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All Reporterscal-rptr-3d → Volume 212

Opinions in cal-rptr-3d Volume 212

Filed 12/13/16; on remand CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ---- MARIA MENDOZA, C071882 ...
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Filed 11/22/16 Certified for publication 12/14/16 (order attached) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA BEACH BREAK EQUITIES, LLC, D069313 Plaintiff and Respondent, v. MARTIN LOWELL, ...
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Filed 12/7/16; pub. order 12/16/16 (see end of opn.) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA SAN DIEGANS FOR OPEN D069922 GOVERNMENT et al., Plaintiffs and Appellants, ...
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Filed 11/21/16 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA MEDICAL MARIJUANA, INC., et al., D068523 Plaintiffs and Respondents, v. (Super. Ct. No. 3...
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Opinion Rafael Madrigal appeals from the judgment upholding the decision of the California Victim Compensation and Government Claims Board (Board) to deny Madrigal compensation for wrongful imprisonment *1111after the Board found that Madrigal had not proven he was factually innocent of attempted murder. We hold that the Board erred when it refused to be bound by the findings in a federal distric...
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Filed 12/20/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE DUAL DIAGNOSIS TREATMENT CENTER, INC., G053046 Plaintiff and Respondent, ...
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*1165Opinion Codefendants Juan Ramon Meraz, Juan M. Chambasis, and Victor Bibiano separately appeal their convictions and sentences for murder, attempted murder, and discharging a firearm at an inhabited dwelling following a gang-related shooting that killed two victims and seriously injured a third. We previously affirmed the judgments with certain corrections to their sentences. Our high court ...
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Filed 12/21/16 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE CHRISTINA M. SAGONOWSKY, Plaintiff and Appellant, A142866/A143234 v. ...
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Filed 12/29/16 IN THE SUPREME COURT OF CALIFORNIA LOS ANGELES COUNTY BOARD ) OF SUPERVISORS et al., ) ) Petitioners, ) ) S226645 v. ) ) Ct.App. ...
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Filed 1/5/17 IN THE SUPREME COURT OF CALIFORNIA PATRICIA J. BARRY, ) ) Plaintiff and Appellant, ) ) S214058 v. ) ) Ct.App. 2/2 B242054 THE STATE BAR OF CALIF...
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Petition for review granted....
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The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Chaney, S223676, and People v. Valencia, S223825 (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 orde...
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The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Contreras, S224564 (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....
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*135Dismissed and remanded to CA 4/2. Review in the above-captioned matter, which was granted and held for Harris v. Superior Court (2016) 1 Cal.5th 984, 209 Cal.Rptr.3d 584, 383 P.3d 648, is hereby dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
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The petitions for review are 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....
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**797Dismissed and remanded to CA 4/2. Review in the above-captioned matter, which was granted and held for Harris v. Superior Court (2016) 1 Cal.5th 984, 209 Cal.Rptr.3d 584, 383 P.3d 648, is hereby dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
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Dismissed and remanded to CA 6. Review in the above-captioned matter, which was granted and held for Harris v. Superior Court (2016) 1 Cal.5th 984, 209 Cal.Rptr.3d 584, 383 P.3d 648, is hereby dismissed....
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Dismissed and remanded to CA 2/1. Review in the above-captioned matter, which was granted and held for Harris v. Superior Court (2016) 1 Cal.5th 984, 209 Cal.Rptr.3d 584, 383 P.3d 648, is hereby dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
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Filed 12/15/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT GENOVEVO GONZALES, et al., F070832 Plaintiffs and Respondents, (Super. Ct....
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Filed 12/15/16 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR JASON EVERETT THOMPSON et al., Plaintiffs, Cross-defendants and Respondents, A140096 v. DEAN ASIMOS, ...
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Filed 12/16/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX Conservatorship of the Person 2d Civil No. B270310 of B.C. (Super. Ct. No. 56-2014- 00452252-PR-CP-OXN) ...
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Filed 12/20/16 CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E064318 v. (Super.Ct.No. FMB1400074) KYLE W...
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Filed 11/22/16 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE GARY KASE et al., Plaintiffs and Appellants, A143590 v. METALCLAD INSULATION ...
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Filed 11/30/16 Certified for Publication (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE NEWPORT HARBOR VENTURES, LLC, et al., G052660 Plaintiffs and Respondents, ...
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Filed 12/27/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE NAVIGATORS SPECIALTY INSURANCE COMPANY, G050759 Plaintiff and Respondent, ...
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Filed 12/28/16 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA COUNTY OF SAN DIEGO et al., D068657 Plaintiffs and Appellants, v. (Super. Ct. No....
