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All Reporters → cal-rptr-3d → Volume 205
Opinions in cal-rptr-3d Volume 205
Filed 7/19/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
COMMUNITIES FOR A BETTER
ENVIRONMENT et al.,
Plaintiffs and Appellants, A143634
v. ...
Views: 0
Filed 6/21/16 Flintco Pacific v. TEC Management Consultants CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published f...
Views: 0
Filed 7/20/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
In re J.E., a Person Coming Under the
Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v. ...
Views: 0
Filed 7/1/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
PANOCHE ENERGY CENTER, LLC,
Plaintiff and Respondent,
A140000
v.
PACIFIC GAS AND ELECTRIC ...
Views: 0
Filed 7/8/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
ERNEST J. FRANCESCHI, JR., B267719
Plaintiff and Appellant, (Los Angeles County
...
Views: 0
Filed 7/11/16
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D069050
Plaintiff and Respondent,
v. (Super. Ct. No. SCN183440...
Views: 0
The above entitled matter is transferred to the Court of Appeal, Fourth Appellate District, Division Three, with directions to vacate its decision and to reconsider the cause in light of People v. Morales (2016) 63 Cal.4th 399, 203 Cal.Rptr.3d 130, 371 P.3d 592. (Cal. Rules of Court, rule 8.528(d).)...
Views: 0
The above entitled matter is transferred to the Court of Appeal, Fourth Appellate District, Division Two, with directions to vacate its decision and to reconsider the cause in light of People v. Morales (2016) 63 Cal.4th 399, 203 Cal.Rptr.3d 130, 371 P.3d 592. (Cal. Rules of Court, rule 8.528(d).)...
Views: 0
The People's petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Canizales, S221958 (see Cal. Rules of Court, rule 8.512(d)(2) ), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court. Defen...
Views: 0
The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in Baral v. Schnitt, S225090. (see Cal. Rules of Court, rule 8.512(d)(2) ), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court....
Views: 0
Page 95
The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in Kirchner on Habeas Corpus , S233508 (see Cal. Rules of Court, rule 8.512(d)(2) ), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court....
Views: 0
Filed 5/13/16 Yolo County Dept. of Child Support Services v. Myers CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered publi...
Views: 0
Filed 7/1416 Opn filed after rehearing
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
JANICE H., B256913
Plaintiff and Respondent, ...
Views: 0
Filed 7/19/16
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
U.S. BANK NATIONAL ASSOCIATION
AS TRUSTEE FOR WAMU MORTGAGE
PASS-THROUGH CERTIFICATES A142994
SERIES 2007-HY6 TRUST,
P...
Views: 0
Filed 7/19/16 (reposting to provide correct publication information)
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
CITY OF EUREKA,
Plaintiff and Appellant, ...
Views: 1
Filed 7/19/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, B264614
Plaintiff and Respondent, (Los Angeles County
...
Views: 0
Filed 7/21/16
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, 2d Crim. No. B256043
(Supe...
Views: 0
Filed 7/21/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
STEVEN WALTERS et al., 2d Civil No. B258638
(Super. Ct. ...
Views: 0
Filed 7/21/16
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D069936
Plaintiff and Respondent,
v. (Super. Ct. No. SWF120030...
Views: 0
Filed 7/21/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
CITY OF SAN JOSE, H042481
(Santa Clara County
Plaintiff, Cross-defendant, and Super. Ct. No. CV272374)
...
Views: 0
Filed 7/22/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Amador)
----
ERNEST L. COX, C080870
...
Views: 0
Filed 7/22/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
JIM DALE DAVIS,
Petitioner, E063943
v. (Super.Ct.No. IRC22535)
THE SU...
Views: 0
Filed 7/25/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE,
Petitioner,
v. G052932
THE SUPERIOR COURT OF ORANGE ...
Views: 0
Filed 7/26/16
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE,
F069487
Plaintiff and Respondent,
(Super. Ct....
Views: 0
Filed 7/26/16
OPINION ON REHEARING
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D068384
Plaintiff and Respondent,
v. ...
Views: 0
Filed 7/27/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
REGINALD MITCHELL, B265769
Plaintiff and Appellant, (Los Angeles County
...
Views: 0
Opinion
Defendants Lydda Lud, LLC (Lydda Lud), and Coldwater Development LLC (Coldwater) appeal from a judgment declaring a public trail easement was established by public dedication through defendants’ property for hiking, jogging, and dog walking. Defendants contend the trial court erred in finding a public dedication of such an easement. We conclude no substantial evidence supports the court’s...
Views: 0
Filed 7/27/16
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
JAMS, INC., et al., D069862
Petitioners, (San Diego County
...
Views: 0
Filed 7/27/2016
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, 2d Crim. No. B262455
(Super. Ct....
Views: 0
Filed 7/28/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent,
A145922
v.
LATISHA CURRY, ...
Views: 0
Filed 7/28/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
HEIDI S., B263933
Plaintiff and Appellant, (Los Angeles County
...
