CA Pub. Decisions

1. THE PEOPLE v. JEFFERSON
   Feb 16, 2008
   Where police bugged jail cell and placed defendants in cell together hoping they would talk, such action was not "interrogation"; trial court did not violate defendants' Fifth Amendment or Miranda rights when it admitted tape of conversation into evidence. Where defen…
2. In re Marriage of JEFFREY W. and MARTHA ROTHROCK
   Feb 16, 2008
   Annuity purchased from undifferentiated and unallocated personal injury settlement is not income for purpose of calculating child support. Trial court did not violate wife's right to due process by considering husband's supplemental trial memorandum, which was filed late …
3. THE PEOPLE v. GARCIA,
   Feb 16, 2008
   Trial court was not required to conduct a full evidentiary hearing on the question of defendant's competence where doubt as to competence was expressed by defense counsel whom defendant discharged in order to represent himself, but not by the judge, and there was no substanti…
4. BOOTH v. SANTA BARBARA BIPLANES
   Feb 16, 2008
   Waiver and release by which plaintiffs, participants in an aerial sightseeing tour, agreed to "voluntarily assume all risk, known and unknown, of injuries, however caused, even if caused in whole or in part by the action, inaction, or negligence of the released parties to the…
5. COMMUNITIES FOR A BETTER ENVIRONMENT v. SOUTH COAST AIR QUALITY MANAGEMENT DISTR
   Feb 16, 2008
   Southern California Air Quality Management District abused its discretion in issuing a negative declaration for a diesel fuel manufacturing project where opponents offered substantial evidence supporting a fair argument that the project's nitrogen dioxide emissions may have a…
6. COMMUNITIES FOR A BETTER ENVIRONMENT v. SOUTH COAST AIR QUALITY MANAG PART I
   Feb 16, 2008
   Southern California Air Quality Management District abused its discretion in issuing a negative declaration for a diesel fuel manufacturing project where opponents offered substantial evidence supporting a fair argument that the project's nitrogen dioxide emissions may have a…
7. COMMUNITIES FOR A BETTER ENVIRONMENT v. SOUTH COAST AIR QUALITY MANAG PART II
   Feb 16, 2008
   Southern California Air Quality Management District abused its discretion in issuing a negative declaration for a diesel fuel manufacturing project where opponents offered substantial evidence supporting a fair argument that the project's nitrogen dioxide emissions may have a…
8. COMMUNITIES FOR A BETTER ENVIRONMENT v. SOUTH COAST AIR QUALITY MANAG PART III
   Feb 16, 2008
   Southern California Air Quality Management District abused its discretion in issuing a negative declaration for a diesel fuel manufacturing project where opponents offered substantial evidence supporting a fair argument that the project's nitrogen dioxide emissions may have a…
9. COMMUNITIES FOR A BETTER ENVIRONMENT v. SOUTH COAST AIR QUALITY MANAG PART IV
   Feb 16, 2008
   Southern California Air Quality Management District abused its discretion in issuing a negative declaration for a diesel fuel manufacturing project where opponents offered substantial evidence supporting a fair argument that the project's nitrogen dioxide emissions may have a…
10. DELLOCA v. THE BANK OF NEW YORK TRUST COMPANY Part II
    Feb 13, 2008
    Where parties and judge in suit against defendant for breaching indenture agreement agreed to procedure whereby judge reviewed pleadings submitted by parties and issued tentative ruling, held telephonic hearing while judge was out of state, and prepared and electronically transmi…
11. DELLOCA v. THE BANK OF NEW YORK TRUST COMPANY Part I
    Feb 13, 2008
    Where parties and judge in suit against defendant for breaching indenture agreement agreed to procedure whereby judge reviewed pleadings submitted by parties and issued tentative ruling, held telephonic hearing while judge was out of state, and prepared and electronically transmi…
12. THE PEOPLE v. THE PACIFIC LUMBER COMPANY Part I
    Feb 13, 2008
    Absolute litigation privilege of Civil Code Sec. 47(b) applies in action brought by public entity under Unfair Competition Law. Noerr Pennington doctrine, under which "[t]hose who petition the government...are generally immune from antitrust liability," bars unfair compet…
13. THE PEOPLE v. THE PACIFIC LUMBER COMPANY Part II
    Feb 13, 2008
    Absolute litigation privilege of Civil Code Sec. 47(b) applies in action brought by public entity under Unfair Competition Law. Noerr Pennington doctrine, under which "[t]hose who petition the government are generally immune from antitrust liability," bars unfair competit…
14. S&S CUMMINS CORPORATION v. WEST BAY BUILDERS Part I
    Feb 13, 2008
    Statutory prompt payment charges imposed under subdivision (f) of Public Contract Code Sec. 7107 cease to accrue upon entry of judgment and are not compounded on a monthly basis.
15. S&S CUMMINS CORPORATION v. WEST BAY BUILDERS Part II
    Feb 13, 2008
    Statutory prompt payment charges imposed under subdivision (f) of Public Contract Code Sec. 7107 cease to accrue upon entry of judgment and are not compounded on a monthly basis.
16. WINSTON LAMBERT v. CHRIS CARNEGHI
    Feb 13, 2008
    Fire appraisal proceeding pursuant to Insurance Code Sec. 2071 is an arbitration, so appraiser is immune from action alleging insufficient efforts to advance the position of the party designating the defendant as appraiser. Litigation privilege is not a defense in action brought …
17. WINSTON LAMBERT v. CHRIS CARNEGHI Part II
    Feb 13, 2008
    Fire appraisal proceeding pursuant to Insurance Code Sec. 2071 is an arbitration, so appraiser is immune from action alleging insufficient efforts to advance the position of the party designating the defendant as appraiser. Litigation privilege is not a defense in action brought …
18. IOLA FRASTACI v. VAPOR CORPORATION
    Feb 13, 2008
    Federal Locomotive Boiler Inspection Act preempts railroad employees' state law actions against manufacturers of locomotives containing asbestos materials, regardless of whether asbestos exposure occurring during repairs or when the trains were in use.
19. MURPHY v. CHECK N GO OF CALIFORNIA
    Feb 13, 2008
    A modification decision.
20. SECURITY NATIONAL GUARANTY, INC v. CALIFORNIA COASTAL COMMISSION PART I
    Feb 13, 2008
    California Coastal Act of 1976 does not empower the California Coastal Commission to declare that property is an "environmentally sensitive habitat area" during an administrative appeal from a local government's grant of a coastal development permit.