CA Pub. Decisions

1. PEOPLE v. KARRIKER
   Jun 7, 2007
   A modification decision.
2. In re JACLYN S.
   Jun 7, 2007
   Appointment of guardian ad litem for mother of dependent child was error where mother's agreement to the appointment was secured without a clear explanation to her of the consequences and where there was no convincing evidence that mother either lacked the capacity to underst…
3. CITIZENS FOR A MEGAPLEX-FREE ALAMEDA v. CITY OF ALAMEDA
   Jun 7, 2007
   A modification decision.
4. PEOPLE v. DIAZ Part I
   Jun 7, 2007
   Appellate challenge to sentence as being based on judicial factfinding in violation of federal constitutional right to jury trial was not waived by lack of objection in trial court, where such objection would have been futile according to then-controlling California Supreme Court…
5. PEOPLE v. DIAZ Part II
   Jun 7, 2007
   Appellate challenge to sentence as being based on judicial factfinding in violation of federal constitutional right to jury trial was not waived by lack of objection in trial court, where such objection would have been futile according to then-controlling California Supreme Court…
6. HEIMAN v. WORKERS COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA
   Jun 7, 2007
   A modification decision.
7. JORDAN v. ALLSTATE INSURANCE COMPANY
   Jun 7, 2007
   A modification decision.
8. VAN HORN v. WATSON
   Jun 7, 2007
   A modification decision.
9. PEOPLE v. TOWERS
   Jun 7, 2007
   Conviction for oral copulation was not a "strike" under Three Strikes Law where record did not negate possibility that offense was classified as a felony solely because it was committed by threatening retaliation, in which case it was not a serious felony as defined by st…
10. In re IMRAN Q.
    Jun 7, 2007
    A modification decision.
11. CASTILLO v. PACHECO
    Jun 7, 2007
    Cause of action against a person arising from an act of that person in furtherance of his or her right of free exercise of religion is not subject to special motion to strike under anti SLAPP statute, which does not import First Amendment protections wholesale but specifically de…
12. BENACH v. COUNTY OF LOS ANGELES Paqrt I
    Jun 7, 2007
    Undisputed evidence that peace officer was transferred from one bureau to another at the same rank and rate of pay for the purpose of improving harmony and cooperation among employees who had complained about transferred officer's personality established as a matter of law th…
13. BENACH v. COUNTY OF LOS ANGELES Part II
    Jun 7, 2007
    Undisputed evidence that peace officer was transferred from one bureau to another at the same rank and rate of pay for the purpose of improving harmony and cooperation among employees who had complained about transferred officer's personality established as a matter of law th…
14. ON-LINE POWER, INC. v. MAZUR
    Jun 7, 2007
    Labor Code provisions ensuring an employee's right to payment of wages apply to salaried corporate executives.
15. PEOPLE v. SMITH
    Jun 7, 2007
    Trial court properly imposed a deadly weapon use enhancement under Penal Code Sec. 12022(b)(1) where defendant used a knife to kill a dog and was convicted of animal cruelty. Statute does not limit enhancement's application to attacks on human beings, and use of a knife or ot…
16. L&B REAL ESTATE v.HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES
    Jun 7, 2007
    Tax deed was void where records showing property to have been owned by a private individual were erroneous, and property was in fact owned by a public entity exempt from taxation. Failure to comply with statutory requirement that notice of acquisition of property by a tax exempt …
17. ROSSCO HOLDINGS INC. v. BANK OF AMERICA
    Jun 7, 2007
    Where it was discovered after arbitration that the judge who granted order compelling arbitration had, prior to granting such order, engaged in discussions concerning possible employment as a dispute resolution neutral, it was proper to disqualify judge who granted the order comp…
18. PEOPLE v. CHAVEZ
    Jun 7, 2007
    Defendant convicted of cocaine possession is subject to mandatory financial penalties, including criminal laboratory analysis fee in the amount of $50, a drug laboratory fine under Penal Code Sec. 1464(a) in the sum of $50, a $35 assessment under Government Code Sec. 76000(a), a …
19. GIULIANO III v. INLAND EMPIRE PERSONNEL, INC,
    Jun 7, 2007
    Federal Arbitration Act Sec. 2, which mandates the enforcement of arbitration clauses in contracts involving interstate commerce, preempts Labor Code Sec. 229 to extent that section guarantees workers a judicial forum for unpaid wage claims. Section 2 indisputably applied where e…
20. ANDERSEN v. WORKERS' COMPENSATION APPEALS BOARD, CITY OF SANTA BARBARA
    Jun 7, 2007
    City may not force worker to use vacation time rather than sick leave to obtain medical care for industrial injuries if it permits employees to use sick leave to obtain treatment for nonindustrial injuries; such discrimination violates Labor Code Sec. 132a, which takes precedence…