In this opinion, we conclude that a government employee hired into a position expressly classified as exempt from civil service is not entitled to the protections of the civil service system upon the employee's release from the position, even if a court finds that, based on the duties of the position, it should not have been classified as exempt. We also hold that where a government employee is released from employment for reasons characterized only as non-disciplinary, and not otherwise...  

I. INTRODUCTION... Appellant Gwire, an attorney, appeals from a judgment after arbitration entered by the San Francisco Superior Court after it denied his petition to vacate an arbitration award and granted the respondent's request to confirm that award. He argues that the arbitrator improperly and prejudicially refused to permit him to present evidence, via a "sur-reply brief," that would have resulted in a decision in his favor. We disagree and hence affirm... II. FACTUAL AND...  

Appellant Angel Garcia Lara appeals from the judgment entered after his pleas of nolo contendere and admissions of special allegations following a denial of a motion to suppress evidence. His counsel raises no issues and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738... BACKGROUND... On May 5, 2006, Officer Marchese applied for a search warrant of 988 Runnymede Street in East Palo Alto. The...  

Darren Boyer Thomas was convicted by jury of rape of an incompetent person (Pen. Code, § 261, subd. (a)(1)).1 A second jury convicted him of committing perjury under oath in those proceedings (§ 118, subd. (a)). That jury also found true the allegation that Thomas committed the perjury offense while he was out on bail on the rape charge (§ 12022.1, subd. (b)). He was sentenced to a total term of 11 years state prison, consisting of the upper term of eight years for the rape...  

Eugene H. Ward appeals from the judgment entered following his conviction on two counts of second degree murder and additional crimes arising out of Ward's operation of a vehicle while intoxicated. We affirm... FACTUAL AND PROCEDURAL BACKGROUND... 1. The Charges... Ward was charged by information with two counts of second degree murder (Pen. Code, § 187, subd. (a))1 (counts 1 and 2 for victims Kevin Whitteker and Wallace Tauch); two counts of gross vehicular manslaughter while intoxicated...  

A.J. was taken from the custody of her single mother, Felicia J. (Mother), after A.J.'s twin brother died of starvation while in Mother's care. At the time of the detention, Mother identified appellant Willie J. (Father) as A.J.'s father. Mother provided the San Francisco City and County Department of Human Services (Department) with a telephone number for Father, but he did not respond to calls initially, and the Department was unable to determine his address. After the Department finally...  

Charles Lee filed a putative class action lawsuit on his own behalf and on behalf of all similarly situated drivers for Dynamex, Inc., a parcel delivery company, alleging Dynamex had improperly reclassified the drivers from employees to independent contractors in violation of California law. After first denying Lee's motion to compel Dynamex to identify and provide contact information for potential putative class members, the trial court denied Lee's motion for class certification. Because the...  

Appellant Avetis Koshkaryan was convicted, following a jury trial, of two counts of attempted murder in violation of Penal Code1 sections 187 and 664, two counts of attempted extortion in violation of section 524, one count of criminal threats in violation of section 422, one count of battery in violation of section 242, one count of evading a police officer in violation of Vehicle Code section 2800.1 and one count of credit card theft in violation of section 484, subdivision (e). The jury...  

Selma Schimmel appeals from the judgment entered after the trial court granted summary judgment in favor of her insurer, Fire Insurance Exchange (the Exchange), a member of the Farmer's Insurance Group, on her claims for breach of written contract (insurance policy) and breach of the implied covenant of good faith and fair dealing. The court determined both claims were barred by the one-year limitations period contained in her insurance policy. Schimmel contends triable issues of material fact...  

Plaintiff Richard Y. Kim appeals from the judgment entered in favor of defendants IAC/InterActiveCorp. (IAC), Ticketmaster, Citysearch.com (Citysearch), Genevieve Owyang, and Kelly Amanda Smith following the court's granting defendants' special motion to strike the complaint as a SLAPP suit (Strategic Lawsuit Against Public Participation) pursuant to Code of Civil Procedure section1 425.16. The gravamen of Kim's action was defamation based on an Internet review by Owyang of Kim's professional...  

