CA Pub. Decisions

1. P. v. Qazza
   Jan 31, 2009
   Suleiman Abd Qazza (appellant) appeals from the denial of his motion to vacate a 1994 no contest plea. We appointed counsel to represent him on appeal. Counsel filed a brief that set forth the facts and procedural history of the case. Counsel presented no argument for reversal bu…
2. NADAF-RAHROV v. NEIMAN MARCUS GROUP, INC
   Oct 10, 2008
   Trial court erred in granting summary judgment for department store chain on former employee's claim under federal Fair Employment and Housing Act Sec. 12940(a) for disability discrimination because a triable issue of fact existed as to plaintiff's ability to work with ac…
3. CENTER FOR BIOLOGICAL DIVERSITY, INC v. FPL GROUP, INC
   Oct 10, 2008
   While private parties may, under appropriate circumstances, bring an action for the violation of the public trust doctrine arising from the destruction of wildlife, such an action will not lie where the alleged violation consists of the operation of wind turbines in a manner perm…
4. COUNTY OF HUMBOLDT v. McKEE
   Oct 10, 2008
   A modification decision.
5. CLARK v. OPTICAL COATING LABORATORY, INC., PART I
   Jul 29, 2008
   Award of attorney's fees as sanctions for violation of in limine order was neither within the court's inherent powers nor authorized by statute. Mutual agreement by parties to an in limine order will not authorize imposition of monetary sanctions as a remedy unless the ag…
6. PEOPLE v. WILEN PART I
   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 …
7. 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 …
8. 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…
9. 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…
10. 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…
11. 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…
12. 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…
13. 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…
14. 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…
15. 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…
16. 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…
17. 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&#…
18. 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&#…
19. 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&#…
20. 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&#…