Category: 2011

51 Cal. 4th 1074, 253 P.3d 247, 126 Cal. Rptr. 3d 74 Filed 6/20/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Appellant, S180289 v. Ct.App. 4/1 D055068 BOUHN MAIKHIO, San Diego County Defendant and Respondent. Super. Ct. No. M031897 To protect and preserve the wildlife of the state for current and future […]

51 Cal. 4th 1052, 253 P.3d 522, 126 Cal. Rptr. 3d 428 Filed 6/16/11 IN THE SUPREME COURT OF CALIFORNIA ROBERT A. BROWN et al., Plaintiffs and Appellants, S180862 v. Ct.App. 2/1 B199793 STEWART MORTENSEN, Los Angeles County Defendant and Respondent. Super. Ct. No. BC289546 In this case we address the remedies available to a […]

51 Cal. 4th 1040, 253 P.3d 239, 126 Cal. Rptr. 3d 65 Filed 6/10/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S176923 v. Ct.App. 4/3 G036560 QUANG MINH TRAN, Orange County Defendant and Appellant. Super. Ct. No. 01WF0544 The California Street Terrorism Enforcement and Prevention Act (the STEP Act; Pen. Code, […]

51 Cal. 4th 1006, 252 P.3d 450, 125 Cal. Rptr. 3d 158 Filed 6/6/11 IN THE SUPREME COURT OF CALIFORNIA FRANCHISE TAX BOARD, Petitioner, S176943 v. Ct.App. 1/5 A122723 THE SUPERIOR COURT OF THE CITY ) AND COUNTY OF SAN FRANCISCO, San Francisco City and County Respondent; Super. Ct. No. CGC-06-454297 TOM GONZALES, as Personal […]

51 Cal. 4th 1020, 252 P.3d 979, 125 Cal. Rptr. 3d 421 Filed 6/6/11 IN THE SUPREME COURT OF CALIFORNIA In re V.V., a Person Coming Under the Juvenile Court Law. THE PEOPLE, S177654 Plaintiff and Respondent, Ct.App. 2/1 v. B212416 V.V., Los Angeles County Defendant and Appellant. Super. Ct. No. GJ25585 ____________________________________) In re […]

51 Cal. 4th 965, 254 P.3d 965, 127 Cal. Rptr. 3d 662 Filed 6/2/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S173490 v. Ct.App. 2/5 B207812 JOMO ZAMBIA, Los Angeles County Defendant and Appellant. Super. Ct. No. LA055997 Defendant Jomo Zambia was convicted of pandering in violation of Penal Code section […]

51 Cal. 4th 989, 252 P.3d 968, 125 Cal. Rptr. 3d 408 Filed 6/2/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S175351 v. Ct.App. 4/1 D054740 PAUL D. ANDERSON, Riverside County Defendant and Appellant. Super. Ct. No. RIF113459 We hold here that the intent element of robbery does not include an […]

51 Cal. 4th 811, 250 P.3d 1115, 124 Cal. Rptr. 3d 256 Filed 5/16/11 IN THE SUPREME COURT OF CALIFORNIA OASIS WEST REALTY, LLC, Plaintiff and Respondent, S181781 v. Ct.App. 2/5 B217141 KENNETH A. GOLDMAN et al., Los Angeles County Defendants and Appellants. Super. Ct. No. SC101564 In 2004, defendant Attorney Kenneth A. Goldman agreed […]

51 Cal. 4th 804, 250 P.3d 191, 123 Cal. Rptr. 3d 589 Filed 5/5/11 IN THE SUPREME COURT OF CALIFORNIA JANE HYDE RASMUSSEN et al., S182407 Petitioners, Ct.App. 4/3 G042454 v. THE SUPERIOR COURT OF ORANGE Orange County COUNTY, JCCP No. 4392 Respondent; PRAVEEN BUNYAN et al., Real Parties in Interest. This matter, involving a […]

Filed 5/5/11 IN THE SUPREME COURT OF CALIFORNIA NIKKI POOSHS, Plaintiff and Appellant, S172023 v. 9th Cir. No. 08-16338 PHILIP MORRIS USA, INC., et al., N.D. Cal. No. Defendants and Respondents. ) 3:04-cv-01221-PJH Plaintiff was a cigarette smoker for 35 years, from 1953 through 1987. In 1989, she was diagnosed with chronic obstructive pulmonary disease […]

