Category: 2015

Filed 7/20/15 IN THE SUPREME COURT OF CALIFORNIA EVEN ZOHAR CONSTRUCTION & REMODELING, INC., Plaintiff and Appellant, S210804 v. Ct.App. 2/4 B239928 BELLAIRE TOWNHOUSES, LLC, et al., ) Los Angeles County Super. Ct. No. BC458347 Defendants and Respondents. ) Code of Civil Procedure1 section 1008 imposes special requirements on renewed applications for orders a court […]

Filed 7/13/15 IN THE SUPREME COURT OF CALIFORNIA DKN HOLDINGS LLC, Plaintiff and Appellant, S218597 v. Ct.App. 4/2 E055732, E056294 WADE FAERBER, Riverside County Super. Ct. No. RIC1109512 Defendant and Respondent. We granted review to clarify a bedrock principle of contract law: Parties who are jointly and severally liable on an obligation may be sued […]

Filed 7/9/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S105857 v. LUMORD JOHNSON, Riverside County Super. Ct. No. CR66248 Defendant and Appellant. ___________________________________ ) A jury found Lumord Johnson, defendant, guilty of the first degree murder of Martin Campos by personal use of a firearm (count 1). (Pen. Code, ?? 187, […]

Filed 7/9/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S213819 v. Ct.App. 2/2 B236152 LEON BANKS et al., Los Angeles County Defendants and Appellants. Super. Ct. No. BA347305 In 1990, the voters passed Proposition 115, which adopted a wide range of criminal justice reforms, including extending death penalty eligibility to ?major […]

Filed 7/6/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, S221296 Petitioner, Ct.App. 1/5 A140767 v. THE SUPERIOR COURT OF SAN FRANCISCO COUNTY, (San Francisco County Super. Ct. No. 12029482) Respondent; DARYL LEE JOHNSON, Real Party in Interest. ____________________________________) CITY AND COUNTY OF SAN FRANCISCO ex rel. CITY AND COUNTY OF SAN FRANCISCO POLICE DEPARTMENT, […]

Filed 7/2/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S051342 v. JOHN LEE CUNNINGHAM, San Bernardino County Defendant and Appellant. Super. Ct. No. RCR 22225 In a bench trial before the Superior Court of San Bernardino County, defendant John Lee Cunningham was convicted of the first degree murders of Wayne Sonke, […]

Filed 7/2/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S219454 v. Ct.App. 2/3 B249651 TIMOTHY WAYNE JOHNSON, Los Angeles County Defendant and Appellant. Super. Ct. No. YA038015 ____________________________________) THE PEOPLE, Plaintiff and Respondent, S219819 v. Ct.App. 2/1 B249557 OSCAR MACHADO, Los Angeles County Defendant and Appellant. Super. Ct. No. YA036692 ____________________________________) […]

Filed 6/29/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S056766 v. RICHARD LEON, Los Angeles County Super. Ct. No. PA012903 Defendant and Appellant. During a month-long crime spree in Los Angeles County, defendant Richard Leon committed a string of armed robberies, murdered two store clerks, and was eventually arrested after a […]

Filed 6/29/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S056766 v. RICHARD LEON, Los Angeles County Super. Ct. No. PA012903 Defendant and Appellant. During a month-long crime spree in Los Angeles County, defendant Richard Leon committed a string of armed robberies, murdered two store clerks, and was eventually arrested after a […]

Filed 6/25/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE ex rel. LINDA GREEN, as ) DISTRICT ATTORNEY, etc., S217896, S217979 Plaintiff and Respondent, Ct.App. 5 F065450 v. KIRNPAL GREWAL, Kern County Super. Ct. Nos. CV-276959, Defendant and Appellant. CV-276958, CV-276961, CV-276603, CV-276962 [And four other cases.*] (Consolidated) Slot machines, sometimes called ?one-armed bandits? (although […]

Filed 6/25/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S215260 v. Ct.App. 1/2 A132071 GAMALIEL ELIZALDE et al., Contra Costa County Defendants and Appellants. Super. Ct. No. 050809038 ____________________________________) Under the rule of Miranda v. Arizona (1966) 384 U.S. 436, 478-479 (Miranda), certain admonitions must be given before a suspect?s statement […]

Filed 6/22/15 IN THE SUPREME COURT OF CALIFORNIA In re DAVID ESCO WELCH S107782 on Habeas Corpus. David Esco Welch filed an original habeas corpus petition in this court claiming he should be granted relief from his multiple murder convictions and death sentence. We issued an order to show cause with respect to two of […]

Filed 6/15/15 IN THE SUPREME COURT OF CALIFORNIA CALIFORNIA BUILDING INDUSTRY ) ASSOCIATION, Plaintiff and Respondent, S212072 v. Ct.App. 6 H038563 CITY OF SAN JOSE, Santa Clara County Defendant and Appellant; Super. Ct. No. CV167289 ) AFFORDABLE HOUSING NETWORK ) OF SANTA CLARA COUNTY et al., ) ) Interveners and Appellants. ) _________________________________________) Health and […]

