CA Pub. Decisions

1. 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…
2. THE PEOPLE v. ANAYA
   Feb 25, 2008
   A modification decision.
3. PEOPLE v. REYES
   Feb 25, 2008
   A modification deision.
4. 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…
5. 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…
6. 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 …
7. 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…
8. 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 …
9. 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 …
10. 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…
11. 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.
12. 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…
13. 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…
14. 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…
15. 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…
16. In re MARIAH T.
    Feb 25, 2008
    Welfare and Institutions Code Sec. 300(a), which allows dependency court to take jurisdiction of minor if child has suffered or is at a substantial risk of suffering "serious physical harm inflicted nonaccidentally" by a parent or guardian, but excepts from phrase any &#3…
17. BRUYN v. THE SUPERIOR COURT
    Feb 25, 2008
    Insurance Code Sec. 530 and the "efficient proximate cause" doctrine that it codifies do not require homeowners' insurer, under policy covering losses to the dwelling and personal property caused by a sudden and accidental discharge of water from any plumbing or house…
18. PUERTO v. THE SUPERIOR COURT PART I
    Feb 25, 2008
    Trial court abused its discretion by limiting plaintiffs' discovery of addresses and telephone numbers of persons identified by defendant as having potentially discoverable information to those persons willing to have their addresses and phone numbers disclosed in response to…
19. PUERTO v. THE SUPERIOR COURT PART II
    Feb 25, 2008
    Trial court abused its discretion by limiting plaintiffs' discovery of addresses and telephone numbers of persons identified by defendant as having potentially discoverable information to those persons willing to have their addresses and phone numbers disclosed in response to…
20. DEVELOPMENT v. 607 SOUTH PARK
    Feb 25, 2008
    Where defendant limited liability company entered into contract to sell real property to partnership, and partnership subsequently assigned rights under contract to plaintiff limited liability company that did not exist at time of contract formation, plaintiff could enforce any p…