Category: 2011

Filed 12/29/11 IN THE SUPREME COURT OF CALIFORNIA FRANCES HARRIS et al., Petitioners, S156555 v. Ct.App. 2/1 B195121 THE SUPERIOR COURT OF LOS ANGELES COUNTY, Los Angeles County Super. Ct. No. BC 246139 JCCP No. 4234 Respondent; LIBERTY MUTUAL INSURANCE COMPANY et al., Real Parties in Interest. ___________________________________ ) LIBERTY MUTUAL INSURANCE COMPANY et al., […]

Filed 12/29/11 IN THE SUPREME COURT OF CALIFORNIA In re RICHARD SHAPUTIS S188655 on Habeas Corpus. Ct.App. 4/1 D056825 San Diego County Super. Ct. No. HC18007 Here we reaffirm the deferential character of the ?some evidence? standard for reviewing parole suitability determinations. Whether to grant parole to an inmate serving an indeterminate sentence is a […]

Filed 12/22/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S191020 v. Ct.App. 4/2 E049932 AMIR A. AHMED, Riverside County Defendant and Appellant. Super. Ct. No. RIF145548 A jury convicted defendant of one crime ? assault with a firearm ? and found true two sentence enhancement allegations as to that crime ? […]

Filed 12/12/11 IN THE SUPREME COURT OF CALIFORNIA IN RE C.H., a Person Coming Under the Juvenile Court Law. ___________________________________ ) THE PEOPLE, S183737 Plaintiff and Respondent, Ct.App. 2/6 v. B214707 C.H., Ventura County Defendant and Appellant. Super. Ct. No. 2005040811 May a court commit to the Department of Corrections and Rehabilitation, Division of Juvenile […]

Filed 12/5/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S066939 v. MICHAEL ALLEN and CLEAMON JOHNSON, Los Angeles County Defendants and Appellants. Super. Ct. No. BA105846 A jury convicted codefendants Michael Allen and Cleamon Johnson of the first degree murders of Peyton Beroit and Donald Loggins, with multiple-murder special-circumstance findings as […]

Filed 12/5/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S188453 v. Ct.App. 5 F057147 LUIS OSCAR SANCHEZ, Tulare County Defendant and Appellant. Super. Ct. No. PCF204260A, VCF166696A, and VCF180279 In this case we consider under what circumstances a trial court is obligated to conduct a hearing on whether to discharge counsel […]

Filed 11/28/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S042660 v. RONNIE DALE DEMENT, Sacramento County Defendant and Appellant. Super. Ct. No. 4679510 Defendant Ronnie Dale Dement was convicted of oral copulation in a local detention facility and of the first degree murder of fellow inmate Greg Michael Andrews. (Pen. Code,1 […]

Filed 11/21/11 IN THE SUPREME COURT OF CALIFORNIA RETIRED EMPLOYEES ASSOCIATION ) OF ORANGE COUNTY, INC., Plaintiff and Appellant, S184059 v. COUNTY OF ORANGE, 9th Cir. No. 09-56026 C.D. Cal. No. Defendant and Respondent. CV-07-1301-AG At the request of the United States Court of Appeals for the Ninth Circuit,1 we address the following abstract question: […]

Filed 11/17/11 IN THE SUPREME COURT OF CALIFORNIA KRISTIN M. PERRY et al., Plaintiffs and Respondents, v. S189476 EDMUND G. BROWN, JR., as Governor, etc., et al., ) 9th Cir. No. 10-16696 Defendants; CITY AND COUNTY OF SAN FRANCISCO, N.D. Cal. No. Intervener and Respondent; ) 3:09-cv-02292-VRW DENNIS HOLLINGSWORTH et al., Interveners and Appellants. At […]

Filed 11/14/11 IN THE SUPREME COURT OF CALIFORNIA LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, Plaintiff and Appellant, S188128 v. Ct.App. 2/4 B212643 ALAMEDA PRODUCE MARKET, LLC, et al., Los Angeles County Super. Ct. No. BC313010 Defendants and Respondents. ) Under California?s ?quick-take? eminent domain procedure, a public entity filing a condemnation action may seek immediate […]

Filed 11/10/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S065467 v. Los Angeles County RONALD BRUCE MENDOZA, Super. Ct. No. KA 032117 Defendant and Appellant. A jury convicted defendant Ronald Bruce Mendoza of first degree murder (Pen. Code, ? 187, subd. (a)),1 and found true the allegation that he personally used […]

