Court Cases
| Most Popular Cases |  |
Cases with Faces | |
Cases by Type |  |
Cases by Reporter |  |
Cases by Year |  |
All Reporters → cal-rptr-2d → Volume 92
Opinions in cal-rptr-2d Volume 92
Opinion
I.
Introduction
In May 1997, after a trial, defendant John T. Williams, Jr., was committed to Atascadero State Hospital (ASH) for one year of involuntary treatment under the Mentally Disordered Prisoners Act (MDPA), Penal Code section 2960 et seq.
1
The MDPA requires a court to commence trial at least 30 days before a defendant is scheduled for release from...
Views: 1
92 Cal.Rptr.2d 20 (2000)
77 Cal.App.4th 799
In re ZACHARY G., a Person Coming Under the Juvenile Court Law.
San Diego County Health And Human Services Agency, Plaintiff and Respondent,
v.
Gala G., Defendant and Appellant.
No. D033567.
Court of Appeal, Fourth District, Division One.
December 20, 1999.
As Modified January 19, 2000.
Review Denied March 15, 2000.
*22 Kathleen M. Mallinger, under appo...
Views: 0
*803Opinion
Gala G. (Mother) filed a petition pursuant to Welfare and Institutions Code section 3881 (hereafter the section 388 petition), alleging changed circumstances and seeking to modify the order terminating reunification services for her child Zachary G. (Zachary). The court denied a hearing on the section 388 petition and thereafter terminated Mother’s parental rights at the section 366.2...
Views: 1
Page 29
*647Opinion
Defendants Bainbridge 17, a California limited partnership (Bainbridge), and Dorothy Burghart (Burghart) (together appellants) appeal a summary judgment in favor of plaintiff Community Facilities District No. 87-1 of the County of Riverside (CFD) on CFD’s amended complaint to foreclose liens of special taxes on two properties owned by Bainbridge, and in which Burghart owned an interes...
Views: 0
Opinion
Plaintiffs James and Melissa Kroupa (Kroupa) sued an automobile dealer, a lease broker and the ultimate lessor for fraud and violations of consumer protection laws in connection with Kroupa’s lease of a 1991 Ford pickup truck. Kroupa appeals from the judgment entered against them after a bench trial. The judgment included an award of $12,089.01 plus prejudgment interest on lessor’...
Views: 0
Opinion
I. Introduction
This is an appeal by a boy who was injured when a towrope attached to an inner tube in which he and another boy were riding, and which was being
*546
pulled by a boat owned and driven by respondent, broke and snapped back, hitting him in the eye. The trial court held that the case was covered by the primary assumption of risk doctrine articulated ...
Views: 0
Opinion This case, arising out of the 1977 death penalty law, is before us for the second time. In 1980, a jury found defendant guilty of two counts of *230 robbery (Pen. Code, § 211), 1 one count of attempted murder (§§ 187, 664), and one count of first degree murder (§ 187) with the special circumstance of murder in the commission of a robbery (former § 190.2, subd. (c)(3)(i)). The jury f...
Views: 3
92 Cal.Rptr.2d 70 (2000)
22 Cal.4th 245
991 P.2d 156
FAIRMONT INSURANCE COMPANY, Petitioner,
v.
The SUPERIOR COURT of Riverside County, Respondent;
Ken Stendell et al., Real Parties in Interest.
No. S074581.
Supreme Court of California.
January 27, 2000.
*71 Kinkle, Rodiger & Spriggs and Bruce E. Disenhouse, Riverside, for Petitioner.
No appearance for Respondent.
Retamal & Retamal and Se...
Views: 1
92 Cal.Rptr.2d 80 (2000)
22 Cal.4th 260
991 P.2d 165
The PEOPLE, Plaintiff and Appellant,
v.
Daniel William HATCH, Defendant and Respondent.
In re Daniel William Hatch, on Habeas Corpus.
No. S074630.
Supreme Court of California.
January 31, 2000.
