Filed 5/1/13 (unmodified opinion attached) IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S093756 v. COREY LEIGH WILLIAMS, Contra Costa County Defendant and Appellant. Super. Ct. No. 961903-2-02 ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING THE COURT: The opinion herein, filed February 7, 2013, and appearing at 56 Cal.4th 165, is […]
Category: 2013
McWilliams v. City of Long Beach
Filed 4/25/13 IN THE SUPREME COURT OF CALIFORNIA JOHN W. McWILLIAMS, Plaintiff and Appellant, S202037 v. Ct.App. 2/3 B200831 CITY OF LONG BEACH, Los Angeles County Defendant and Respondent. Super. Ct. No. BC361469 Code of Civil Procedure section 313 provides that the ?general procedure? for the presentation of claims for money or damages against a […]
People v. Nuckles
Filed 4/22/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S200612 v. Ct.App. 5 F061562 JANE NUCKLES, Kings County Defendant and Appellant. Super. Ct. No. 09CM3022 An accessory is a person ?who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said […]
People v. McCullough
Filed 4/22/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S192513 v. Ct.App. 3 C064982 ANTOINE J. McCULLOUGH, Sacramento County Defendant and Appellant. Super. Ct. No. 09F08232 Defendant Antoine J. McCullough pleaded no contest to being a convicted felon in possession of a firearm (Pen. Code, ? 12021, subd. (a)(1)) and admitted […]
People v. Clancey
Filed 4/18/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Appellant, S200158 v. Ct.App. 6 H036501 WESLEY CIAN CLANCEY, Santa Clara County Defendant and Respondent. Super. Ct. Nos. C1072166 & C1073855 Over the prosecution?s objection, defendant Wesley Cian Clancey pleaded no contest to all charges (an assortment of felony and misdemeanor charges, mostly […]
People v. Anzalone
Filed 4/15/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S192536 v. Ct.App. 6 H035123 CHRISTINA MARIE ANZALONE, Santa Clara County Defendant and Appellant. Super. Ct. No. CC935164 ____________________________________) Penal Code section 1149 provides, ?When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon […]
People v. Leiva
Filed 4/8/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, S192176 Plaintiff and Respondent, Ct.App. 2/4 B214397 v. JOSE LEIVA, Los Angeles County Defendant and Appellant. Super. Ct. No. PA035556 At the relevant times, Penal Code former section 1203.2, subdivision (a) (as amended by Stats. 1989, Ch. 1319, ? 1, p. 5305; (section 1203.2(a))1, provided, […]
People v. Carbajal
Filed 4/8/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S195600 v. Ct.App. 2/5 B222615 VALENTIN CARBAJAL, Los Angeles County Defendant and Appellant. Super. Ct. No. BA316526 ____________________________________) Defendant was charged with sexually molesting two victims. A jury convicted defendant of some counts involving one victim while deadlocking on all counts involving […]
People v. Delgado
Filed 4/4/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S192704 v. Ct.App. 2/1 B220174 MILDRED DELGADO, Los Angeles County Super. Ct. Nos. Defendant and Appellant. BA337662/BA348502 Defendant Mildred Delgado was convicted of robbery (Pen. Code, ? 211)1 and kidnapping for purposes of robbery (? 209, subd. (b)(1)), on evidence from which […]
People v. Pearson
Filed 3/21/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S058157 v. MICHAEL NEVAIL PEARSON, Contra Costa County Defendant and Appellant. Super. Ct. No. 951701-2 A jury convicted defendant Michael Nevail Pearson of the first degree murders of Ruth Lorraine Talley and Barbara Garcia with personal use of a firearm and found […]
People v. Gonzales
Filed 3/18/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S191240 v. Ct.App. 6 H032866 RAMIRO GONZALES, Santa Clara County Defendant and Appellant. Super. Ct. No. 211111 We granted review in this case to determine whether the trial court properly applied the psychotherapist-patient privilege with regard to statements made by a parolee […]
People v. Wilkins
Filed 3/7/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S190713 v. Ct.App. 4/3 G040716 COLE ALLEN WILKINS, Orange County Defendant and Appellant. Super. Ct. No. 06NF2339 Defendant Cole Allen Wilkins was convicted of first degree murder under a felony-murder theory that the victim was killed during the commission of a burglary. […]
Bourhis v. Lord
Filed 3/4/13 IN THE SUPREME COURT OF CALIFORNIA DANIELLE BOURHIS et al., Plaintiffs and Appellants, S199887, S199889 v. Ct.App. 1/2 A132136, A133177 JOHN LORD et al., Marin County Defendants and Respondents. ) Super. Ct. No. CIV060796 If a corporation fails to pay its taxes, the state may suspend its corporate powers. The state may later […]
In re Vicks
Filed 3/4/13 IN THE SUPREME COURT OF CALIFORNIA In re MICHAEL D. VICKS on Habeas Corpus. S194129 Ct.App. 4/1 D056998 San Diego County Super. Ct. No. CR63419 ____________________________________) In 2008, California voters approved Proposition 9, the Victims? Bill of Rights Act of 2008: Marsy?s Law. The changes enacted by Marsy?s Law became effective immediately; pertinent […]
Greb v. Diamond Internat. Corp.
