CA Pub. Decisions

1. 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.
2. 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…
3. 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…
4. 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…
5. 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…
6. 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 />
7. TITAN ELECTRIC CORPORATION v. LOS ANGELES UNIFIED SCHOOL
   Apr 11, 2008
   Substitution of subcontractor under Public Contract Code Sec. 4107, which limits the circumstances under which substitution can be made and requires the consent of the authority that awarded the contract to the substitution, permits such consent to be given after the substitute s…
8. STROUD v. TUNZI
   Apr 11, 2008
   Modifications of attorney fee agreement were invalid as noncompliant with Business and Professions Code Sec. 6147, a State Bar Act provision setting requirements for contingent fee agreements, where clients did not sign the documents, and the documents did not state the contingen…
9. COOPER v. COOPER
   Apr 11, 2008
   Where employee spouse elected retirement option that provided nonemployee spouse with a survivor benefit while reducing benefits payable to employee spouse--such election being irrevocable unless upon dissolution of the parties' marriage the total interest in the retirement p…
10. QUIHUIS v. LOS ANGELES
    Apr 11, 2008
    A modification decision.
11. PEOPLE v REYES
    Apr 11, 2008
    A modification decision.
12. In re G.S.R.
    Apr 11, 2008
    Juvenile court erred where it terminated father's parental rights without first finding that father was unfit based on clear and convincing evidence, and where it based its decision on father's poverty. Remand was required to ensure compliance with Indian Child Welfare Ac…
13. BOEKEN v PHILIP MORRIS USA
    Apr 11, 2008
    Where smoker's wife brought initial loss of consortium claim that was dismissed with prejudice and after husband's death brought subsequent wrongful death action seeking damages for loss of consortium, subsequent claim involved same primary right as initial claim, and fin…
14. In re ANGEL L.,
    Apr 11, 2008
    Where juvenile court exercised emergency jurisdiction over children under Uniform Child Custody Jurisdiction and Enforcement Act, and children subsequently resided with parents in a state that did not assume permanent jurisdiction and was unable to provide needed services, juveni…
15. HARRINGTON v. PAYROLL ENTERTAINMENT SERVICES
    Apr 11, 2008
    Where plaintiff in dispute over overtime pay of $44.63 that was settled in plaintiff's favor for $10,500 asked trial court for $46,000 in attorney's fees, trial court erred in denying fees to plaintiff outright because plaintiff was entitled collect "reasonable" f…
16. GOLDMAN v. SIMPSON
    Apr 11, 2008
    Where defendant who no longer resided in California moved to vacate renewal of money judgment in favor of plaintiff, arguing that he had insufficient contacts with California to confer personal jurisdiction, trial court properly denied motion filed more than 30 days after service…
17. JENSEN v. SUPERIOR COURT OF LOS
    Apr 11, 2008
    Petitioner Robyn Jensen petitions for a writ of prohibition directing the trial court to take no further action other than to dismiss the charges against her on the basis of an alleged violation of her right to a speedy trial. (Pen. Code, 1382.) Court deny the petition. <br /&…
18. HENRY v. THE SUPERIOR COURT
    Apr 11, 2008
    Where plaintiff is injured through negligence, and the injuries are subsequently aggravated due to negligent medical care, Proposition 51's abolition of joint liability for noneconomic damages permits the original tortfeasor to reduce liability for such damages by showing tha…
19. PACIFIC, INC. v. THE SUPERIOR COURT
    Apr 11, 2008
    In a contractual arbitration, a neutral arbitratormust disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial[.] (Code Civ. Proc., 1281.9, subd. (a).) In this writ procee…
20. PEOPLE v. THE SUPERIOR COURT
    Apr 11, 2008
    Affirmative defenses of comparative fault and failure to mitigate damages are unavailable in an action by a public entity to recover firefighting costs from landowner negligently setting fire or allowing fire to spread to adjoining properties where application of such defense wou…