CA Pub. Decisions

1. 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…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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…
9. 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…
10. ZEVNIK v. THE SUPERIOR COURT
    Feb 25, 2008
    Where a trial court relies on alternative grounds to support its decision and an appellate court affirms decision based on fewer than all of those grounds, only grounds relied on by appellate court can establish collateral estoppel.
11. HERITAGE PROVIDER NETWORK v. THE SUPERIOR COURT
    Feb 25, 2008
    Where doctors quit one medical group and joined another, group that formerly employed physicians sued them and the group they had joined, and physicians successfully petitioned to compel arbitration of their former employer's claims against them, trial court was required by C…
12. In re JAMES W.
    Feb 25, 2008
    Where juvenile court appointed guardian ad litem for parent in dependency proceedings and subsequently terminated parental rights, its failure to explain guardian ad litem to parent and to give parent meaningful opportunity to be heard in opposition to appointment was error, but …
13. McGARRY v. SAX PART I
    Feb 25, 2008
    Primary assumption of risk doctrine barred action by plaintiff injured while attending skateboarding exhibition at which one of the performers threw a skateboard deck into the crowd, resulting in jostling among spectators seeking to retrieve the deck, which was the alleged cause …
14. McGARRY v. SAX PART II
    Feb 25, 2008
    Primary assumption of risk doctrine barred action by plaintiff injured while attending skateboarding exhibition at which one of the performers threw a skateboard deck into the crowd, resulting in jostling among spectators seeking to retrieve the deck, which was the alleged cause …
15. BURDETTE v. CARRIER CORPORATION PART I
    Feb 25, 2008
    Where plaintiff's defamation claim against his former employer, based on alleged statements by one named and other unnamed co employees, was fully resolved on its merits, plaintiff's subsequent defamation claim against same defendant based upon statements allegedly made b…
16. BURDETTE v. CARRIER CORPORATION PART II
    Feb 25, 2008
    Where plaintiff's defamation claim against his former employer, based on alleged statements by one named and other unnamed co employees, was fully resolved on its merits, plaintiff's subsequent defamation claim against same defendant based upon statements allegedly made b…
17. THE PEOPLE v. MATYE
    Feb 25, 2008
    Where defendant physically assaulted, threatened, and falsely imprisoned his 60 year old mother who was partially paralyzed on one side of her body, his conviction under Penal Code Sec. 368 was supported by sufficient evidence that he had willfully injured and falsely imprisoned …
18. THE PEOPLE v. GILL PART I
    Feb 25, 2008
    Defendant was properly convicted of burglarizing his own home where he returned and forcibly entered, with intent to sexually assault his wife, after wife told him to leave the residence and he did so, turning over his keys to wife.
19. THE PEOPLE v. GILL PART II
    Feb 25, 2008
    Defendant was properly convicted of burglarizing his own home where he returned and forcibly entered, with intent to sexually assault his wife, after wife told him to leave the residence and he did so, turning over his keys to wife.
20. THE PEOPLE v. GILL PART III
    Feb 25, 2008
    Defendant was properly convicted of burglarizing his own home where he returned and forcibly entered, with intent to sexually assault his wife, after wife told him to leave the residence and he did so, turning over his keys to wife.