*83 Gil Garcetti, District Attorney, George M. Palmer, Patrick D. Moran, Brent Riggs and Diana L. Summerhayes, Deputy District Attorneys, for Plaintiff ...
Views: 1
Opinion
The Regents of the University of California (Regents) appeal from a judgment directing a writ of mandate issue to compel them to provide a defense to Sergio C. Stone in a civil action against him. The Regents argue they did not act arbitrarily in refusing to defend Stone, the evidence did not support the judgment, and Stone had an adequate remedy at law. Stone moves to dismiss the...
Views: 0
92 Cal.Rptr.2d 103 (2000)
77 Cal.App.4th 1001
Marianne SAELZLER, Plaintiff and Appellant,
v.
ADVANCED GROUP 400 et al., Defendants and Respondents.
No. B125896.
Court of Appeal, Second District, Division Seven.
December 27, 1999.
As Modified on Denial of Rehearing January 26, 2000.
Review Granted March 29, 2000.
*104 Daniel B. Wolfberg, Santa Monica, for Plaintiff and Appellant.
Early, Maslach, P...
Views: 0
Opinion
The People of the State of California, the Central California Tristeza Eradication Agency and the Kern County Citrus Pest Control
*625
District (the People) brought an action for abatement of public nuisance against Sun Pacific Farming Co.; Wallich’s Ranch Co.; McFarland Ranch; Bob Reniers; South Star Ranch Co.; WCM Farm Co., Ltd.; The Corrotto Co., Inc.; Badger Farmi...
Views: 0
*752
Opinion
I. Introduction
Appellants filed suit on behalf of a putative class of automobile insurance customers against over 70 insurers, including respondents Allstate Indemnity Company (Allstate) and Farmers Insurance Exchange (Farmers), and Charles Quackenbush in his capacity as the Insurance Commissioner of the State of California. Appellants’ complaint alleged four c...
Views: 0
*893Opinion
Background of the Action
Richard A. Ruiz and his wife, Frances Gantong-Ruiz (hereinafter Ruiz and Gantong, respectively), were employed by the California Department of Corrections (Department). They filed suit against the Department and the Central California Women’s Facility (CCWF) for discrimination and harassment. The trial court entered a judgment on the pleadings against Ruiz for...
Views: 0
Opinion
I. Introduction
After entering a judgment in favor of respondents in this construction defect dispute, the trial court granted respondents’ request for prejudgment interest, expert fees, and attorney fees. Appellant Mountain Cascade, Inc. (Mountain Cascade) contends these postjudgment awards were error, arguing: (1) the trial court should have applied recent case law retroactively to bar ...
Views: 0
Opinion
This appeal involves a common situation. A person whose car is damaged by someone else’s negligence tenders a claim to her insurance company. The company pays off, but its policy does not cover all of the damages. Hence, the policyholder files a small claims action against the tortfeasor to recover uninsured losses.
After the policyholder in this case obtained a small claims ...
Views: 0
92 Cal.Rptr.2d 161 (2001)
77 Cal.App.4th 971
The PEOPLE, Plaintiff and Respondent,
v.
Michael Tony GALLARDO, Defendant and Appellant.
In re David Lopez, on Habeas Corpus.
The People, Plaintiff and Respondent,
v.
Hector Mora, Defendant and Appellant.
Nos. A087149, A088030, A088200.
Court of Appeal, First District, Division Four.
January 25, 2000.
As Modified February 10, 2000.
As Modified on Denia...
Views: 2
92 Cal.Rptr.2d 174 (2001)
77 Cal.App.4th 916
DART INDUSTRIES, INC., Plaintiff and Respondent,
v.
COMMERCIAL UNION INSURANCE COMPANY, Defendant and Appellant.
No. B129601.
Court of Appeal, Second District, Division One.
January 25, 2000.
Review Granted May 24, 2000.
*175 Selman Breitman, Neil H. Selman, Jeffrey C. Segal, Los Angeles, and Lynette Klawon, for Defendant and Appellant.
Luce, Forward, ...
