Filed 7/14/14 IN THE SUPREME COURT OF CALIFORNIA SUSAN J. PEABODY, Plaintiff and Appellant, S204804 v. TIME WARNER CABLE, INC., 9th Cir. No. 10-56846 C.D. Cal. No. Defendant and Respondent. 2:09-cv-06485-AG-RNB ____________________________________) Susan Peabody worked for Time Warner Cable, Inc. (Time Warner), as a commissioned salesperson. She received biweekly paychecks, which included hourly wages in […]
Category: 2014
People v. Vargas
Filed 7/10/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S203744 v. Ct.App. 2/8 B231338 DARLENE A. VARGAS, Los Angeles County Defendant and Appellant. Super. Ct. No. KA085541 We consider in this case whether two prior convictions arising out of a single act against a single victim can constitute two strikes under […]
People v. Eid
Filed 7/10/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S211702 v. Ct.App. 4/3 G046129 REYNALDO JUNIOR EID et al., Orange County Defendants and Appellants. Super. Ct. No. 05HF2101 ____________________________________) Defendants were charged with kidnapping for ransom, which is punishable by life in prison. The jury instead convicted each of them of […]
City of Los Angeles v. County of Kern
Filed 7/7/14 IN THE SUPREME COURT OF CALIFORNIA CITY OF LOS ANGELES et al., Plaintiffs and Respondents, S210150 v. Ct.App. 5 F063381 COUNTY OF KERN et al., Tulare County Defendants and Appellants. Super. Ct. No. VCU242057 Though federal court jurisdiction is constrained by article III of the United States Constitution principally to claims presenting a […]
People v. Weatherton
Filed 7/7/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S106489 v. FRED LEWIS WEATHERTON, Riverside County Defendant and Appellant. Super. Ct. No. INF030802 ____________________________________) A jury convicted defendant Fred Lewis Weatherton of robbery, attempted murder, and two counts of first degree murder with special circumstances, then returned a verdict of death.1 […]
Conservatorship of McQueen
Filed 7/7/14 IN THE SUPREME COURT OF CALIFORNIA Conservatorship of the Estate of IDA McQUEEN. FESSHA TAYE, as Conservator, etc., Plaintiff and Respondent, S209376 v. Ct.App. 1/4 A134337 CAROL VERES REED, Alameda County Defendant and Appellant. Super. Ct. No. HP05237122 Under Code of Civil Procedure section 685.040,1 a judgment creditor is entitled to the reasonable […]
Paratransit, Inc. v. Unemployment Ins. Appeals Bd.
Filed 7/3/14 IN THE SUPREME COURT OF CALIFORNIA PARATRANSIT, INC., Plaintiff and Respondent, S204221 v. Ct.App. 3 C063863 UNEMPLOYMENT INSURANCE APPEALS BOARD, Sacramento County Super. Ct. Defendant and Respondent; No. 34-2009-80000249 CRAIG MEDEIROS, Real Party in Interest and Appellant. In this case, an employee refused his employer?s repeated orders to sign a written disciplinary notice, […]
Beacon Residential etc. Assn. v. Skidmore, Owings & Merrill
Filed 7/3/14 IN THE SUPREME COURT OF CALIFORNIA BEACON RESIDENTIAL COMMUNITY ) ASSOCIATION, Plaintiff and Appellant, S208173 v. Ct.App. 1/5 A134542 SKIDMORE, OWINGS & MERRILL LLP ) et al., San Francisco County Defendants and Respondents. ) Super. Ct. No. CGC-08-478453 A homeowners association on behalf of its members sued a condominium developer and various other […]
People v. Sattiewhite
Filed 6/30/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S039894 v. CHRISTOPHER JAMES SATTIEWHITE, ) Ventura County Defendant and Appellant. Super. Ct. No. CR 31367 I. PROCEDURAL HISTORY A jury convicted defendant Christopher James Sattiewhite of the rape (Pen. Code, ? 261),1 kidnapping (? 207), and murder (? 187) of Genoveva […]
People v. Avila
Filed 6/30/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S135855 v. ALEJANDRO AVILA, Orange County Defendant and Appellant. Super. Ct. No. 02CF1862 A jury convicted defendant of kidnapping, committing two counts of lewd and lascivious acts on, and then murdering Samantha Runnion under the special circumstances of murder while kidnapping and […]
Salas v. Sierra Chemical Co.
Filed 6/26/14 IN THE SUPREME COURT OF CALIFORNIA VICENTE SALAS, Plaintiff and Appellant, S196568 v. Ct.App. 3 C064627 SIERRA CHEMICAL CO., San Joaquin County Defendant and Respondent. Super. Ct. No. CV033425 ____________________________________) Plaintiff sued his former employer under the California Fair Employment and Housing Act (FEHA; Gov. Code, ? 12900 et seq.), alleging that defendant […]
Iskanian v. CLS Transportation
Filed 6/23/14 (Reposted 6/26/14 to augment listing of counsel who argued in Supreme Ct.; no change to opn. text) IN THE SUPREME COURT OF CALIFORNIA ARSHAVIR ISKANIAN, Plaintiff and Appellant, S204032 v. Ct.App. 2/2 B235158 CLS TRANSPORTATION LOS ANGELES, LLC, Los Angeles County Defendant and Respondent. Super. Ct. No. BC356521 In this case, we again […]
Verdugo v. Target Corp.
