CA Pub. Decisions

1. HULINGS v. STATE DEPARTMENT OF HEALTH CARE
   Apr 11, 2008
   Where peace officer employed by state agency under civil service system transferred from one agency to another but was rejected by latter agency before completing probationary period and granted mandatory reinstatement by former agency, former agency could not require that he und…
2. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM v. THE SUPERIOR COURT
   Apr 11, 2008
   Where state employee claimed that he was forced to resign in retaliation for complaints of wrongdoing, filed administrative California Whistleblower Protection Act complaint, and was provided the opportunity to submit evidence, name witnesses, and argue his claim to State Personn…
3. CALIFORNIA FACULTY ASSOCIATION v. PUBLIC EMPLOYMENT RELATIONS BOARD
   Apr 11, 2008
   Terms and conditions on which California State University provides parking to its employees--including where the employees are allowed to park--involve the employment relationship between the university and its employees, and Public Employment Relations Board determination to the…
4. VASQUEZ v. HAPPY VALLEY UNION SCHOOL DISTRICT
   Apr 11, 2008
   School district misclassified employee as a substitute rather than temporary or probationary teacher where she was hired to teach a newly created class and not to temporarily replace an absent teacher. Teacher was not entitled to tenure as a remedy for misclassification where she…
5. In re J.G.
   Apr 11, 2008
   Where prisoner filed petition for writ of habeas corpus challenging his classification as a "multijurisdiction prisoner" and denial of his request to appear in person at his "lifers hearing" before Board of Parole Hearings, substantive issues raised in petition we…
6. In re REYNALDO CORONA
   Apr 11, 2008
   Condition that parolee, convicted of child molestation, waive his right to confidentiality of psychotherapist-patient communications and authorize his privately retained psychotherapist to communicate with the parole authority was unreasonable where state could not identify a nef…
7. DELLOCA v. THE BANK OF NEW YORK TRUST COMPANY
   Apr 9, 2008
   A modification decision.
8. PEOPLE v. CALVIN
   Apr 9, 2008
   Trial court did not err in denying defendant's motion to discharge jury panel on claim that prosecution's use of peremptory challenges to dismiss African-American potential jurors, which prosecutor justified in part by reference to dismissed potential jurors' skeptica…
9. PEOPLE v. THE PACIFIC LUMBER COMPANY
   Apr 9, 2008
   A modification decision.
10. PEOPLE v. RAMIREZ
    Apr 9, 2008
    Where defendant was given a suspended sentence and placed on probation, and entered into plea agreement for subsequent probation violation that allowed him to remain on probation, trial court lacked authority to increase defendant's unexecuted sentence from four to five years…
11. PEOPLE v. STONE
    Apr 9, 2008
    Standard instruction that jurors "compare and consider all the evidence that was received throughout the entire trial" could not mislead reasonable jurors into convicting a defendant based on evidence not amounting to proof beyond a reasonable doubt.<br />
12. SERVICE EMPLOYEES INTERNATIONAL UNION v. COLCORD
    Apr 9, 2008
    Where field representatives for labor union breached fiduciary duties by secretly participating in campaign to decertify the union that employed them, trial court properly awarded as damages the cost of defendant's union salary and benefits during the period in which the brea…
13. LUKE V. COLLOTYPE LABELS
    Apr 9, 2008
    Plaintiff's claim that he was terminated for advising coworkers to keep notes to "protect" themselves and to bring their complaints of unfair working conditions to management in violation of the public policy favoring disclosure of such conditions was preempted by the…
14. CITY OF FREMONT V. FISHER
    Apr 9, 2008
    Trial court erred in allowing property owners' expert to testify as to severance damages in eminent domain case despite owners' failure to establish that the temporary construction easement that was the subject of the action interfered with or injured their actual intende…
15. COHEN V. FIVE BROOKS STABLE
    Apr 9, 2008
    Plaintiff, who fell from a horse during a guided trail ride, did not release the provider of the horse and guide from liability for injuries caused when guide suddenly caused his horse to gallop without warning the other riders, thereby causing plaintiff's horse also to gallo…
16. In re J.L.
    Apr 9, 2008
    Man shown by paternity tests to be biological father of dependent child, whose mother was unmarried, had standing to move to set aside voluntary declaration of paternity by mother's boyfriend.<br />
17. WHITLOCK V. FOSTER WHEELER
    Apr 9, 2008
    Trial court did not abuse its discretion in granting new trial based on misconduct of juror who, contrary to instructions, referred in deliberations to his specialized training and experience as reasons for his conclusion regarding "hotly contested" issues.
18. GOOD V. SUPERIOR COURT
    Apr 9, 2008
    A modification decision.
19. In re USEF S.,
    Apr 9, 2008
    Where minor declines to admit allegations against him and calls for a contested jurisdictional hearing, the minor no longer qualifies for deferred entry of judgment consideration under Welfare and Institutions Code Sec. 791(b). Juvenile court, upon finding that minor committed an…
20. DELL, INC v. THE SUPERIOR COURT
    Apr 9, 2008
    Optional service contracts sold by computer manufacturer to its consumers at time of computer purchase are not tangible personal property and are exempt from taxation, even if computers and service contracts are sold for a single lump-sum price, without a separate statement on th…