CA Pub. Decisions

1. In re REYNALDO CORONA
   Apr 11, 2008
   Condition that parolee, convicted of child molestation, waive his right to confidentiality of psychotherapist-patient communications and authorize his privately retained psychotherapist to communicate with the parole authority was unreasonable where state could not identify a nef…
2. DELLOCA v. THE BANK OF NEW YORK TRUST COMPANY
   Apr 9, 2008
   A modification decision.
3. PEOPLE v. CALVIN
   Apr 9, 2008
   Trial court did not err in denying defendant's motion to discharge jury panel on claim that prosecution's use of peremptory challenges to dismiss African-American potential jurors, which prosecutor justified in part by reference to dismissed potential jurors' skeptica…
4. PEOPLE v. THE PACIFIC LUMBER COMPANY
   Apr 9, 2008
   A modification decision.
5. PEOPLE v. RAMIREZ
   Apr 9, 2008
   Where defendant was given a suspended sentence and placed on probation, and entered into plea agreement for subsequent probation violation that allowed him to remain on probation, trial court lacked authority to increase defendant's unexecuted sentence from four to five years…
6. PEOPLE v. STONE
   Apr 9, 2008
   Standard instruction that jurors "compare and consider all the evidence that was received throughout the entire trial" could not mislead reasonable jurors into convicting a defendant based on evidence not amounting to proof beyond a reasonable doubt.<br />
7. SERVICE EMPLOYEES INTERNATIONAL UNION v. COLCORD
   Apr 9, 2008
   Where field representatives for labor union breached fiduciary duties by secretly participating in campaign to decertify the union that employed them, trial court properly awarded as damages the cost of defendant's union salary and benefits during the period in which the brea…
8. LUKE V. COLLOTYPE LABELS
   Apr 9, 2008
   Plaintiff's claim that he was terminated for advising coworkers to keep notes to "protect" themselves and to bring their complaints of unfair working conditions to management in violation of the public policy favoring disclosure of such conditions was preempted by the…
9. CITY OF FREMONT V. FISHER
   Apr 9, 2008
   Trial court erred in allowing property owners' expert to testify as to severance damages in eminent domain case despite owners' failure to establish that the temporary construction easement that was the subject of the action interfered with or injured their actual intende…
10. 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…
11. 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 />
12. 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.
13. GOOD V. SUPERIOR COURT
    Apr 9, 2008
    A modification decision.
14. 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…
15. 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…
16. 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…
17. 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…
18. 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…
19. 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…
20. 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…