Filed 10/31/11 IN THE SUPREME COURT OF CALIFORNIA PORFIRIO SERRANO et al., Plaintiffs and Appellants, S183372 v. Ct.App. 2/3 B215837 STEFAN MERLI PLASTERING CO., INC., Los Angeles County Defendant; Super. Ct. No. BC324031 COAST COURT REPORTERS, INC., Objector and Respondent. Code of Civil Procedure section 1021.5 authorizes an award of attorney fees to a ?private […]

Filed 10/31/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S184212 v. Ct.App. 4/1 D054343 XUE VANG, San Diego County Defendant and Appellant. Super. Ct. No. SCD 213306 An expert witness testified about whether a crime was gang related. The Court of Appeal held that the trial court erred in permitting the […]

Filed 10/19/11 IN THE SUPREME COURT OF CALIFORNIA CHRISTINE BAKER, as Administrator, Etc., Petitioner, S179194 v. Ct.App. 6 H034040 WORKERS? COMPENSATION APPEALS BOARD and X.S., WCAB Case No. Respondents. ADJ1510738/SJO 0251902 MODIFICATION OF OPINION THE COURT: The opinion in this matter filed on August 11, 20011, and appearing at 52 Cal.4th 434, is modified as […]

52 Cal. 4th 706, 258 P.3d 751, 129 Cal. Rptr. 3d 617 Filed 8/25/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S045696 v. RANDY EUGENE GARCIA, Los Angeles County Defendant and Appellant. Super. Ct. No. BA077888 A Los Angeles jury found defendant Randy Eugene Garcia guilty of crimes stemming from two […]

52 Cal. 4th 769, 259 P.3d 370, 130 Cal. Rptr. 3d 191 Filed 8/25/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S076582 v. ERVEN R. BLACKSHER, Alameda County Defendant and Appellant. Super. Ct. No. 125666 ____________________________________) A jury found defendant Erven R. Blacksher guilty of the first degree murder of his […]

52 Cal. 4th 590, 258 P.3d 737, 129 Cal. Rptr. 3d 601 Filed 8/22/11 IN THE SUPREME COURT OF CALIFORNIA SEABRIGHT INSURANCE COMPANY, ) Plaintiff and Appellant, S182508 v. Ct.App. 1/4 A123726 US AIRWAYS, INC., City and County of San Francisco Defendant and Respondent; Super. Ct. No. CGC-06-458707 ANTHONY VERDON LUJAN, Intervener and Appellant. ____________________________________) […]

52 Cal. 4th 610, 259 P.3d 1186, 130 Cal. Rptr. 3d 590 Filed 8/22/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S077166 v. CRANDELL McKINNON, Riverside County Defendant and Appellant. Super. Ct. No. CR69302 A jury found defendant Crandell McKinnon guilty of the first degree 1 murders (Pen. Code, ? 187) […]

52 Cal. 4th 610, 259 P.3d 1186, 130 Cal. Rptr. 3d 590 Filed 8/22/11 (reposted same date to correct concurring justices) IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S077166 v. CRANDELL McKINNON, Riverside County Defendant and Appellant. Super. Ct. No. CR69302 A jury found defendant Crandell McKinnon guilty of the first […]

52 Cal. 4th 541, 257 P.3d 1130, 129 Cal. Rptr. 3d 325 Filed 8/18/11 IN THE SUPREME COURT OF CALIFORNIA REBECCA HOWELL, Plaintiff and Appellant, S179115 v. Ct.App. 4/1 D053620 HAMILTON MEATS & PROVISIONS, INC., San Diego County Defendant and Respondent. Super. Ct. No. GIN053925 When a tortiously injured person receives medical care for his […]

52 Cal. 4th 580, 257 P.3d 748, 129 Cal. Rptr. 3d 145 Filed 8/18/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S182263 v. Ct.App. 3 C058326 GEORGE MILWARD, Sacramento County Defendant and Appellant. Super. Ct. No. 02F05876 ____________________________________) While serving a life sentence, defendant attacked another inmate with a deadly weapon. […]

51 Cal. 4th 1292, 254 P.3d 249, 127 Cal. Rptr. 3d 200 Filed 8/17/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, S085348 Plaintiff and Respondent, San Bernardino County v. Super. Ct. No. FWV-15543 GABRIEL CASTANEDA, ) ORDER MODIFYING Defendant and Appellant. OPINION THE COURT: The opinion herein, filed on June 30, 2011, appearing at […]