Views: 0
Filed 7/28/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
NO TOXIC AIR, INC., H040047
Plaintiff and Respondent,
(Santa Clara County
v. Super. ...
Views: 0
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...
Views: 2
Filed 8/1/16
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S139103
v. )
)
BAILEY LAMAR JACKSON, )
...
Views: 0
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, ...
Views: 1
Filed 8/4/16
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S215914
v. )
) Ct.App. 6 H039330
JEFFREY MICHAEL MORAN, ...
Views: 0
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., ...
Views: 7
Page 517
Dismissed and remanded to CA 2/7.In light of the decision in Montgomery v. Louisiana (2016) --- U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599, review in the above-entitled matter is dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
Views: 0
**639Dismissed and remanded to CA 6.**640In light of the decision in Montgomery v. Louisiana (2016) ---U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599, review in the above-entitled matter is dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
Views: 0
Filed 8/11/16
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S130659
v. )
)
CRAIGEN LEWIS ARMSTRONG, )
...
Views: 0
Filed 8/11/16
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S179181
v. )
) Riverside County
MICHAEL RAY BURGENER, ...
Views: 0
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...
Views: 0
Filed 8/5/16 (unmodified opn. attached)
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE, B260774
Plaintiff and Respondent, ...
Views: 1
Filed 7/22/16
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
MARIA DELALUZ SANTOS, D067929
Plaintiff and Respondent,
v. (Super. Ct. No...
Views: 0
Filed 7/27/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE,
Plaintiff and Respondent,
A142012
v.
THOMAS EARL PUTNEY, ...
Views: 0
Filed 7/28/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, H041573
Plaintiff and Respondent,
v. (Santa Clara County
...
Views: 0
Filed 8/1/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
JOHN J. SCHMIDT, 2d Civil No. B260643
(S...
Views: 3
Filed 7/29/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE, B259918
Plaintiff and Respondent, (Los Angeles County
...
Views: 0
Alexander P. (minor), then three years old, became the subject of a dependency petition after his stepfather, Donald Q. (Donald) assaulted his mother, appellant Heidi S. (Mother), in the minor's presence. At the time of the filing of the dependency petition, the minor's paternity was the subject of competing motions filed in a family court action by two other men, appellants Michael P. (Michael) a...
Views: 0
Filed 7/28/16
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
REBECCA OSBORNE, B262043
Plaintiff and Appellant, (Super. Ct. No. BC527112)
...
Views: 0
Filed 7/29/16
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
----
THE PEOPLE, C077269
...
Views: 0
Filed 7/29/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
MOSHE YHUDAI, B262509
Plaintiff and Appellant, (Los Angeles County
...
Views: 0
Filed 7/29/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
----
UN HUI NAM, C074796
...
Views: 1
Filed 7/29/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
ROBERT FINDLETON,
Plaintiff and Appellant,
A142560
v.
COYOTE VALLEY BAND OF POMO ...
Views: 0
Filed 8/3/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
GERARDO ALDANA, 2d Civil No. B259538
(Super. Ct...
Views: 0
Filed 7/12/16 The Kind and Compassionate v. City of Long Beach CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered publishe...
Views: 1
Filed 7/15/16; pub. & mod. order 8/8/16 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
PAUL CRUZ et al., B265690
Plaintiffs and Appellants, (Los Angeles County...
Views: 0
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...
Views: 0
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,...
Views: 0
Filed 8/10/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
LIDIA C. BORRAYO,
Plaintiff and Appellant,
A143765
v.
G. JAMES AVERY, ...
Views: 0
Filed 8/11/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
TRUCK INSURANCE EXCHANGE, B268231
Petitioner, (W.C.A.B. No. ADJ8464986)
v.
WORKERS' COMPEN...
Views: 0
Filed 8/11/16
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D069893
Plaintiff and Appellant, (Super. Ct. No. CA264780)
v.
KYLE WARREN VANVLEC...
Views: 0
Filed 8/11/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
STANISLAUS COUNTY DEPUTY SHERIFFS‘
ASSOCIATION, F071257
Petitioner and Appellant, (Super. Ct. No. 20018...
Views: 0
Filed 8/12/16
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
SUSAN CHRIST et al., D068579
Plaintiffs and Appellants,
v. (Super. Ct. No. 37-2...
Views: 0
No opinion found....
Views: 0
Filed 8/12/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Appellant, E063687
v. (Super.Ct.No. RIF1303009)
WILLIE ABARCA,...
Views: 0
Filed 8/12/16
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
SCOTT WALTERS, as Administrator, etc., D069255
Plaintiff and Appellant,
v. (Super. Ct. No....
Views: 0
Filed 8/12/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
FRIENDS OF THE WILLOW GLEN H041563
TRESTLE, (Santa Clara County
Super. Ct. No....
Views: 0
Filed 08/11/16
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
KEVIN A. COLES,
Plaintiff and Respondent,
A145642
v.
BARNEY G. GLASER et al., ...
Views: 0
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