Views: 0
Opinion
Petitioner Jennifer L. Haywood sought a writ directing the family court to vacate its order dismissing her marital dissolution action and directing the trial court to exercise exclusive jurisdiction over the issue of child custody. The family court subsequently vacated the dismissal order and asserted jurisdiction over child custody, but did not determine whether the orders of a M...
Views: 0
Opinion
Appellants Vartanush Yergan and Ardem Vartanian appeal from the trial court’s judgment in favor of respondent the Department of Real Estate (Department) on their claim for entitlement to payment under the Real Estate Recovery Program (Bus. & Prof. Code, § 10470 et seq.).1 The Department denied appellant’s claim, and the trial court concurred, on the ground that the underlying judgment obt...
Views: 0
*993
Opinion
The trial court sustained the demurrer of defendant Redevelopment Agency of the City of Bar stow (Redevelopment Agency) to plaintiff’s first amended complaint without leave to amend and ordered the action dismissed. Plaintiff appeals.
Standard of Review
“Where a trial court sustains a demurrer without leave to amend, we review such action under the abuse of...
Views: 0
Opinion
Elias Sanchez Madrigal unsuccessfully appeals from the judgment entered after the trial court revoked probation and sentenced him to five years in state prison for selling cocaine. (Health & Saf. Code, § 11352, subd. (a).) He contends that the probation department violated his speedy trial rights because it did not locate him in federal prison and timely initiate *1052a probation revocati...
Views: 0
Opinion
1.
Introduction
Defendant Mark Anthony Hoover appeals from a judgment against him for enhanced aggravated assault under circumstances involving domestic
*1024
violence. (Pen. Code, §§ 245, subd. (a) (1), 12022.7, subd. (d).) Defendant was sentenced to a total prison term of 21 years.
The California Supreme Court granted review of the original publish...
Views: 0
Opinion American Surety Insurance Co. (Surety) appeals from the trial court’s order denying its motion to vacate forfeiture and exonerate the bail it posted for Alan Rodriguez Quintero. (Pen. Code, § 1305.) 1 The bail was forfeited when Quintero, who was deported to Mexico by federal immigration authorities, did not appear at his preliminary hearing. Surety contends the order of forfeiture sh...
Views: 2
92 Cal.Rptr.2d 220 (2000)
77 Cal.App.4th 1032
The PEOPLE, Plaintiff and Respondent,
v.
David Victor ZARAGOZA, Defendant and Appellant.
No. B128936.
Court of Appeal, Second District, Division Five.
January 27, 2000.
Rehearing Denied February 28, 2000.
Review Denied May 10, 2000.[**]
*221 Edward H. Schulman, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lo...
Views: 0
Opinion Here we hold that a defendant who has been denied expungement of his conviction by an amendment to the Penal Code 1 enacted after he pled guilty has not been subjected to an ex post facto law; nor does the application of the amendment violate section 3; nor has he been denied due process, equal protection or the benefit of his plea bargain. We affirm. Facts On February 26, 1993, G...
Views: 0
Opinion Following a jurisdictional hearing, the juvenile court sustained three counts of a Welfare and Institutions Code section 602 amended petition. The sustained counts included count I, assault with a deadly or dangerous weapon with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)), with a great bodily injury enhancement; count II, battery with serious bodily injury ...
Views: 0
Opinion A jury convicted defendant David Michael Rodriguez of first degree burglary. The issues on appeal are: whether a burglary of a home office that, among its features, shares a roof and a common wall with the residence constitutes first degree burglary, and whether the court adequately instructed the jury. We affirm. Procedural Background On June 16, 1998, the District Attorney for Mad...
Views: 0
92 Cal.Rptr.2d 256 (2000)
991 P.2d 755
Marilyn MERRILL et al., Appellants,
v.
NAVEGAR, INC, Respondent.
No. S083466.
Supreme Court of California.
January 19, 2000.
Respondent's petition for review GRANTED.
GEORGE, C.J., KENNARD, BAXTER, WERDEGAR, CHIN, and BROWN, JJ., concur.