Filed 2/21/13 IN THE SUPREME COURT OF CALIFORNIA WALTER GREB et al., S183365 Plaintiffs and Appellants, v. Ct.App. 1/1 A125472 DIAMOND INTERNATIONAL CORPORATION, San Francisco City and County Defendant and Respondent. ) Super. Ct. No. CGC-08-274989 We granted review to resolve a conflict in the Courts of Appeal concerning interpretation of Corporations Code section 2010,1 […]
People v. Watkins
Filed 2/13/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S026634 v. PAUL SODOA WATKINS, Los Angeles County Defendant and Appellant. Super. Ct. No. KA005658 ____________________________________) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING THE COURT: The opinion in this matter filed on December 17, 2012, and appearing at 55 Cal.4th 999, […]
Harris v. Santa Monica
Filed 2/7/13 (reposted same date to correct ?D.? to ?C.? for outline structure on p. 35) IN THE SUPREME COURT OF CALIFORNIA WYNONA HARRIS, Plaintiff and Respondent, S181004 v. Ct.App. 2/8 B199571 CITY OF SANTA MONICA, Los Angeles County Defendant and Appellant. Super. Ct. No. BC341569 A bus driver alleged that she was fired by […]
People v. Williams
Filed 2/7/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S093756 v. COREY LEIGH WILLIAMS, Contra Costa County Defendant and Appellant. Super. Ct. No. 961903-2-02 Defendant Corey Leigh Williams was convicted of the first degree murders of Maria Elena Corrieo and Maria Eugenia (Gina) Roberts.1 The jury returned true findings on the […]
Apple v. Super. Ct.
Filed 2/4/13 IN THE SUPREME COURT OF CALIFORNIA APPLE INC., Petitioner, S199384 v. Ct.App. 2/8 B238097 THE SUPERIOR COURT OF LOS ANGELES COUNTY, Los Angeles County Super. Ct. No. BC463305 Respondent; DAVID KRESCENT, Real Party in Interest. The Song-Beverly Credit Card Act of 1971 (Credit Card Act) governs the issuance and use of credit cards. […]
People v. Whalen
Filed 2/4/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S054569 v. DANIEL LEE WHALEN, Stanislaus County Defendant and Appellant. Super. Ct. No. 25297 A jury found defendant Daniel Lee Whalen guilty of the 1994 first degree murder (Pen. Code, ? 187, subd. (a))1 and first degree robbery (? 212.5, subd. (a)) […]
Aryeh v. Canon Business Solutions
Filed 1/24/13 IN THE SUPREME COURT OF CALIFORNIA JAMSHID ARYEH, Plaintiff and Appellant, S184929 v. Ct.App. 2/8 B213104 CANON BUSINESS SOLUTIONS, INC., ) Los Angeles County Defendant and Respondent. Super. Ct. No. BC384674 The common law theory of continuous accrual posits that a cause of action challenging a recurring wrong may accrue not once but […]
RIVERISLAND COLD STORAGE, INC. v. FRESNO-MADERA PRODUCTION CREDIT ASSOCIATION, 55 Cal.4th 1169 (2013)
Filed 1/14/13 IN THE SUPREME COURT OF CALIFORNIA RIVERISLAND COLD STORAGE, INC., et al., Plaintiffs and Appellants, S190581 v. Ct.App. 5 F058434 FRESNO-MADERA PRODUCTION CREDIT ASSOCIATION, Fresno County Super. Ct. No. 08CECG01416 Defendant and Respondent. The parol evidence rule protects the integrity of written contracts by making their terms the exclusive evidence of the parties? […]
Dudugjian v. State Bar
Dudugjian v. State Bar (1991) 52 Cal.3d 1092 , 278 Cal.Rptr. 90; 804 P.2d 715 [No. S015185. Feb 21, 1991.] ROBERT PAUL DUDUGJIAN, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. THOMAS MACK HOLLIDAY, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. (Opinion by The Court.) COUNSEL Tom Low for Petitioners. [52 Cal.3d 1094] Diane […]
Borr v. State Bar
Borr? v. State Bar (1991) 52 Cal.3d 1047 , 277 Cal.Rptr. 864; 804 P.2d 50 [No. S014519. Feb 7, 1991.] GENE PAUL BORR?, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. (Opinion by The Court.) COUNSEL Tom Low and Jonathan I. Arons for Petitioner. Diane C. Yu, Starr Babcock and Andrea Teper Wachter for Respondent. […]
Martin v. State Bar
Martin v. State Bar (1991) 52 Cal.3d 1055 , 277 Cal.Rptr. 868; 804 P.2d 54 [No. S014721. Feb 7, 1991.] BARRY B. MARTIN, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. (Opinion by The Court. Separate dissenting opinions by Lucas, C. J., and by Arabian, J.) COUNSEL Barry B. Martin, in pro. per., for Petitioner. […]