Edgar Hurtado and Juan Carlos Ortega appeal from the judgments entered upon their convictions by jury of three counts of premeditated and deliberate attempted murder (Pen. Code, §§ 664/187, counts 1-3),1 one count of shooting at an inhabited dwelling (§ 246, count 4), and three counts of assault with a deadly weapon (§ 245, subd. (a)(1), counts 6-8). Hurtado also appeals his convictions of two counts of having a concealed firearm in a vehicle (§ 12025, subd. (a)(1),...  

Appellant Steven Parsee appeals from a judgment entered after a jury convicted him of count 1, selling heroin, a controlled substance, to wit. (Health & Saf. Code, § 11352, subd. (a).)1 Appellant admitted a prior conviction pursuant to section 11370.2, subdivision (a), for violating section 11352, subdivision (a) and a prior conviction pursuant to Penal Code section 667.5, subdivision (b) for violating section 11350, subdivision (a).2 We find no error and affirm... CONTENTIONS... Appellant...  

The minor, Randall W., appeals from an order: adjudicating a Welfare and Institutions Code section 777 petition; declaring that he remain a ward of the juvenile court; and placing him in a three-month camp community placement program. (Welf. & Inst. Code, § 602.) We affirm the order... In November 2004, the juvenile court sustained a petition alleging the minor shot at an inhabited dwelling in violation of Penal Code section 246, subdivision (a), a felony punishable by a maximum of seven...  

In 1996, appellant Filiberto Quintero pled no contest to one count of possession of marijuana for sale in violation of Health and Safety Code section 11359. He was placed on three years probation on the condition he serve 180 days in county jail. In 2007, appellant filed a motion pursuant to Penal Code section 1016.51 to vacate his plea. Appellant appeals from the denial of that motion. We affirm the trial court's order... Facts... Appellant has lived legally in the United States for more than...  

ORDER MODIFYING OPINION AND DENYING REHEARING PETITION [CHANGE IN JUDGMENT]... THE COURT:*... It is ordered that the opinion filed herein on August 4, 2008, be modified as follows: on, first paragraph, line 5, delete the text "subdivisions (d) and (e)(1) as to counts 1 and 2" and insert the text "subdivision (d) as to count 1, and pursuant to section 12022.53, subdivision (c) as to count 2."... On, first paragraph, line 7, following the text "fees shall be imposed.",...  

We affirm orders terminating mother Yolanda G.'s parental rights as to Danielle T. (born January 2005) and R.T. (born September 2006) and denying her request for return of her children to her custody... FACTUAL BACKGROUND... The minors were removed from the custody of Yolanda G. shortly after the birth of R., who was born with a positive toxicology screen for amphetamine. They were originally placed at home with their father. No reunification services were ordered for appellant due to an...  

I. INTRODUCTION... D.C. (the mother) and M.B. (the father) separately appeal from a January 14, 2008 juvenile court order terminating their parental rights as to their four children pursuant to Welfare and Institutions Code section 366.26. (All further statutory references are to the Welfare and Institutions Code unless otherwise noted.) The father also appeals from the order setting the section 366.26 hearing. And the mother appeals from the denial of her section 388 modification petition. The...  

Angela G., the mother of five-year-old Anthony C., appeals from the juvenile court's January 15, 2008 order terminating her parental rights pursuant to Welfare and Institutions Code section 366.26.1 Angela G. argues the court erred in failing to apply the parent-child relation exception to termination of parental rights contained in section 366.26, subdivision (c)(1)(B)(i) (former subdivision (c)(1)(A)).2 We affirm... FACTUAL AND PROCEDURAL BACKGROUND... 1. Initiation of Dependency Proceedings...  

THE COURT:*... ... John Joseph Burig appeals from the judgment entered following his plea of no contest on September 26, 2006, to resisting an executive officer in violation of Penal Code section 69. The trial court placed appellant on probation for three years with a condition of serving 365 days in county jail. Appellant was found in violation of probation based on the following. While on probation, on March 13, 2007, appellant snatched a portable DVD player out of Valerie Ray's hands after...  

THE COURT:*... Deonte W. Johnson (appellant) appeals from the judgment entered following his negotiated guilty plea to robbery (Pen. Code, § 211),1 with an admission that he had a prior serious felony conviction that required the imposition of a five-year term and sentencing pursuant to the "three strikes" law (§§ 667, 1170.12). He also admitted that he had served a separate prison term for a felony. (§ 667.5, subd. (b).) The trial court sentenced him, as agreed, to...