...
Views: 0
Opinion This appeal presents the principal question of whether the due process clause entitles a public employee to a predeprivation hearing before he is demoted in lieu of layoff. We conclude that such a hearing is not required and that a postdemotion hearing is sufficient. Background On March 12, 1990, plaintiff Robert Duncan went to work for the California Department of Insurance (DOI) i...
Views: 0
Opinion A homeowners association challenged in court the approval of a car wash project proposed by a corporation, to be located in a shopping center bordered by residential neighborhoods. The homeowners *882 association claimed the California Environmental Quality Act (CEQA) required the City of Fresno to prepare an environmental impact report (EIR) before approving the project. The trial co...
Views: 0
Opinion
This case involves a dispute between a church, respondent Korean Philadelphia Presbyterian Church (the Church), and the organizations above it in its religious hierarchy. We are called on to decide whether the trial court abused its discretion in granting a preliminary injunction requested by the Church which prohibits the California Presbytery (the Presbytery) and one of its employees, “...
Views: 1
Opinion The workers’ compensation system is designed to assure benefits to injured workers without the need to resort to a lawsuit. Procedural informality that would make the civil practitioner shudder is normal. But even a “flexible” system must have structure. Here, the Workers’ Compensation Appeals Board (Board) deprived a party of the benefits of a stipulation. We annul the Board’s decision...
Views: 0
Opinion
I. Introduction
The trial court granted summary judgment in this “conclusive presumption” and “standing” paternity case even though the plaintiff had lived with the mother (a woman married to someone else), raised the child as his own for the first year of the child’s life, and continued to visit the child after he and the mother broke up. For the trial court, the facts that ...
Views: 1
92 Cal.Rptr.2d 313 (2000)
77 Cal.App.4th 1185
Clarence Lasalle ROSE, Petitioner,
v.
The SUPERIOR COURT of Los Angeles County, Respondent.
The People, Real Party in Interest.
No. B134032.
Court of Appeal, Second District, Division Six.
January 28, 2000.
Rehearing Granted February 24, 2000.
*316 Peter Gold, under appointment by the Court of Appeal, San Francisco, for Petitioner.
County of Los Angel...
Views: 0
*1228
Opinion
I
Introduction
Code of Civil Procedure section 473, subdivision (b)
1
provides mandatory relief from default or dismissal on the basis of an attorney’s affidavit of fault “unless the court finds that the default or dismissal was not in fact
caused
by the attorney’s mistake, inadvertence, surprise, or neglect.” (Italics added.) The iss...
Views: 0
Opinion Cano Garcia was charged with burglary. During his trial, it somehow became known that two members of the jury venire were lesbians. In fact, they both worked for the same gay and lesbian foundation. After the prosecution excused both women, defense counsel made a Wheeler motion. 1 There was a discussion at the bench, and the trial court denied the motion, explaining, “Well, I am goi...
Views: 0
92 Cal.Rptr.2d 349 (2000)
77 Cal.App.4th 1265
In re RICARDO A., a Person Coming Under the Juvenile Court Law.
The People, Plaintiff and Respondent,
v.
Ricardo A., Defendant and Appellant.
No. B133005.
Court of Appeal, Second District, Division Six.
January 31, 2000.
Review Denied May 17, 2000.[*]
California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff A...
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
92 Cal.Rptr.2d 416 (2000)
77 Cal.App.4th 1297
The PEOPLE, Plaintiff and Respondent,
v.
Tye John ENGELMAN, Defendant and Appellant.
No. D032699.
Court of Appeal, Fourth District, Division One.
February 1, 2000.
Review Granted April 26, 2000.
Kyle Marie Wesendorf, under appointment by the Court of Appeal, Solana Beach, for Defendant and Appellant.
*417 Bill Lockyer, Attorney General, David P. Druli...