Filed 6/15/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S202921 v. Ct.App. 4/1 D057392 ERIC HUNG LE et al., San Diego County Defendants and Appellants. Super. Ct. No. SCD212126 In People v. Rodriguez (2009) 47 Cal.4th 501 (Rodriguez), we held that a defendant?s single act of personally using a gun during […]

Filed 6/8/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S064858 v. ROYCE LYN SCOTT, Riverside County Defendant and Appellant. Super. Ct. No. CR 16374 THE COURT.* Following a jury trial on a 15-count indictment, defendant Royce Lyn Scott was convicted of sexually assaulting and murdering 78-year-old Della Morris in her home. […]

Filed 6/1/15 IN THE SUPREME COURT OF CALIFORNIA STATE DEPARTMENT OF STATE HOSPITALS et al., Petitioners, S215132 v. Ct.App. 2/3 B248603 THE SUPERIOR COURT OF LOS ANGELES COUNTY, Los Angeles County Super. Ct. No. BC487936 Respondent; ELAINA NOVOA, Individually and as Personal Representative, etc., Real Party in Interest. In 2007, Gilton Pitre was paroled from […]

Filed 6/1/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S076337 v. EDWARD CHARLES III, Orange County Defendant and Appellant. Super. Ct. No. 94NF2611 Defendant Edward Charles III was convicted at trial of one count of first degree murder and two counts of second degree murder (Pen. Code, ? 187, subd. (a).)1 […]

Filed 5/28/15 IN THE SUPREME COURT OF CALIFORNIA SOUTH COAST FRAMING, INC. et al., Petitioners, S215637 v. Ct.App. 4/1 D063945 WORKERS? COMPENSATION APPEALS BOARD, JOVELYN CLARK et al., (WCAB No. ADJ7324566) Respondents. The family of Brandon Clark was awarded workers? compensation death benefits after Clark died from the combination of drugs prescribed following a fall […]

Filed 5/28/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S212940 v. Ct.App. 1/3 A135733 WILLIAM J. FORD, Sonoma County Defendant and Appellant. Super. Ct. No. SCR-530837 Defendant William J. Ford appeals from an order awarding victim restitution. He contends that the trial court lacked jurisdiction to conduct the April 6, 2012, […]

Filed 5/28/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S083594 v. TOMMY ADRIAN TRUJEQUE, Los Angeles County Defendant and Appellant. Super. Ct. No. VA048531 In 1999, a jury convicted defendant Tommy Adrian Trujeque of first degree murder of Max Facundo (Pen. Code, ? 187, subd. (a)),1 second degree murder of Raul […]

Filed 5/27/15 IN THE SUPREME COURT OF CALIFORNIA BERKELEY HILLSIDE PRESERVATION et al. Plaintiffs and Appellants, S201116 v. Ct.App. 1/4 A131254 CITY OF BERKELEY et al., Alameda County Defendants and Respondents; ) Super. Ct. No. RG10517314 DONN LOGAN et al., Real Parties in Interest and Respondents. ____________________________________) ORDER MODIFYING OPINIONS THE COURT: The majority opinion […]

Filed 5/18/15 IN THE SUPREME COURT OF CALIFORNIA In re R.V., a Person Coming Under the Juvenile Court Law. ____________________________________) S212346 THE PEOPLE, Ct.App. 4/3 G046961 Plaintiff and Respondent, Orange County v. Super. Ct. No. DL034139 R.V., Defendant and Appellant. A minor who is the subject of a wardship petition under Welfare and Institutions Code1 […]

Filed 5/18/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S212157 v. Ct.App. 3 C070271 JOSHUA CROSS, Sacramento County Defendant and Appellant. Super. Ct. Nos. 09F06395, 11F03888 ____________________________________) Penal Code section 273.5 defines various domestic violence crimes. Defendant Joshua Cross was charged with felony infliction of corporal injury in violation of section […]

Filed 5/7/15 IN THE SUPREME COURT OF CALIFORNIA IN RE CIPRO CASES I & II. S198616 Ct.App. 4/1 D056361 San Diego County Super. Ct. Nos. JCCP 4154/4220 To protect competition in the marketplace, antitrust law prohibits agreements that create or perpetuate monopolies. Patent law, in contrast, grants temporary monopolies to inventors to encourage the development […]

Filed 5/4/15 IN THE SUPREME COURT OF CALIFORNIA LORING WINN WILLIAMS, Plaintiff and Appellant, S213100 v. Ct.App. 4/2 E055755 CHINO VALLEY INDEPENDENT FIRE DISTRICT, San Bernardino County Defendant and Respondent. Super. Ct. No. CIVRS801732 Plaintiff Loring Winn Williams sued defendant Chino Valley Independent Fire District (the District) for employment discrimination in violation of the California […]