Category: 2015

Filed 3/28/16 IN THE SUPREME COURT OF CALIFORNIA MARIBEL BALTAZAR, Plaintiff and Respondent, S208345 v. Ct.App. 2/1 B237173 FOREVER 21, INC., et al., Los Angeles County Defendants and Appellants. Super. Ct. No. VC059254 In this case, we are once again asked to determine the enforceability of an arbitration agreement under the law of unconscionability. As […]

Filed 3/28/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S076785 v. PEDRO RANGEL, JR., Madera County Defendant and Appellant. Super. Ct. No. M13413A A jury convicted defendant Pedro Rangel, Jr., of the first degree murders of Juan Uribe and Chuck Durbin. (Pen. Code, ? 187, subd. (a); id., former ? 189.) […]

Filed 4/4/16 IN THE SUPREME COURT OF CALIFORNIA NYKEYA KILBY, Plaintiff and Appellant, S215614 v. 9th Cir. Nos. CVS PHARMACY, INC., 12-56130/13-56095 Defendant and Respondent. S.D. Cal. No. 3:09-CV-2051-MMA-KSC AND CONSOLIDATED CASE. C.D. Cal. No. 2:11-CV-3428-PSG-PLA The Ninth Circuit has certified questions1 involving California wage order requirements that an employer provide suitable seating for employees […]

Filed 4/21/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S022998 v. ANTHONY LETRICE TOWNSEL, Madera County Defendant and Appellant. Super. Ct. No. 8926 ____________________________________) A jury convicted defendant Anthony Letrice Townsel of the first degree murders of Mauricio Martinez and Martha Diaz (Pen. Code, ? 187, subd. (a); further statutory references […]

Filed 5/5/16 IN THE SUPREME COURT OF CALIFORNIA ALEYAMMA JOHN, Petitioner, S222726 v. Ct.App. 2/7 B256604 THE SUPERIOR COURT OF LOS ANGELES COUNTY, Los Angeles County Super. Ct. No. BV030258 Respondent; SYLVIA CHAN, Real Party in Interest. The vexatious litigant statutory scheme (Code Civ. Proc., ?? 391-391.7)1 applies exclusively to self-represented litigants. Section 391.7, subdivision […]

Filed 5/5/16 IN THE SUPREME COURT OF CALIFORNIA CATHERINE FLORES, Plaintiff and Appellant, S209836 v. Ct.App. 2/3 B235409 PRESBYTERIAN INTERCOMMUNITY ) HOSPITAL, Los Angeles County Defendant and Respondent. Super. Ct. No. VC058225 ____________________________________) A personal injury action generally must be filed within two years of the date on which the challenged act or omission occurred. […]

Filed 12/31/15 IN THE SUPREME COURT OF CALIFORNIA THE GILLETTE COMPANY et al., Plaintiffs and Appellants, S206587 v. Ct.App. 1/4 A130803 FRANCHISE TAX BOARD, San Francisco County Defendant and Respondent. Super. Ct. No. CGC-10-495911 [And five other cases.*] Here we consider how California calculates income taxes on multistate businesses. In 1974, California joined the Multistate […]

Filed 12/24/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S115872 v. Los Angeles County RAMON SANDOVAL, JR., Super. Ct. No. BA240074 Defendant and Appellant. Defendant Ramon Sandoval, Jr. was convicted following a jury trial of the premeditated murder of Long Beach Police Detective Daryle Black and the attempted murder of his […]

Filed 12/16/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S216648 v. Ct.App. 4/2 E052297 RICHARD JAMES GOOLSBY, San Bernardino County Defendant and Appellant. Super. Ct. No. FSB905099 ORDER MODIFYING OPINON AND DENYING PETITION FOR REHEARING THE COURT: The opinion herein, filed on October 15, 2015, published at 62 Cal.4th 96, is […]

Filed 12/17/15 IN THE SUPREME COURT OF CALIFORNIA CALIFORNIA BUILDING INDUSTRY ASSOCIATION, Plaintiff and Respondent, S213478 v. Ct.App. 1/5 BAY AREA AIR QUALITY A135335, A136212 MANAGEMENT DISTRICT, Alameda County Defendant and Appellant. Super. Ct. No. RG10548693 We granted review to address the following question: Under what circumstances, if any, does the California Environmental Quality Act […]

Filed 12/10/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S209643 v. Ct.App. 2/6 B241356 MARK STEVENS, San Luis Obispo County Defendant and Appellant. Super. Ct. No. F471357 ____________________________________) The Mentally Disordered Offender Act (MDO Act) (Pen. Code, ? 2960 et seq.)1 authorizes proceedings for civil commitment of a state prisoner during […]

Filed 12/10/15 IN THE SUPREME COURT OF CALIFORNIA RANDALL KEITH HAMPTON et al., Plaintiffs and Appellants, S213132 v. Ct.App. 4/1 D061509 COUNTY OF SAN DIEGO, San Diego County Defendant and Respondent. Super. Ct. No. 37-2010-00101299- CU-PA-CTL A public entity may be liable for injuries caused by dangerous conditions of public property. (Gov. Code, ?? 830, […]

Filed 12/3/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S120583 v. MICKY RAY CAGE, Riverside County Defendant and Appellant. Super. Ct. No. RIF 083394 ____________________________________) A jury convicted defendant Micky Ray Cage of the 1998 first degree murders of Brunilda Montanez and David Burgos (Pen. Code, ? 187),1 and of being […]

