‘refusal to open the door to reasonable negotiations.’ ” (See Johanek v...
Views: 1
Opinion In this appeal, appellant Roberta Rita Castro (hereafter Roberta or appellant) asserts that the trial court erred when it refused to appoint the director of the regional center for the developmentally disabled *1407 to evaluate her pursuant to Penal Code 1 section 1369; counsel rendered ineffective assistance; and erroneous rulings on evidentiary issues were made by the trial court....
Views: 0
I concur completely in the result reached by the majority and I concur in the reasoning of the majority opinion, except for the discussion entitled “The Court Did Not Err in Failing to Appoint Advisory Counsel’ for Garcia.” As to that portion of the opinion I concur only in the result. I am sympathetic with the concerns expressed by the majority regarding the circumstances in which advisory counse...
Views: 0
Opinion Plaintiff Inter Mountain Mortgage, Inc, appeals summary judgment entered in favor of defendants, Sam Sulimen and American Frontier Financial Group (American Frontier). This action arises from an alleged fraudulent loan transaction scheme perpetrated by one of defendants’ loan representatives, Paul Baskaron, against Inter Mountain Mortgage, the mortgage loan brokerage that processed the ...
Views: 0
*1446 Opinion In this case of first impression, we determine that a defendant’s prior felony convictions are admissible under Evidence Code 1 sections 1202 and 788 to attack his credibility when, at his own request, his exculpatory statement to the police is admitted into evidence, but he does not testify at trial. Jarrett Lamont Jacobs (appellant) was convicted by a jury of receiving sto...
Views: 0
Space

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up