Filed 4/20/11 IN THE SUPREME COURT OF CALIFORNIA CALIFORNIA FARM BUREAU FEDERATION et al. Plaintiffs and Appellants, S150518 v. Ct.App. 3 C050289 STATE WATER RESOURCES CONTROL BOARD, Sacramento County Defendant and Respondent. Super. Ct. Nos. 03CS1776 & 04CS00473 MODIFICATION OF OPINION THE COURT: The opinion herein, appearing at 51 Cal.4th 421, advance report, is modified […]

Filed 2/28/11 IN THE SUPREME COURT OF CALIFORNIA In re BAYCOL CASES I and II. S178320 Ct.App. 2/7 B204943 Los Angeles County Super. Ct. No. JCCP 4217 The right to appeal in California is generally governed by the ?one final judgment? rule, under which most interlocutory orders are not appealable. (See Code Civ. Proc., ? […]

Filed 2/28/11 IN THE SUPREME COURT OF CALIFORNIA MARIA CABRAL, Plaintiff and Respondent, S178799 v. Ct.App. 4/2 E044098 RALPHS GROCERY COMPANY, San Bernardino County Defendant and Appellant. Super. Ct. No. RCV089849 A truck driver working for Ralphs Grocery Company (Ralphs) stopped his tractor-trailer rig alongside an interstate highway in order to have a snack. Plaintiff?s […]

Filed 2/28/11 IN THE SUPREME COURT OF CALIFORNIA DANA BRUNS, Plaintiff and Appellant, S172684 v. Ct.App. 2/5 B201952 E-COMMERCE EXCHANGE, INC., et al., ) Los Angeles County Defendants and Respondents. ) Super. Ct. No. JCCP 4350 Code of Civil Procedure section 583.310,1 which governs the action plaintiff Dana Bruns brought against defendants E-Commerce Exchange, Inc., […]

Filed 2/28/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S175615 v. Ct.App. 1 A119501 ARTURO JESUS HERNANDEZ, Contra Costa County Defendant and Appellant. Super. Ct. No. 050707604 In People v. Stevens (2009) 47 Cal.4th 625, 638 (Stevens), we held that the stationing of a courtroom deputy next to a testifying defendant […]

Filed 2/24/11 IN THE SUPREME COURT OF CALIFORNIA SONIC-CALABASAS A, INC., Plaintiff and Appellant, S174475 v. Ct.App. 2/4 B204902 FRANK MORENO, Los Angeles County Defendant and Respondent. Super. Ct. No. BS107161 Under Labor Code section 98 et seq., an employee with a claim for unpaid wages has a right to seek an informal hearing in […]

Filed 2/24/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S080550 v. PHILIAN EUGENE LEE, Riverside County Defendant and Appellant. Super. Ct. No. CR-67398 Defendant Philian Eugene Lee was convicted of first degree murder with personal use of a firearm. (Pen. Code, ?? 187, subd. (a), 189, 12022.5, subd. (a).)1 The jury […]

Filed 2/22/11 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S180759 v. Ct.App. 3 C059889 ALBERT TROYER, Sacramento County Defendant and Appellant. Super. Ct. No. 07F06029 ?[T]he ?physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.? ? (Payton v. New York (1980) […]

Filed 2/17/11 IN THE SUPREME COURT OF CALIFORNIA CENTURY-NATIONAL INSURANCE CO., Plaintiff and Respondent, S179252 v. Ct.App. 2/7 B209616 JESUS GARCIA et al., Los Angeles County Defendants and Appellants. Super. Ct. No. BC379522 At issue in this case is a fire insurance policy that contains clauses excluding coverage for losses caused by the intentional act […]

Filed 2/14/11 IN THE SUPREME COURT OF CALIFORNIA In re CURTIS F. PRICE on Habeas Corpus. S069685 ____________________________________) A jury convicted petitioner Curtis F. Price of the first degree murders (Pen. Code, ? 187)1 of Elizabeth Ann Hickey and Richard Barnes. As to the murder of Hickey, the jury made special circumstance findings of multiple […]