CA Pub. Decisions

1. In re G.S.R.
   Apr 11, 2008
   Juvenile court erred where it terminated father's parental rights without first finding that father was unfit based on clear and convincing evidence, and where it based its decision on father's poverty. Remand was required to ensure compliance with Indian Child Welfare Ac…
2. BOEKEN v PHILIP MORRIS USA
   Apr 11, 2008
   Where smoker's wife brought initial loss of consortium claim that was dismissed with prejudice and after husband's death brought subsequent wrongful death action seeking damages for loss of consortium, subsequent claim involved same primary right as initial claim, and fin…
3. In re ANGEL L.,
   Apr 11, 2008
   Where juvenile court exercised emergency jurisdiction over children under Uniform Child Custody Jurisdiction and Enforcement Act, and children subsequently resided with parents in a state that did not assume permanent jurisdiction and was unable to provide needed services, juveni…
4. HARRINGTON v. PAYROLL ENTERTAINMENT SERVICES
   Apr 11, 2008
   Where plaintiff in dispute over overtime pay of $44.63 that was settled in plaintiff's favor for $10,500 asked trial court for $46,000 in attorney's fees, trial court erred in denying fees to plaintiff outright because plaintiff was entitled collect "reasonable" f…
5. GOLDMAN v. SIMPSON
   Apr 11, 2008
   Where defendant who no longer resided in California moved to vacate renewal of money judgment in favor of plaintiff, arguing that he had insufficient contacts with California to confer personal jurisdiction, trial court properly denied motion filed more than 30 days after service…
6. JENSEN v. SUPERIOR COURT OF LOS
   Apr 11, 2008
   Petitioner Robyn Jensen petitions for a writ of prohibition directing the trial court to take no further action other than to dismiss the charges against her on the basis of an alleged violation of her right to a speedy trial. (Pen. Code, 1382.) Court deny the petition. <br /&…
7. HENRY v. THE SUPERIOR COURT
   Apr 11, 2008
   Where plaintiff is injured through negligence, and the injuries are subsequently aggravated due to negligent medical care, Proposition 51's abolition of joint liability for noneconomic damages permits the original tortfeasor to reduce liability for such damages by showing tha…
8. PACIFIC, INC. v. THE SUPERIOR COURT
   Apr 11, 2008
   In a contractual arbitration, a neutral arbitratormust disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial[.] (Code Civ. Proc., 1281.9, subd. (a).) In this writ procee…
9. PEOPLE v. THE SUPERIOR COURT
   Apr 11, 2008
   Affirmative defenses of comparative fault and failure to mitigate damages are unavailable in an action by a public entity to recover firefighting costs from landowner negligently setting fire or allowing fire to spread to adjoining properties where application of such defense wou…
10. THE RIGHT SITE COALITION v. LOS ANGELES
    Apr 11, 2008
    Denial of application for preliminary injunction solely on the ground the balance of hardships favored defendant was error where trial court declined to consider the potential merit of plaintiff's claims, believing it was unnecessary to address that factor; proper test is to …
11. BURDETTE v. CARRIER CORPORATION
    Apr 11, 2008
    A modification decision.
12. GALLO CATTLE COMPANY v. KAWAMURA
    Apr 11, 2008
    In determining whether statutory assessment upon commodities producer for the purpose of stimulating sales of product through generic advertising violates state constitution's guarantee of free speech, court employs same analysis employed by U.S. Supreme Court under First Ame…
13. PEOPLE v. MAYBERRY
    Apr 11, 2008
    Standard weighted workout glove containing sand in the palm area is not "commonly known" as a "sandclub...or sandbag" and is not a "dangerous weapon" for which possession is proscribed by Penal Code Sec. 12020(a)(1).<br />
14. PEOPLE v. REYES
    Apr 11, 2008
    Trial court did not violate defendant's due process rights by instructing jury with CALCRIM No. 852, "Evidence of Uncharged Domestic Violence"; instruction that jurors may, but are not required to, treat uncharged crimes as proof of a propensity to commit domestic vio…
15. DRAPER v. NOBLE
    Apr 11, 2008
    A modification decision.
16. HULINGS v. STATE DEPARTMENT OF HEALTH CARE
    Apr 11, 2008
    Where peace officer employed by state agency under civil service system transferred from one agency to another but was rejected by latter agency before completing probationary period and granted mandatory reinstatement by former agency, former agency could not require that he und…
17. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM v. THE SUPERIOR COURT
    Apr 11, 2008
    Where state employee claimed that he was forced to resign in retaliation for complaints of wrongdoing, filed administrative California Whistleblower Protection Act complaint, and was provided the opportunity to submit evidence, name witnesses, and argue his claim to State Personn…
18. CALIFORNIA FACULTY ASSOCIATION v. PUBLIC EMPLOYMENT RELATIONS BOARD
    Apr 11, 2008
    Terms and conditions on which California State University provides parking to its employees--including where the employees are allowed to park--involve the employment relationship between the university and its employees, and Public Employment Relations Board determination to the…
19. VASQUEZ v. HAPPY VALLEY UNION SCHOOL DISTRICT
    Apr 11, 2008
    School district misclassified employee as a substitute rather than temporary or probationary teacher where she was hired to teach a newly created class and not to temporarily replace an absent teacher. Teacher was not entitled to tenure as a remedy for misclassification where she…
20. In re J.G.
    Apr 11, 2008
    Where prisoner filed petition for writ of habeas corpus challenging his classification as a "multijurisdiction prisoner" and denial of his request to appear in person at his "lifers hearing" before Board of Parole Hearings, substantive issues raised in petition we…