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Filed 12/28/16 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA TONY TAITANO SAN NICOLAS, D069769 Plaintiff and Appellant, v. (Super. Ct. No. 37...
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Filed 12/27/16 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE JULIE FLORES, Plaintiff and Respondent, G052410 v. ...
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Filed 12/29/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT NEESHAT S. KHAN, H041608 (Santa Clara County Plaintiff, Cross-Defendant and Super. Ct. No. CV232004) ...
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Filed 12/5/16; on rehearing CERTIFIED FOR PUBLICATION OPINION ON REHEARING COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA 569 EAST COUNTY BOULEVARD LLC et D068538 al., Plaintiffs and Res...
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Filed 12/30/16 (opinion on rehearing) CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D068582 Plaintiff and Respondent, v. ...
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Filed 12/29/16 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F070141 & F070169 Plaintiff and Respondent, (Super...
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Opinion I. INTRODUCTION The trial courts in these consolidated appeals applied defendants’ custody credits to the total fines imposed, which included base fines and penalty assessments, rather than solely to the base fines. This resulted in defendants owing greater amounts, and requiring they spend more time in custody and perform more community service, to satisfy their fines than if the courts ...
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Opinion Plaintiff North 7th Street Associates appeals the unlawful detainer summary judgment entered in favor of defendant Guillermo Constante. Plaintiffs principal contention is that it was entitled to recover possession of the premises, even though it could not be awarded past-due rent because the premises did not have the required permits or certificate of occupancy. We affirm the judgment for ...
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Filed 1/19/17 IN THE SUPREME COURT OF CALIFORNIA BERTHE FELICITE KABRAN, ) ) Plaintiff and Respondent, ) ) S227393 v. ) ) Ct.App. 4/1 D064133 SHARP MEMORIAL HOSPITA...
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Filed 1/19/17 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S228049 v. ) ) Ct.App. 4/1 D060969 BILLY CHARLES WHITE, ...
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Filed 1/23/17 IN THE SUPREME COURT OF CALIFORNIA ASSOCIATION OF CALIFORNIA ) INSURANCE COMPANIES et al., ) ) Plaintiffs and Respondents, ) ) S226529 v. ) ) ...
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Filed 12/30/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE CITY OF LOS ANGELES, B261246 Plaintiff and Appellant, (Los Angeles County v. Super. Ct. No. BS14814...
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Filed 5/10/16 CERTIFIED FOR PUBLICATION SEE CONCURRING OPINION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE CARLOS McCLATCHY, Plaintiff and Appellant, ...
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Filed 12/29/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO In re DAVID PEREZ A145279 & A148392 on Habeas Corpus. (So...
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Filed 12/30/16 CERTIFIED FOR PUBLICATION THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE CAL FIRE LOCAL 2881 et al., Petitioners and Appellants, v. A142793 CALIFORNIA PUBLIC EMPLOYEES...
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Filed 12/7/16; pub. order 1/3/17 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO MARTINA HERNANDEZ, Plaintiff and Respondent, E064026 v. (Super.Ct.No. RIC...
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Filed 1/5/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA CAPE CONCORD HOMEOWNERS D069620 ASSOCIATION, Plaintiff and Appellant, (...
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Filed 1/5/17 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO GABRIEL HERNANDEZ, Plaintiff and Respondent, E063721 v. (Super.Ct.No. CIVDS13125...
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Filed 12/9/16; pub. order 1/5/17 (see end of opn.) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA PAMELA SILVA, D068136 Plaintiff and Appellant, v. ...
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Filed 1/9/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO DON L. MATHEWS et al., B265990 Plaintiffs and Appellants, (Los Angeles County ...
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Filed 1/9/17. CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, G052436 v. (Super. Ct. No....
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Filed 1/9/17 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff and Respondent, A145868 v. JAMES DAVID EPPERSON, ...
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Filed 12/19/16; pub. order 1/10/16 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE HEALTHSMART PACIFIC, INC. B264300 et al., (Los Angeles County Plaintiffs and Appe...
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*729This acrimonious family squabble erupted over the property of the deceased patriarch and spilled over into the courts. The patriarch-settlor appointed defendant Melissa P. Reynoso (a granddaughter of the settlor) as trustee. In this proceeding, the trial court determined Reynoso was the most reliable and credible of the family members. The trial court found that other family members were not c...
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Review is ordered on the court's own motion. The issue to be briefed and argued is limited to the following issue: Did Montgomery v. Louisiana (2016) 577 U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599, clarify that Miller v. Alabama (2012) 567 U.S. ----, 132 S.Ct. 2455, 183 L.Ed.2d 407 (Miller ) bans a sentence of life without the possibility of parole on a specific class of juvenile offenders whose cr...
