California Supreme Court and Court of Appeal published (citable) opinions.
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PEOPLE v. WILEN PART II
Jul 29, 2008
Defendant who has pleaded guilty to controlled substance crimes and who is subject of a petition for recovery of hazardous clean up expenses has a right under Health and Safety Code Sec. 11470.2 to have liability for those expenses decided by a jury, and defendant has a right to …
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GOLDEN GATE WATER SKI CLUB v. COUNTY OF CONTRA COSTA PART I
Jul 29, 2008
Where members of a private nonprofit organization dedicated to water skiing constructed various structures in an area designated "open space" in county plan, such development violated county's land use and related ordinances and constituted a public nuisance. Organiza…
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GOLDEN GATE WATER SKI CLUB v. COUNTY OF CONTRA COSTA PART II
Jul 29, 2008
Where members of a private nonprofit organization dedicated to water skiing constructed various structures in an area designated "open space" in county plan, such development violated county's land use and related ordinances and constituted a public nuisance. Organiza…
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JAMES CLAYWORTH v. PFIZER, INC PART I
Jul 29, 2008
Where various retail pharmacies filed suit against drug company for alleged price-fixing and defendant contended plaintiffs suffered no loss because plaintiffs "passed on" claimed overcharges to customer, plaintiffs suffered no loss under the Cartwright Act because the ac…
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JAMES CLAYWORTH v. PFIZER, INC PART II
Jul 29, 2008
Where various retail pharmacies filed suit against drug company for alleged price-fixing and defendant contended plaintiffs suffered no loss because plaintiffs "passed-on" claimed overcharges to customer, plaintiffs suffered no loss under the Cartwright Act because the ac…
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JAMES CLAYWORTH v. PFIZER, INC PART III
Jul 29, 2008
Where various retail pharmacies filed suit against drug company for alleged price-fixing and defendant contended plaintiffs suffered no loss because plaintiffs "passed-on" claimed overcharges to customer, plaintiffs suffered no loss under the Cartwright Act because the ac…
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GRENALL v. UNITED OF OMAHA LIFE INSURANCE COMPANY
Jul 29, 2008
Where decedent purchased an annuity that provided for monthly benefit payments for the duration of the purchaser's life four months before dying, decedent's erroneous belief at the time of contract that she was in good health and had a reasonable life expectancy did not s…
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T.O. IX v. SUPERIORCOURTOFVENTURACOUNTY
Jul 29, 2008
Where plaintiff, a contractor with a single claim for payment for building a street through a nine-home subdivision, recorded separate mechanic's liens against the nine parcels, each for the full amount of that claim, even though it conceded that it could only be paid once, d…
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In re Marriage of YVETTE E. and JEFFREY D. BARDZIK v. BARDZIK
Jul 29, 2008
Where mother and father divorced and agreed to share custody of two minor children with no child support obligations to each other, mother later retired, and father sought to have wife's income before retirement imputed to her, father bore burden of establishing wife's ab…
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LOS ALTOS GOLF AND COUNTRY CLUB v. COUNTY OF SANTA CLARA
Jul 29, 2008
In this appeal Thomas Burns, trustee of a family trust, and the Los Altos Golf and Country Club (LAGCC) seek review of an order sustaining the demurrer of the City of Los Altos (City) and County of Santa Clara (County) in appellants' action to recover fees paid for sewer serv…
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PEOPLE v. CRUZ PART I
Jul 29, 2008
Venire member's marriage to a person of Mexican heritage did not make her a member of a cognizable group for purposes of the Wheeler/Batson rule barring race-based discrimination in jury selection. Crime scene photograph, offered to demonstrate that murder victim, a sheriff&#…
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PEOPLE v. CRUZ PART II
Jul 29, 2008
Venire member's marriage to a person of Mexican heritage did not make her a member of a cognizable group for purposes of the Wheeler/Batson rule barring race-based discrimination in jury selection. Crime scene photograph, offered to demonstrate that murder victim, a sheriff&#…
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PEOPLE v. CRUZ PART III
Jul 29, 2008
Venire member's marriage to a person of Mexican heritage did not make her a member of a cognizable group for purposes of the Wheeler/Batson rule barring race-based discrimination in jury selection. Crime scene photograph, offered to demonstrate that murder victim, a sheriff&#…
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PEOPLE v. CRUZ PART IV
Jul 29, 2008
Venire member's marriage to a person of Mexican heritage did not make her a member of a cognizable group for purposes of the Wheeler/Batson rule barring race-based discrimination in jury selection. Crime scene photograph, offered to demonstrate that murder victim, a sheriff&#…
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PEOPLE v. EVANS
Jul 29, 2008
California law gives a defendant the right to make a personal statement in mitigation of punishment but only while under oath and subject to cross-examination by the prosecutor.
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PEOPLE v. LENIX PART I
Jul 29, 2008
Appellate court must conduct comparative juror analysis, in which voir dire responses of non-stricken venire members are compared to those stricken by way of peremptory challenge, in order to determine whether race- or gender-neutral explanations for strikes were pretextual, when…
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PEOPLE v. LENIX PART II
Jul 29, 2008
Appellate court must conduct comparative juror analysis, in which voir dire responses of non-stricken venire members are compared to those stricken by way of peremptory challenge, in order to determine whether race- or gender-neutral explanations for strikes were pretextual, when…
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ADAIMY v. RUHL
Apr 11, 2008
Where plaintiff filed an association of counsel, but court clerk only served notice of entry of judgment and order denying motion for new trial on original counsel, and did not serve them on associated counsel, plaintiff received adequate notice and service was sufficient to star…
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NYGARD, INC., v. TIMO UUSI-KERTTULA
Apr 11, 2008
Defamation action regarding article in foreign publication, charging plaintiffs--companies whose wealthy owner was prominent in the country where the article was published--with oppressive employment practices was subject to anti-SLAPP motion; newspaper or magazine is a "publ…
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PEOPLE v. TAYLOR
Apr 11, 2008
Appeals from civil commitments under the Mentally Disordered Offender Act are not criminal in nature, so appellate court need not independently review record to determine whether there are grounds for appeal.<br />