Views: 0
Opinion
The City and County of San Francisco (City) brought this action against Remberto and Lourdes Sainez, the owners of multi-unit rental property at 387-391 South Van Ness Avenue, for nuisance abatement and other relief, including civil penalties for violations of the San Francisco Housing Code and San Francisco Building Code (hereafter Housing Code
*1306
and Building Cod...
Views: 0
*1328
Opinion
I.
Introduction
Appellant Antoine Maurice Brown was convicted by jury of numerous offenses resulting from his violent assault on his girlfriend during a domestic dispute.
1
Brown noticed this appeal after being sentenced to 23 years in state prison as a “second strike” offender under California’s “Three Strikes” law (Pen. Code, § 667, subds. (b)...
Views: 0
Opinion
The primary issue presented by this appeal is whether insurers that have issued commercial general liability (CGL) policies to subcontractors, including completed operations coverage as to projects completed
*1345
before their inception, owe a duty to defend the additionally insured general contractor in third party litigation asserting its vicarious liability for the...
Views: 0
Opinion This is an action for medical malpractice, brought on behalf of Mateen Mossanen, a minor. The minor’s mother, Elizabeth Mossanen, acted as his guardian ad litem, and also sued in her individual capacity. The trial court granted a motion to withdraw by counsel for plaintiffs. While plaintiffs were attempting to retain new counsel, the defendants, Amir H. Monfared and his medical corporat...
Views: 0
Opinion
Labor Code section 4558 (section 4558) provides an exception to the exclusivity of the workers’ compensation system for workers injured as a result of the employer’s knowingly having removed or failed to install a point of operation guard on a “power press,” defined in subdivision (a)(4) of the statute as “any material-forming machine that utilizes a die which is designed for use in the m...
Views: 0
Opinion
A roofing consultant gives bad advice to a homeowners association about reroofing materials..The homeowners association sues the consultant. The consultant tenders defense under his commercial general liability policy, and the insurer refuses to defend. The consultant settles with the homeowners association and sues his insurer for breach of contract and bad faith. The court grants summar...
Views: 2
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
92 Cal.Rptr.2d 497 (2000)
77 Cal.App.4th 1123
The PEOPLE, Plaintiff and Respondent,
v.
Felix D. HIGHTOWER, Defendant and Appellant.
No. A081424.
Court of Appeal, First District. Division 4.
January 28, 2000.
As Modified February 8, 2000.
Review Granted May 10, 2000.
*500 David Y. Stanley, Truckee, under appointment by the Court of Appeal, for Appellant.
Bill Lockyer, Atty. Gen., David P. Druliner...
Views: 0
*1446
Opinion
Insureds, facing suit for malicious prosecution, turned to their insurer for a defense, having years before instructed the insurer’s agent to duplicate the. coverage of a policy containing that protection. When the defense was denied, because the coverage was not in the policy that was issued and later renewed, the insureds sued. Insureds produced evidence that the ...
Views: 1
Opinion
Michelle Y. Maides and Scott D. Maides appeal a summary judgment in favor of Ralphs Grocery Company. As a matter of first impression in this case where the Maideses filed a notice of intent to move to vacate
before
judgment was entered, we hold the 60-day period within which an appeal must ordinarily be brought (Cal. Rules of Court,
2
rule 2(a)) cannot be sho...
Views: 0
Concurring and Dissenting.—This opinion addresses an application for relief from default for failure to obtain a Penal Code section 1237.5 (hereafter section 1237.5) certificate of probable cause. I agree with the majority that a section 1237.5 certificate is required for appellate review of the issue appellant seeks to raise—the trial court’s denial of his motion to dismiss a prior conviction all...
Views: 0
92 Cal.Rptr.2d 560 (2000)
77 Cal.App.4th 1371
Bruce SWEATMAN III, Plaintiff and Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS, Defendant and Respondent.
No. E022817.
Court of Appeal, Fourth District, Division Two.
February 4, 2000.
Review Granted May 10, 2000.
*561 Law Offices of Robert K. Scott and D. Scott Mohney, Newport Beach, for Plaintiff and Appellant.
Arnulfo Hernandez, Jr., Elizabeth C. W...