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Petition for review granted....
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The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Buycks, S231765 (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....
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Filed 1/5/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, A145450 v. EDWARD ROBERT STARSKI et al., ...
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Filed 1/10/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ---- THE PEOPLE ex rel. VERN PIERSON, as C081603 District Attorney, etc....
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Filed 1/10/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE In re ANTHONY MAURICE COOK, JR. G050907 on Habeas Corpus. (Super. Ct. No. WHCSS...
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Filed 1/11/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ANNA M., B267004 Petitioner and Respondent, (Los Angeles County Super. Ct. No. BF029513) v. JEFFREY E., Defendan...
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Opinion Defendant M.E appeals from the juvenile court’s disposition order declaring him a ward of the court pursuant to Welfare and Institutions Code1 section 602, committing him to a residential program, and setting probation conditions. He contends that the court erred by (1) admitting cumulative and prejudicial testimony and exhibits at the disposition hearing; (2) committing him to a 480-day r...
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Filed 1/12/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT SWART ENTERPRISES, INC., F070922 Plaintiff and Respondent, (Super. Ct. No. 13CEC...
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Filed 1/13/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA LETICIA BARENO, D069381 Plaintiff and Appellant, v. (Super. Ct. No. 37-20...
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Filed 1/13/17; on transfer from Supreme Court CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff and Respondent, ...
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Filed 1/13/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff and Respondent, A146431 v. FRANKLIN BASTIDAS, ...
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Filed 1/17/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE THE PEOPLE, B259659 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA414878) v. JAR...
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Filed 1/17/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- THE PEOPLE, C075294 Pl...
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Filed 1/17/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D069515 Plaintiff and Respondent, v. (Super. Ct. No. SCD206194...
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Opinion Petitioner N.S. is a nonminor dependent of the juvenile court. At a hearing held after real party in interest Alameda County Social Services Agency (the Agency) recommended that N.S.’s dependency be dismissed, the Agency sought to have her psychotherapist testify as to confidential communications. The trial court overruled N.S.’s objection, ruling she had waived the psychotherapist-patien...
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Filed 1/19/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE In re JOSHUA R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, G052965 Plain...
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Filed 1/20/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO In re M.R. et al., Persons Coming Under the Juvenile Court Law. SAN BERNARDINO COUNTY CHILDREN AND FAMILY SERVICES, E064621 P...
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Opinion Siblings Yolanda L. and Javier L. were declared dependent children pursuant to Welfare and Institutions Code section 300, subdivision (b), removed from appellant Juan G. (father) and placed with the mother (mother).1 Father contends (1) the jurisdiction order was not supported by sufficient evidence and (2) the removal order was “not authorized by statute.” We affirm. FACTUAL AND PROCEDUR...
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Filed 1/25/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE THE PEOPLE, B261130 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA094966) v. KEVIN ADONIS FORRE...
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*Supp. 10Opinion INTRODUCTION Following a court trial, defendants Anna Tyutina and Onesra Enterprises, Inc., were convicted of violating, on August 27 and 28, 2013, Los Angeles Municipal Code (L.A. Mun. Code) sections 45.19.6.2, subdivision A,1 which prohibits operating or participating in a medical marijuana business (MMB),2 and 12.21, subdivision A.l.(a),3 which prohibits using a building, land...
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Order to show cause issuedThe court on its own motion substitutes Xavier Becerra, in his official capacity as Attorney General, as respondent in place of **1255Kamala Harris, in her official capacity as former Attorney General. The "Application for Leave to File Reply to Petitioner's Opposition to Motion to Intervene Pursuant to Code of Civil Procedure 387(a)," filed on January 18, 2017, is grante...
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Filed 01/24/17 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ---- In re J.G., a Person Coming Under the Juvenile Court C077056 Law. THE PEOPLE, ...
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Filed 1/18/17 Certified for publication 1/25/17 (order attached) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA MIGUEL LEYVA et al., D069756 Plaintiffs and Appellants, v. ...
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Filed 12/29/16 Certified for partial publication 1/25/17 (order attached) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA KENNETH SIMMONS, D070734 Petitioner, ...
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*1264This case concerns the impact of defendant Armando Bichara's recorded confession to murder on his convictions for murder and kidnapping. Defendant initially waived his right to remain silent under Miranda ,1 but invoked the right prior to confessing to the murder, unambiguously stating to the interrogating officers, "I refuse to talk to you guys." Defense counsel forfeited defendant's challen...
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Filed 1/31/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR JEANETTE E. FULLE, B271240 Plaintiff and Appellant, (Los Angeles County Super. Ct. No. LC101181) v. KAVE...
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