CA Pub. Decisions

1. PEOPLE v. BEJARANO
   May 28, 2007
   A modification decision.
2. FERGUS v. SONGER Part I
   May 28, 2007
   It all started over a quarter of a century ago with a chunk of concrete hurled at Joseph Songer (respondent) by Lawrence Bordan, owner of the Pismo Beach Hotel. As a result of this assault, Songer obtained a money judgment against Bordan. Collection was another matter. If there w…
3. FERGUS v. SONGER Part II
   May 28, 2007
   It all started over a quarter of a century ago with a chunk of concrete hurled at Joseph Songer (respondent) by Lawrence Bordan, owner of the Pismo Beach Hotel. As a result of this assault, Songer obtained a money judgment against Bordan. Collection was another matter. If there w…
4. PEOPLE v. HERNDON
   May 28, 2007
   A modification decision.
5. BENN v. COUNTY OF LOS ANGELES Part I
   May 28, 2007
   Federal Adoption Assistance and Child Welfare Act does not create rights enforceable in a 42 U.S.C. Sec. 1983 civil rights action. Where foster care provider's contract with county provided that county could terminate "for convenience" when deemed in its best interest…
6. BENN v. COUNTY OF LOS ANGELES Part II
   May 28, 2007
   Federal Adoption Assistance and Child Welfare Act does not create rights enforceable in a 42 U.S.C. Sec. 1983 civil rights action. Where foster care provider's contract with county provided that county could terminate "for convenience" when deemed in its best interest…
7. PEOPLE v. ANDERSON
   May 28, 2007
   A modification decision.
8. ORR v. CITY OF STOCKTON
   May 28, 2007
   Filing of a petition to perpetuate testimony or preserve evidence under Code of Civil Procedure Secs. 2035.010 et seq. does not constitute the filing of a suit for purposes of satisfying the six-month statute of limitations set forth in Government Code Sec. 945.6 (a)(1), of the C…
9. HUTTON v. HAFIF Part I
   May 28, 2007
   Where plaintiff's malicious prosecution claim was based on a defamation action by her former attorney that had been dismissed pursuant to anti-SLAPP statute, her lawsuit was within statutory definition of a Code of Civil Procedure Sec. 425.18 (b)(1) SLAPPback action, and defe…
10. HUTTON v. HAFIF Part II
    May 28, 2007
    Where plaintiff's malicious prosecution claim was based on a defamation action by her former attorney that had been dismissed pursuant to anti SLAPP statute, her lawsuit was within statutory definition of a Code of Civil Procedure Sec. 425.18 (b)(1) SLAPPback action, and defe…
11. PACIFIC BUSINESS CONNECTIONS, INC v. ST. PAUL SURPLUS LINES INSURANCE COMPANY
    May 28, 2007
    Following the denial of its insurance claim, appellant Pacific Business Connections, Inc. (PBC) brought this action against its insurer, respondent St. Paul Surplus Lines Insurance Company (St. Paul). St. Paul asserted that it was required to cancel the insurance policy pursuant …
12. MALAIS v. LOS ANGELES CITY FIRE DEPARTMENT
    May 28, 2007
    Assignment of firefighter, who lost leg in work-related accident, to duty involving training of firefighters instead of desired position at a fire station was not an adverse employment action, and thus did not violate Fair Employment and Housing Act or fundamental public policy, …
13. PCO, INC., v. CHRISTENSEN
    May 28, 2007
    In action against law firm and one of its attorneys in which plaintiff alleged that attorney a "non equity partner" in the firm improperly obtained moneys from a criminal client, who in turn had wrongfully obtained those moneys from plaintiff, evidence that firm's Web…
14. PEOPLE v. THOMAS Part I
    May 28, 2007
    Judicial Council's approval of CALCRIM standard instructions and withdrawal of previous endorsement of CALJIC instructions did not preclude judge from giving legally sound and properly worded CALJIC instruction. Giving of outmoded instruction, even if error, is subject to har…
15. PEOPLE v. THOMAS Part II
    May 28, 2007
    Judicial Council's approval of CALCRIM standard instructions and withdrawal of previous endorsement of CALJIC instructions did not preclude judge from giving legally sound and properly worded CALJIC instruction. Giving of outmoded instruction, even if error, is subject to har…
16. IMAGISTICS INTERNATIONAL, INC., v. DEPARTMENT OF GENERAL SERVICES
    May 28, 2007
    Following the rejection of its protest to the award of a public contract to real party in interest Sharp Electronics Corp. (Sharp), plaintiff Imagistics International, Inc. (Imagistics) filed the present petition for a peremptory writ of mandate directing defendant DGS to accept …
17. PEOPLE v. MACKLEM
    May 28, 2007
    A modification decision.
18. EL DORADO MEAT COMPANY v. YOSEMITE MEAT AND LOCKER SERVICE, INC.
    May 28, 2007
    Cost award of more than $140,000 to prevailing plaintiff in complex business litigation was not an abuse of discretion where costs were incurred in summarizing voluminous data crucial to plaintiff's claims, for copying of exhibits at reasonable rates, and for equipment to pro…
19. CAROL FIORENTINO v. CITY OF FRESNO
    May 28, 2007
    Public Resources Code Sec. 21167.4 requires dismissal of a CEQA petition on motion of the court or an interested party where plaintiffs do not file a request for hearing within 90 days of filing their petition even if the petition is filed prior to motion to dismiss. Denial of mo…
20. COUNTY OF ORANGE v. BARRATT AMERICAN, INC
    May 28, 2007
    Under Government Code Sec. 66016(a), which provides that if local agency overcollects building inspection and permit fees, surplus "shall be used to reduce the fee or service charge creating the excess," county may meet its duty to reduce fees in the event of surplus by n…