Views: 0
92 Cal.Rptr.2d 566 (2000)
77 Cal.App.4th 1424
Trent SHIPMAN, Plaintiff and Appellant,
v.
BOETHING TREELAND FARMS, INC., et al., Defendants, Cross-complainants and Respondents,
Roberto Tamayo Martinez, Defendant, Cross-Complainant and Appellant.
No. B126426.
Court of Appeal, Second District, Division Six.
February 7, 2000.
As Modified March 2, 2000.
Review Denied May 17, 2000.[*]
*567 Sherman, Sal...
Views: 5
Opinion
Plaintiff, a trespasser, drives his all-terrain vehicle (ATV) on private property owned by defendants. His vehicle collides with one driven by defendants’ employee. Plaintiff’s cause of action against defendants alleges, among other things, negligent operation of a motor vehicle and premises liability.
Here we conclude that the immunity provisions of Civil Code section 846 apply to defend...
Views: 0
Opinion
Defendant is charged with drug offenses. Pursuant to Evidence Code section 1101, subdivision (b), the People move to introduce evidence of a prior uncharged drug arrest to show knowledge of drugs. Should evidence of the prior offense be suppressed under Penal Code section 1538.5?
No. Absent a connection between the instant offense and the prior arrest, defendant may not seek ...
Views: 0
Opinion
In this action against defendants and respondents Home Savings of America F.S.B. (Home) and Serrano Reconveyance Company (Serrano), the plaintiff and appellant, Sam Ostayan, seeks reversal of a summary judgment entered against him on his seven-count first amended complaint. Claiming that he had been misled into purchasing a parcel of income property at a trust deed foreclosure sal...
Views: 0
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 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 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
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
*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
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 641 (2000)
992 P.2d 569
22 Cal. 4th 290
The PEOPLE, Plaintiff and Respondent,
v.
George R. HESTER, Defendant and Appellant.
In re George R. Hester on Habeas Corpus.
No. S077187.
Supreme Court of California.
February 17, 2000.
Rehearing Denied April 12, 2000.
*643 Dallas Sacher, under appointment by the Supreme Court, Santa Clara, for Defendant and Appellant.
Daniel E. Lungren and...
Views: 1
Page 648
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 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
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
Page 682
*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
Page 687
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
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
*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
Page 723
*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
Page 727
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
Page 727
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
92 Cal. Rptr. 2d 734 (2000)
22 Cal. 4th 304
992 P.2d 1102
The PEOPLE, Plaintiff and Respondent,
v.
Arthur K. SNYDER et al., Defendants and Appellants.
No. S073982.
Supreme Court of California.
February 24, 2000.
*735 Law Offices of Dennis A. Fischer, Dennis A. Fischer, Santa Monica; Geragos & Geragos and Mark J. Geragos, Los Angeles, for Defendants and Appellants.
Daniel E. Lungren and Bill L...
Views: 1
92 Cal. Rptr. 2d 741 (2000)
22 Cal. 4th 300
992 P.2d 1109
The PEOPLE, Plaintiff and Respondent,
v.
Eldon Dee TILLMAN, Defendant and Appellant.
No. S077360.
Supreme Court of California.
February 24, 2000.
*742 Suzan E. Hier and Richard Lennon, Los Angeles, under appointments by the Supreme Court, and Leonard J. Klaif, Ojai, under appointment by the Court of Appeal, for Defendant and Appellant.
Dan...
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
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
*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
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
Page 771
92 Cal.Rptr.2d 771 (2000)
77 Cal.App.4th 1284
The PEOPLE, Plaintiff and Respondent,
v.
James Allen MAR, Defendant and Appellant.
No. F028945.
Court of Appeal, Fifth District.
February 1, 2000.
As Modified on Denial of Rehearing February 22, 2000.
Review Granted June 2, 2000.
*773 Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant.
Daniel E. Lungren and Bill Lock...
Views: 0
Page 781
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
Page 781
*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
Page 815
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
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
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
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 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 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
 | |