Filed 12/3/15 IN THE SUPREME COURT OF CALIFORNIA MICHELLE QUESADA, Plaintiff and Appellant, S216305 v. Ct.App. 2/3 B239602 HERB THYME FARMS, INC., Los Angeles County Defendant and Respondent. Super. Ct. No. BC436557 To buyers and sellers alike, ?labels matter.? (Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310, 328.) They serve as markers for a […]

Filed 11/30/15 IN THE SUPREME COURT OF CALIFORNIA B.H., a Minor, etc., Plaintiff and Appellant, S213066 v. Ct.App. 4/2 E054516 COUNTY OF SAN BERNARDINO et al., San Bernardino County Defendants and Respondents. ) Super. Ct. No. CIVDS913403 The intent and purpose of the Child Abuse and Neglect Reporting Act (CANRA; Pen. Code, ? 11164 et […]

Filed 11/30/15 IN THE SUPREME COURT OF CALIFORNIA CENTER FOR BIOLOGICAL DIVERSITY et al., Plaintiffs and Respondents, S217763 v. Ct.App. 2/5 B245131 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, Los Angeles County Defendant and Appellant; Super. Ct. No. BS131347 THE NEWHALL LAND AND FARMING COMPANY, Real Party in Interest and Appellant. This case presents three issues […]

Filed 8/13/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S076340 v. LAM THANH NGUYEN, Orange County Defendant and Appellant. Super. Ct. No. 95WF0682 On January 28, 1999, defendant Lam Thanh Nguyen was sentenced to death for murdering Sang Duc Nguyen and Tuan Pham. This appeal is automatic. (Pen. Code, ? 1239, […]

Filed 8/13/15 IN THE SUPREME COURT OF CALIFORNIA ANTONIO CORDOVA et al., Plaintiffs and Appellants, S208130 v. Ct.App. 2/1 B236195 CITY OF LOS ANGELES, Los Angeles County Defendant and Respondent. Super. Ct. No. BC442048 ____________________________________) Under section 835 of the Government Code,1 a public entity may be held liable for injury proximately caused by a […]

Filed 8/10/15 IN THE SUPREME COURT OF CALIFORNIA HARTFORD CASUALTY INSURANCE ) COMPANY, Cross-complainant and Appellant, S211645 v. Ct.App. 1/3 A133750 J.R. MARKETING, L.L.C., et al., San Francisco County Cross-defendants Super. Ct. No. CGC-06-449220 and Respondents. ____________________________________) This court has long maintained that if any claims in a third party complaint against a person or […]

Filed 8/6/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S218993 v. Ct.App. 4/1 D064641 SHAUNTREL RAY BROWN, San Diego County Defendant and Appellant. Super. Ct. No. SCS264898 A deputy sheriff investigating an emergency call of a fight in progress pulled his patrol car behind defendant Brown?s parked vehicle and activated the […]

Filed 8/3/15 IN THE SUPREME COURT OF CALIFORNIA CITY OF SAN DIEGO et al., S199557 Plaintiffs and Appellants, Ct.App. 4/1 D057446 v. San Diego County Super. Ct. Nos. BOARD OF TRUSTEES OF THE GIC855643 CALIFORNIA STATE UNIVERSITY, GIC855701 ) 37-2007-00083692-CU-WM-CTL 37-2007-00083768-CU-TT-CTL Defendant and Respondent. 37-2007-00083773-CU-MC-CTL In this case we consider a challenge under the California […]

Filed 8/3/15 IN THE SUPREME COURT OF CALIFORNIA GIL SANCHEZ, Plaintiff and Respondent, S199119 v. Ct.App. 2/1 B228027 VALENCIA HOLDING COMPANY, LLC, ) Los Angeles County Defendant and Appellant. Super. Ct. No. BC433634 The automobile sales contract in the present case has an arbitration agreement that provides, among other things, that arbitral awards of $0 […]

Filed 7/29/15 Court of Appeal, Second Appellate District, Division Four – No. B241727 S214150 IN THE SUPREME COURT OF CALIFORNIA En Banc ________________________________________________________________________ SALVADOR RODRIGUEZ, Plaintiff and Respondent, v. RWA TRUCKING COMPANY, INC., Defendant and Appellant. ________________________________________________________________________ Defendant RWA Trucking, Inc., and the California Trucking Association?s request for republication of the Court of Appeal?s opinion, […]

Filed 7/27/15 IN THE SUPREME COURT OF CALIFORNIA Estate of IRVING DUKE, Deceased. SEYMOUR RADIN et al., Petitioners and Respondents, ) S199435 v. Ct.App. 2/4 B227954 JEWISH NATIONAL FUND et al., Los Angeles County Claimants and Appellants. Super. Ct. No. BP108971 Irving Duke prepared a holographic will providing that, upon his death, his wife would […]

Filed 7/20/15 IN THE SUPREME COURT OF CALIFORNIA In re Marriage of SHERYL JONES DAVIS and KEITH XAVIER DAVIS. ____________________________________) SHERYL JONES DAVIS, S215050 Respondent, Ct.App. 1/1 A136858 v. Alameda County KEITH XAVIER DAVIS, Super. Ct. No. RF08428441 Appellant. In a marital dissolution proceeding, a court determines the division of property between the spouses by […]