CA Pub. Decisions

1. McRAE v. DEPARTMENT OF CORRECTIONS AND REHABILITATION
   Sep 4, 2006
   Substantial evidence did not support jury's verdict that employee was subject of actionable retaliation where what employee contended was a continuous course of retaliatory conduct by her superiors in response to her filing an employment discrimination claim was in fact a ser…
2. MICROSOFT CORPORATION v. FRANCHISE TAX BOARD PART-I
   Aug 30, 2006
   Redemption of marketable securities at maturity generates gross receipts that are includible in the formula used to calculate a multistate entity's tax under the Uniform Division of Income for Tax Purposes Act. Where corporation's income and receipts from its short-term i…
3. MICROSOFT CORPORATION v. FRANCHISE TAX BOARD PART-II
   Aug 30, 2006
   Redemption of marketable securities at maturity generates gross receipts that are includible in the formula used to calculate a multistate entity's tax under the Uniform Division of Income for Tax Purposes Act. Where corporation's income and receipts from its short-term i…
4. CAZA DRILLING (CALIFORNIA), INC., v. TEG OIL & GAS U.S.A., INC PART-I
   Aug 30, 2006
   Court properly rejected oil company's cross-complaint against drilling company stemming from damages caused by blowout, on basis that exculpatory and limitation of liability provisions in parties' contract were valid--rather than improper attempt under Civil Code Section …
5. CAZA DRILLING (CALIFORNIA), INC., v. TEG OIL & GAS U.S.A., INC PART-II
   Aug 30, 2006
   Court properly rejected oil company's cross-complaint against drilling company stemming from damages caused by blowout, on basis that exculpatory and limitation of liability provisions in parties' contract were valid--rather than improper attempt under Civil Code Section …
6. ALLSTATE INSURANCE COMPANY v. SUPERIOR COURT
   Aug 30, 2006
   Trial court erred in granting party's petition for reconsideration of arbitrator's award where arbitrator stated that award was final. Parties in arbitration agreement explicitly waived any right to appeal or challenge final arbitration award except where it was result of…
7. PEOPLE v. MASSIE
   Aug 30, 2006
   Evidence supported jury's finding that defendant acted with specific intent to cause cruel or extreme pain and suffering for purpose of revenge, extortion, persuasion, or for any sadistic purpose, thereby supporting defendant's torture conviction under Penal Code Sec. 206…
8. Mendoza v. Brodeur
   Aug 30, 2006
   Plaintiff who did repair work on defendant's roof despite lack of licensure was not precluded from suing defendant, who lacked workers' compensation insurance, for alleged negligence resulting in plaintiff being injured in a fall. Brief averment in defendant's summary…
9. RAY v. GOODMAN
   Aug 30, 2006
   When there are two successive unaccepted Code of Civil Procedure Sec. 998 offers tendered by a successful plaintiff in personal injury litigation. Plaintiff subsequently recovers a judgment in excess of either offer, prejudgment interest awarded pursuant to Civil Code Sec. 3291 b…
10. CEBULAR v. COOPER ARMS HOMEOWNERS ASSOCIATION PART- I
    Aug 30, 2006
    Declaration of covenants, conditions, and restrictions whereby owners converted form of ownership of building in which they lived from a stock cooperative to a condominium, with each unit owner casting a number of votes in proportion to number of shares said owner had in cooperat…
11. CEBULAR v. COOPER ARMS HOMEOWNERS ASSOCIATION PART- II
    Aug 30, 2006
    Declaration of covenants, conditions and restrictions whereby owners converted form of ownership of building in which they lived from a stock cooperative to a condominium, with each unit owner casting a number of votes in proportion to number of shares said owner had in cooperati…
12. In re MARTIN ALONZO L
    Aug 30, 2006
    Metal "wallet," which was about 5-1/2 inches long when folded and had five one-inch long metal spikes embedded in the leather along one edge with the middle three spikes spaced about 3/4 of an inch apart from one another, and which--when held in a man's palm--would al…
13. WOODSIDE HOMES OF CALIFORNIA, INC v. THE SUPERIOR COURT
    Aug 30, 2006
    Contract clause providing that any controversy arising under the contract shall be submitted to a general judicial reference was not rendered unenforceable by state supreme court ruling that contractual waivers of jury trial are unenforceable.
14. PEOPLE v. ROGERS PART-I
    Aug 30, 2006
    Testimony that defendant suffered from some degree of disassociation and had used PCP, did not compel trial court to order competency hearing sua sponte. Where there was no testimony that any dissociative disorder affected his ability to assist counsel or to understand trial proc…
15. PEOPLE v. ROGERS PART-II
    Aug 30, 2006
    Testimony that defendant suffered from some degree of disassociation and had used PCP, did not compel trial court to order competency hearing sua sponte. Where there was no testimony that any dissociative disorder affected his ability to assist counsel or to understand trial proc…
16. PEOPLE v. ROGERS PART-III
    Aug 30, 2006
    Testimony that defendant suffered from some degree of disassociation and had used PCP, did not compel trial court to order competency hearing sua sponte. Where there was no testimony that any dissociative disorder affected his ability to assist counsel or to understand trial proc…
17. PEOPLE v. ROGERS PART-IV
    Aug 30, 2006
    Testimony that defendant suffered from some degree of disassociation and had used PCP, did not compel trial court to order competency hearing sua sponte. Where there was no testimony that any dissociative disorder affected his ability to assist counsel or to understand trial proc…
18. PEOPLE v. ROGERS PART-V
    Aug 30, 2006
    Testimony that defendant suffered from some degree of disassociation and had used PCP, did not compel trial court to order competency hearing sua sponte. Where there was no testimony that any dissociative disorder affected his ability to assist counsel or to understand trial proc…
19. PEOPLE v. ROGERS PART-VI
    Aug 30, 2006
    Testimony that defendant suffered from some degree of disassociation and had used PCP, did not compel trial court to order competency hearing sua sponte. Where there was no testimony that any dissociative disorder affected his ability to assist counsel or to understand trial proc…
20. PEOPLE v. LEDESMA PART-VI
    Aug 30, 2006
    Where defendant was accused of murdering victim to keep him from testifying about previous robbery and of robbing victim again at time of murder. The trial court erred in failing to instruct the jury on the lesser offense of theft regarding the second robbery where there was subs…