CA Pub. Decisions

1. GILMER v. ELLINGTON
   Feb 25, 2008
   Where defendant motorist stopped at intersection and gestured to left turning motorist to proceed, and left turning motorist did so and collided with plaintiff as he was riding his motorcycle through an intersection, defendant was not liable for negligence because defendant did n…
2. AVIVI v. CENTROMEDICOURGENTEMEDICALCENTER
   Feb 25, 2008
   On defendants' motion for summary judgment in medical malpractice action, trial court erred in excluding declaration of plaintiff's expert on ground that expert did not say he was familiar with the standard of care in Southern California; appropriate test for expert quali…
3. NIELSEN v. BECK
   Feb 25, 2008
   A modification decision.
4. LOS ANGELES v. RAYTHEON COMPANY
   Feb 25, 2008
   Tenant or its successors in interest have standing to seek a refund of property tax levied on parcels occupied by tenant under long term leases requiring tenant to pay the real property taxes where the term of the lease exceeded 35 years, making tenant the beneficial owner for ta…
5. QUIHUIS v. LOS ANGELES
   Feb 25, 2008
   City violated police officer's right to receive notice of the specific proposed disciplinary action against him within the one year statute of limitations contained in Government Code Sec. 3304(d) where officer was notified within one year period that a complaint had been fil…
6. PEOPLE v. REYES
   Feb 25, 2008
   Where two defendants were in stopped vehicle, and both were taken into police custody, one defendant's question to officer after being told that they were stopped because police were investigating a shooting and the shots may have come from their car "Well, if you don&#39…
7. THE PEOPLE v. ANAYA
   Feb 25, 2008
   A modification decision.
8. PEOPLE v. REYES
   Feb 25, 2008
   A modification deision.
9. CKE RESTAURANTS v. MOORE
   Feb 25, 2008
   Filing of notice of obligation to warn consumers of toxicity under Proposition 65 is a protected activity for purposes of the anti SLAPP statute. Declaratory relief action is subject to an anti SLAPP motion where plaintiff, in response to a Proposition 65 notice, seeks a declarat…
10. ZENITH INSURANCE v. WORKERS' COMPENSATION APPEALS BOARD
    Feb 25, 2008
    Based on the plain language of Labor Code Sec. 4061(a), which provides for notice of permanent disability indemnity "[t]ogether with the last payment of temporary disability indemnity," injured worker who received his last payment of temporary disability indemnity in 2005…
11. PEOPLE v. THE SUPERIOR COURT
    Feb 25, 2008
    Prosecution may not amend an information to allege aggravating circumstances listed in California Rules of Court, Rule 4.421 to secure a jury trial of those alleged aggravating circumstances. Such a procedure, while a constitutionally permissible means of determining aggravating …
12. In re SILVIA R
    Feb 25, 2008
    Juvenile court did not have jurisdiction to include in disposition order a requirement that child's stepfather and her adult brother, both of whom sexually abused her, participate in sexual abuse counseling for perpetrators; when child is removed from parent's home, Welfa…
13. In re LAUREN PART I
    Feb 25, 2008
    Mother who lost custody after she was extradited to Florida and incarcerated received adequate reunification services where Department of Children and Family Services worked with mother and family in Florida to remedy problems leading to loss of custody but was thwarted by delay …
14. In re LAUREN PART II
    Feb 25, 2008
    Mother who lost custody after she was extradited to Florida and incarcerated received adequate reunification services where Department of Children and Family Services worked with mother and family in Florida to remedy problems leading to loss of custody but was thwarted by delay …
15. JENNIFER v. SUPERIOR COURT
    Feb 25, 2008
    Where juvenile court fails to duly advise party of writ rights, appellate court will treat purported appeal from order terminating reunification services as a petition for writ of mandate. Termination of reunification services was not an abuse of discretion where mother agreed to…
16. BAYER-BEL v. LITOVSKY
    Feb 25, 2008
    Proposition 51's prohibition on apportioning noneconomic damages jointly and severally, codified at Civil Code Sec. 1431.2, applies to damages arising from negligent entrustment.
17. PEOPLE v. DAVIDSON
    Feb 25, 2008
    Where defendant was convicted of attempted murder and was convicted of same person's murder when victim died after first trial resulting in the first conviction being vacated and the charge of attempted murder dismissed but murder conviction was reversed on appeal and that ch…
18. GENLYTE GROUP v. WORKERS COMPENSATION APPEALS BOARD
    Feb 25, 2008
    Comprehensive medical legal report or treating physician's report need not state the injured worker's condition has reached permanent and stationary status to indicate the existence of permanent disability within the meaning of Labor Code Sec. 4660(d), which provides that…
19. LOS ANGELES v. SUPERIOR COURT
    Feb 25, 2008
    Claims presentation requirement of Government Claims Act does not preclude a class action for refund of utility user taxes from being brought on behalf of class members who did not present individual claims. Los Angeles County ordinance establishing procedures for presenting cert…
20. DOE v. SALESIAN SOCIETY
    Feb 25, 2008
    Claims by victims of alleged child molestation were time barred under Code of Civil Procedure Sec. 340.1 which precludes claims against alleged molester's employer after the victim's 26th birthday unless the plaintiff produces evidence that the employer knew or had reason…