CA Pub. Decisions

1. 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…
2. 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 />
3. 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.
4. GOOD V. SUPERIOR COURT
   Apr 9, 2008
   A modification decision.
5. 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…
6. 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…
7. LOS ANGELES V. CHEROKEE
   Apr 9, 2008
   Vehicle Code Sec. 21, which allows a city or county to adopt an ordinance establishing a pilot program to implement procedures for declaring a motor vehicle to be a public nuisance when used in commission of certain crimes and for removing the vehicle--excluding forfeiture--and w…
8. CYTODYN V. AMERIMMUNE PHARMACEUTICALS
   Apr 9, 2008
   Uniform Trade Secrets Act does not authorize an award of attorney fees when a claim of misappropriation of a patent or a trademark is made in bad faith; the act applies only to trade secrets. Defendants were not entitled to attorney fees based on licensing contract's indemnif…
9. DOUDA v. CALIFORNIA COASTAL COMMISSION
   Apr 9, 2008
   Coastal Commission has the power to unilaterally designate environmentally sensitive habitat areas and thereby prevent development prior to the certification of a local coastal program. Coastal Commission has the power to prevent development on property several miles from the oce…
10. HAMMOND v. LOS ANGELES
    Apr 9, 2008
    Plaintiff raised triable issues as to timeliness of her claims of age and race discrimination in violation of Fair Employment and Housing Act by presenting evidence supporting a reasonable inference that defendant engaged in acts some within the one year limitations period each o…
11. McCANN v. WHEELER
    Apr 9, 2008
    Where long time California resident sued asbestos manufacturer based on exposure that occurred in another state before plaintiff moved here, and defendant had no office in the latter state, did not engage in tortuous conduct in that state, and did not rely on protection of that s…
12. CANISTER v. EMERGENCY AMBULANCE SERVICE
    Apr 9, 2008
    Emergency medical technicians are health care providers protected by the Medical Injury Compensation Reform Act. Negligence of EMT in operating an ambulance qualifies as professional negligence when the EMT is rendering services that are identified with human health and for which…
13. TICCONI v. BLUE SHIELD OF CALIFORNIA
    Apr 9, 2008
    Trial court's denial of class certification in an unfair competition action against a health insurer for wrongful rescission of policies on basis of misrepresentations and post claims underwriting was erroneous as a matter of law; conclusion that defenses of fraud and unclean…
14. SHELLER v. FARMERS NEW WORLD LIFE INSURANCE COMPANY
    Apr 9, 2008
    A modification decision.
15. JESSEN v. MENTOR CORPORATION
    Apr 9, 2008
    A modifiation decision.
16. CHAVEZ v. LOS ANGELES
    Apr 9, 2008
    In ruling on motion for attorney fees by plaintiff who prevailed in Fair Employment and Housing Act case, trial court erred in denying fees solely because plaintiff's recovery was below the $25,000 threshold for general civil jurisdiction.
17. TAHERI LAW GROUP v. EVANS
    Apr 9, 2008
    Lawsuit brought by an attorney alleging that another attorney improperly solicited his client was subject to the anti SLAPP statute as it arose out of the second attorney's communications concerning pending litigation. A cause of action arising from a lawyer's conduct, wh…
18. In re RACHEL L.
    Apr 9, 2008
    California Constitution does not guarantee parents the right to home school children. Where children were "enrolled" in a private school but were in fact taught at home by parent who was not a credentialed teacher, such schooling did not comply with compulsory education l…
19. CITIGROUP, INC v. SCHACHTER
    Feb 25, 2008
    Incentive compensation plan that allows employees the option of using a portion of their annual earnings to purchase shares in employer's stock at a price below the stock's publicly traded market price, but requires employee to forfeit both the stock and the money used to…
20. PEOPLE v. LAWRENCE
    Feb 25, 2008
    Where defendant waived his right to counsel and invoked his right to self representation after trial court adequately advised him of dangers and advised him he would be afforded no special treatment, and waiver form defendant completed notified him of his rights and warned him ab…