CA Pub. Decisions

1. MURPHY v. CHECK N GO OF CALIFORNIA
   Feb 13, 2008
   A modification decision.
2. 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.
3. SECURITY NATIONAL GUARANTY, INC v. CALIFORNIA COASTAL COMMISSION PART II
   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.
4. NORTHWEST ENERGETIC SERVICES v. CALIFORNIA FRANCHISE TAX BOARD PART I
   Feb 13, 2008
   Former Revenue and Taxation Code Sec. 17942, which imposed a levy on limited liability companies registered to do business in California, measured by the limited liability company's total income regardless of whether the income derived from or was attributable to business wit…
5. NORTHWEST ENERGETIC SERVICES v. CALIFORNIA FRANCHISE TAX BOARD PART II
   Feb 13, 2008
   Former Revenue and Taxation Code Sec. 17942, which imposed a levy on limited liability companies registered to do business in California, measured by the limited liability company's total income regardless of whether the income derived from or was attributable to business wit…
6. NORTHWEST ENERGETIC SERVICES v. CALIFORNIA FRANCHISE TAX BOARD PART III
   Feb 13, 2008
   Former Revenue and Taxation Code Sec. 17942, which imposed a levy on limited liability companies registered to do business in California, measured by the limited liability company's total income regardless of whether the income derived from or was attributable to business wit…
7. FISCAL v. CITY AND COUNTY OF SAN FRANCISCO Part I
   Feb 13, 2008
   State law including Penal Code Sec. 12026, which prohibits localities from restricting handgun possession in an individual's home, business, or private property; Government Code Sec. 53071, which indicates express intent by legislature to occupy whole field of firearms regist…
8. FISCAL v. CITY AND COUNTY OF SAN FRANCISCO Part II
   Feb 13, 2008
   State law including Penal Code Sec. 12026, which prohibits localities from restricting handgun possession in an individual's home, business, or private property; Government Code Sec. 53071, which indicates express intent by legislature to occupy whole field of firearms regist…
9. THE PEOPLE v. SUDAR
   Feb 13, 2008
   Statutory deadline for filing petition to extend commitment of defendant found not guilty by reason of insanity is not jurisdictional, and filing of petition 16 days past deadline did not deprive defendant of due process where trial was held prior to date defendant would otherwis…
10. COASTSIDE FISHING CLUB v. CALIFORNIA RESOURCES AGENCY PART I
    Feb 13, 2008
    Agreement between state and nonprofit private entity, by which that entity agreed to fund project that legislature authorized but failed to sufficiently fund, did not violate constitutional separation of powers where the agreement was within the scope of statutory contracting aut…
11. COASTSIDE FISHING CLUB v. CALIFORNIA RESOURCES AGENCY PART II
    Feb 13, 2008
    Agreement between state and nonprofit private entity, by which that entity agreed to fund project that legislature authorized but failed to sufficiently fund, did not violate constitutional separation of powers where the agreement was within the scope of statutory contracting aut…
12. In re the Marriage of AUBIN BARTHOLD
    Feb 13, 2008
    Trial court's inherent authority to correct its own errors applies in circumstances where court was prompted to reconsider its prior ruling by a motion to reconsider that was filed in violation of Code of Civil Procedure Sec. 1008, which sets strict standards for such motions…
13. WELLS FARGO BANK v. THE SUPERIORCOURTOFSAN FRANCISCO COUNTY
    Feb 13, 2008
    Securities Litigation Uniform Standards Act of 1998 precludes state law action by beneficiaries of trust administered by bank from suing bank for alleged misrepresentations and omission of material facts with respect to investment practices; such action was "in connection wit…
14. THE PEOPLE v. WILLIAMS
    Feb 13, 2008
    Evidence Code Sec. 1109(a)(2), which authorizes the admission of evidence of prior acts of abuse of an elderly or dependent adult to prove a propensity to abuse such persons, subject to the court's discretion to exclude evidence that is unduly prejudicial or time consuming, o…
15. In re KENNETH
    Feb 13, 2008
    Juvenile court cannot consider deferred entry of judgment under Welfare and Institutions Code Sec. 791 unless juvenile admits allegations of petition and waives right to jurisdictional hearing.
16. THE PEOPLE v. HUA
    Feb 13, 2008
    Prevention of destruction of evidence was not an exigent circumstance justifying police officers' warrantless entry into residence where only crime of which police were aware possession of marijuana was a nonjailable offense.
17. CROWLEY MARITIME CORPORATION v. BOSTON OLD COLONY INSURANCE COMPANY
    Feb 13, 2008
    Where liability insurer settled claims against its insured, then sued third party insurers for equitable contribution, the contribution claim did not arise from insurance contracts between insured and third party insurer so arbitration clauses of those contacts did not apply. Thi…
18. CITIZENS FOR RESPONSIBLE OPEN SPACE v. SAN MATEO COUNTY LOCAL AGENCY FORMATION C
    Feb 13, 2008
    Where municipal district annexed property pursuant to Cortese Knox Hertzberg Act, trial court's decision that county local agency formation commission substantially complied with Government Code Sec. 57026(e) was not error even though commission failed to comply with statute&…
19. GOOD v. THE SUPERIOR COURT PART I
    Feb 13, 2008
    Proposition 69, the DNA Fingerprint, Unsolved Crime and Innocence Protection Act of 2004, requires misdemeanants who must register as sex offenders to provide DNA samples, regardless of whether the conviction triggering the registration requirement occurred before or after the in…
20. GOOD v. THE SUPERIOR COURT PART II
    Feb 13, 2008
    Proposition 69, the DNA Fingerprint, Unsolved Crime and Innocence Protection Act of 2004, requires misdemeanants who must register as sex offenders to provide DNA samples, regardless of whether the conviction triggering the registration requirement occurred before or after the in…