Filed 6/23/14 IN THE SUPREME COURT OF CALIFORNIA MICHAEL VERDUGO et al., Plaintiffs and Appellants, S207313 v. Ninth Cir. U.S. Ct. App. ) No. 10-57008 TARGET CORPORATION, U.S. Dist. Ct. Defendant and Respondent. No. 2:10-cv-06930-ODW-AJW At the request of a three-judge panel of the United States Court of Appeals for the Ninth Circuit, we agreed […]
Iskanian v. CLS Transportation
Filed 6/23/14 IN THE SUPREME COURT OF CALIFORNIA ARSHAVIR ISKANIAN, Plaintiff and Appellant, S204032 v. Ct.App. 2/2 B235158 CLS TRANSPORTATION LOS ANGELES, LLC, Los Angeles County Defendant and Respondent. Super. Ct. No. BC356521 In this case, we again address whether the Federal Arbitration Act (FAA) preempts a state law rule that restricts enforcement of terms […]
Luis M. v. Super. Ct.
Filed 6/19/14 IN THE SUPREME COURT OF CALIFORNIA LUIS M., a Minor, Petitioner, S207314 v. Ct.App. 2/7 B238460 THE SUPERIOR COURT OF LOS ANGELES COUNTY, Los Angeles County Respondent; Super. Ct. No. MJ20593 THE PEOPLE, Real Party in Interest. Luis M. challenges an order that he pay the City of Lancaster (the City) over $3,800 […]
In re Champion
Filed 6/18/14 Unmodified opinion attached IN THE SUPREME COURT OF CALIFORNIA In re STEVE ALLEN CHAMPION on Habeas Corpus. S065575 ____________________________________) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING THE COURT: The opinion herein, filed April 14, 2014, appearing at 58 Cal.4th 965, is modified as follows: On page 994, in the first sentence of […]
Hartford Casualty Ins. v. Swift Distribution, Inc.
Filed 6/12/14 IN THE SUPREME COURT OF CALIFORNIA HARTFORD CASUALTY INSURANCE ) COMPANY, Plaintiff and Respondent, S207172 v. Ct.App. 2/3 B234234 SWIFT DISTRIBUTION, INC. et al., Los Angeles County Defendants and Appellants. Super. Ct. No. BC442537 Hartford Casualty Insurance Company (Hartford) issued a commercial general liability policy to Swift Distribution, Inc., doing business as Ultimate […]
People v. Debose
Filed 6/5/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S080837 v. DONALD RAY DEBOSE, Los Angeles County Super. Ct. No. YA035529 Defendant and Appellant. A jury convicted defendant Donald Ray Debose of the first degree murder and second degree robbery of, and arson causing great bodily injury to, Dannie Kim (Pen. […]
People v. Trinh
Filed 6/5/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S115284 v. DUNG DINH ANH TRINH, Orange County Defendant and Appellant. Super. Ct. No. 99NF2555 A jury convicted defendant Dung Dinh Ahn Trinh (Trinh) of three counts of first degree murder with a multiple-murder special circumstance, one count of attempted murder, and […]
People v. Goldsmith
Filed 6/5/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S201443 v. Ct.App. 2/3 B231678 CARMEN GOLDSMITH, Los Angeles County Defendant and Appellant. Super. Ct. No. 102693IN ____________________________________) Defendant was cited for failing to stop at a red traffic light at an intersection located in the City of Inglewood in violation of […]
People v. Chiu
Filed 6/2/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S202724 v. Ct.App. 3 C063913 BOBBY CHIU, Sacramento County Defendant and Appellant. Super. Ct. No. 03F08566 ____________________________________) There are two distinct forms of culpability for aiders and abettors. ?First, an aider and abettor with the necessary mental state is guilty of the […]
People v. Elmore
Filed 6/2/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S188238 v. Ct.App. 2/7 B216917 CHARLES ELMORE, Los Angeles County Defendant and Appellant. Super. Ct. No. TA090607 A killing committed because of an unreasonable belief in the need for self- defense is voluntary manslaughter, not murder. ?Unreasonable self-defense, also called imperfect self-defense, […]
People v. Brown
Filed 6/2/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S052374 v. STEVEN ALLEN BROWN, Tulare County Defendant and Appellant. Super. Ct. No. 32842 ___________________________________ ) A jury convicted Steven Allen Brown of first degree murder, sodomy, and forcible lewd act on a minor under 14.1 It found true the special circumstances […]
Long Beach Police Officers Assn. v. City of Long Beach
Filed 5/29/14 IN THE SUPREME COURT OF CALIFORNIA LONG BEACH POLICE OFFICERS ASSOCIATION, Plaintiff and Appellant, v. S200872 CITY OF LONG BEACH et al., Ct.App. 2/2 B231245 Defendants and Appellants; Los Angeles County LOS ANGELES TIMES Super. Ct. No. NC055491 COMMUNICATIONS LLC, Real Party in Interest and Respondent. A newspaper asked a city to release […]
Duran v. U.S. Bank National Assn.
Filed 5/29/14 IN THE SUPREME COURT OF CALIFORNIA SAMUEL DURAN et al., Plaintiffs and Respondents, S200923 v. Ct.App. 1/1 A125557, A126827 U.S. BANK NATIONAL ASSOCIATION, Alameda County Super. Ct. No. 2001-035537 Defendant and Appellant. ____________________________________) We encounter here an exceedingly rare beast: a wage and hour class action that proceeded through trial to verdict. Loan […]