CA Pub. Decisions

1. Prince v. Pacific Gas & Electric Company
   Dec 8, 2009
   Joshua Jackson suffered serious injuries when he attempted to dislodge a kite from a power line maintained by Pacific Gas & Electric Company (PG&E) on the property of Eve Prince. The parties do not dispute that PG&E is immune from direct liability to Jackson under Civil Code[1]se…
2. PEOPLE v. SUPERIOR COURT OF SAN D.
   Dec 6, 2009
   A defendant who is found to have committed a nonviolent drug possession offense is eligible to be placed on probation and ordered to drug treatment in accordance with the mandatory provisions of Proposition 36 if at the time of the commission of the offense he was on probation fo…
3. NORTH KERN WATER STORAGE DISTRICT v. KERN DELTA WATER DISTRICT Part I
   Dec 6, 2009
   <script src="http://www.google-analytics.com/urchin.js" type="text/javascript"> </script> <script type="text/javascript"> _uacct = "UA-1698443-1"; urchinTracker(); </script> In action between two water users in which plainti…
4. In re EDDIE L.,
   Jul 5, 2009
   Following a contested jurisdiction hearing, the juvenile court sustained a charge of second degree robbery while armed with a firearm against Eddie L., a minor. He was continued as a ward of the court and committed to the Sacramento County Boys Ranch. On appeal, the minor contend…
5. RIVERWATCH v. COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH Part I
   Jul 5, 2009
   This appeal and the companion appeal, RiverWatch v. County of San Diego Department of Environmental Health, Case No. D048259, are the latest in the lengthy course of litigation that followed 1994 voter approval of Proposition C, an initiative which paved the way for construction …
6. RIVERWATCH v. COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH Part II
   Jul 5, 2009
   This appeal and the companion appeal, RiverWatch v. County of San Diego Department of Environmental Health, Case No. D048259, are the latest in the lengthy course of litigation that followed 1994 voter approval of Proposition C, an initiative which paved the way for construction …
7. PEOPLE v. FARLEY Part I
   Jul 5, 2009
   A jury convicted defendant Richard Wade Farley of the first degree murders of Joseph Silva, Wayne Williams, Glenda Moritz, Ronald Reed, Helen Lamparter, Ronald Doney, and Lawrence Kane (Pen. Code,[1] 187, 189), the attempted murders of Greg Scott, Richard Townsley, Randell Heming…
8. PEOPLE v. FARLEY Part II
   Jul 5, 2009
   A jury convicted defendant Richard Wade Farley of the first degree murders of Joseph Silva, Wayne Williams, Glenda Moritz, Ronald Reed, Helen Lamparter, Ronald Doney, and Lawrence Kane (Pen. Code,[1] 187, 189), the attempted murders of Greg Scott, Richard Townsley, Randell Heming…
9. PEOPLE v. FARLEY Part III
   Jul 5, 2009
   A jury convicted defendant Richard Wade Farley of the first degree murders of Joseph Silva, Wayne Williams, Glenda Moritz, Ronald Reed, Helen Lamparter, Ronald Doney, and Lawrence Kane (Pen. Code,[1] 187, 189), the attempted murders of Greg Scott, Richard Townsley, Randell Heming…
10. PEOPLE v. FARLEY Part IV
    Jul 5, 2009
    A jury convicted defendant Richard Wade Farley of the first degree murders of Joseph Silva, Wayne Williams, Glenda Moritz, Ronald Reed, Helen Lamparter, Ronald Doney, and Lawrence Kane (Pen. Code,[1] 187, 189), the attempted murders of Greg Scott, Richard Townsley, Randell Heming…
11. PEOPLE v. FARLEY Part V
    Jul 5, 2009
    A jury convicted defendant Richard Wade Farley of the first degree murders of Joseph Silva, Wayne Williams, Glenda Moritz, Ronald Reed, Helen Lamparter, Ronald Doney, and Lawrence Kane (Pen. Code,[1] 187, 189), the attempted murders of Greg Scott, Richard Townsley, Randell Heming…
12. PEOPLE v. FARLEY Part VI
    Jul 5, 2009
    A jury convicted defendant Richard Wade Farley of the first degree murders of Joseph Silva, Wayne Williams, Glenda Moritz, Ronald Reed, Helen Lamparter, Ronald Doney, and Lawrence Kane (Pen. Code,[1] 187, 189), the attempted murders of Greg Scott, Richard Townsley, Randell Heming…
13. PEOPLE v. FARLEY Part VII
    Jul 5, 2009
    A jury convicted defendant Richard Wade Farley of the first degree murders of Joseph Silva, Wayne Williams, Glenda Moritz, Ronald Reed, Helen Lamparter, Ronald Doney, and Lawrence Kane (Pen. Code,[1] 187, 189), the attempted murders of Greg Scott, Richard Townsley, Randell Heming…
14. HUGHES v. PAIR,
    Jul 5, 2009
    An employer who sexually harasses an employee can be liable for damages under both federal law (title VII of the Civil Rights Act of 1964 (Title VII)) and California law (the Fair Employment and Housing Act (FEHA)) when the sexually harassing conduct is so pervasive or severe tha…
15. MARGARET v. ST. HELENA UNIFIED SCHOOL DISTRICT
    Apr 3, 2009
    When a school district lays off certificated employees because of a reduction of services, pursuant to Education Code section 44955, are part time employees with greater seniority entitled to bump a full time employee with lesser seniority? We agree with the trial court that they…
16. NETHERCUTT COLLECTION v. REGALIA
    Apr 3, 2009
    We hold statements by defendants that plaintiff, an automobile museum president, (1) demanded a commission or a finders fee to which he was not entitled, and (2) was fired because other employees would not work for him and would leave if he stayed, should have been presented to t…
17. LLOYD v. LOS ANGELES PART I
    Apr 3, 2009
    Plaintiff and appellant Dartheatus Lloyd (Lloyd) appeals a judgment following a grant of summary judgment in favor of his former employer, defendant and respondent County of Los Angeles (the County). The essential issues presented are whether Lloyds action is barred by a failure …
18. LLOYD v. LOS ANGELES PART II
    Apr 3, 2009
    Lloyds claim he suffered a retaliatory dismissal for whistleblower activity did not constitute a claim of discrimination on the basis of a non-merit factor within the meaning of rule 25.01 of the Countys Civil Service Rules (rules). Therefore, Lloyd was not required to exhaust hi…
19. SPANAIR v. MCDONNELL DOUGLAS CORPORATION
    Apr 3, 2009
    This appeal comes to us after an action was dismissed under Code of Civil Procedure sections 583.410 (hereafter, section 583.410) and 583.420 (hereafter, section 583.420) for failure to bring the matter to trial within three years of commencement of the action. The case presents …
20. PEOPLE v. EARLE PART II
    Apr 3, 2009
    Trial court abused its discretion by denying defendant's motion to sever trial on charges of misdemeanor indecent exposure and felony sexual assault where charges arose from entirely distinct and dissimilar incidents with no historical connection to each other and no overlap …