CA Pub. Decisions

1. In re MARK B.
   Jun 7, 2007
   A modification decision.
2. COUNTY OF AMADOR v. CITY OF PLYMOUTH Part I
   Jun 7, 2007
   Agreement obligating city to vacate a portion of a city road to provide access to a proposed casino hotel, to remodel an existing fire station in order to serve the hotel property, and to construct connections to the casino's sewer and water systems and to increase their capa…
3. COUNTY OF AMADOR v. CITY OF PLYMOUTH Part II
   Jun 7, 2007
   Agreement obligating city to vacate a portion of a city road to provide access to a proposed casino hotel, to remodel an existing fire station in order to serve the hotel property, and to construct connections to the casino's sewer and water systems and to increase their capa…
4. CONDON-JOHNSON & ASSOCIATES, INC., v. SACRAMENTO MUNICIPAL UTILITY DIST. Part I
   Jun 7, 2007
   The term "indicated" as used in Public Contract Code Sec. 7104, which requires that a local public entity that has contracted for public work involving an excavation deeper than four feet issue a change order altering the contractor's cost of performing the work when …
5. CONDON-JOHNSON & ASSOCIATES, INC., v. SACRAMENTO MUNICIPAL UTILITY DIST. Part II
   Jun 7, 2007
   The term "indicated" as used in Public Contract Code Sec. 7104, which requires that a local public entity that has contracted for public work involving an excavation deeper than four feet issue a change order altering the contractor's cost of performing the work when …
6. GARLOCK SEALING TECHNOLOGIES, LLC, v. NAK SEALING TECHNOLOGIES CORP.,
   Jun 7, 2007
   A modification decision.
7. MADDEN v. DEL TACO, INC.,
   Jun 7, 2007
   Allowing a concrete trash container to block wheelchair access to a restaurant entrance is a prima facie violation of the Americans with Disabilities Act of 1990 and of California statute requiring full and equal access to a place of public accommodation for persons with disabili…
8. PEOPLE v. THE BRODERICK BOYS Part I
   Jun 7, 2007
   Defendants were not required to admit gang membership in order to move to dissolve anti-gang injunction where plaintiff alleged that defendants were gang members and served them with the injunction. Injunction was void for lack of notice as to moving defendants where none of the …
9. PEOPLE v. THE BRODERICK BOYS Part II
   Jun 7, 2007
   Defendants were not required to admit gang membership in order to move to dissolve anti-gang injunction where plaintiff alleged that defendants were gang members and served them with the injunction. Injunction was void for lack of notice as to moving defendants where none of the …
10. PEOPLE v.WAYMIRE
    Jun 7, 2007
    In deciding to sentence defendant to upper term on methamphetamine manufacturing charge, trial court did not commit Blakely error in considering the fact that defendant's prior convictions were numerous and of increasing seriousness rather than simply the fact of a prior conv…
11. McKINNON v. OTIS ELEVATOR COMPANY
    Jun 7, 2007
    When employer fails to adequately notify employee of its subrogation lawsuit and proposed settlement involving an alleged third party tortfeasor and fails to obtain employee's consent to settlement of that suit, and when alleged third party tortfeasor, prior to settlement, wa…
12. PEOPLE v. SCHNABEL
    Jun 7, 2007
    In defendant's trial for child molestation, court erred neither in admitting into evidence his prior sex offenses pursuant to Evidence Code Sec. 1108, nor instructing jury on their use using CALCRIM No. 1191.
13. MACHADO v. THE SUPERIORCOURTOFSAN JOAQUINCOUNTY
    Jun 7, 2007
    A modification decision.
14. MINOR v. ESCONDIDOUNIONSCHOOL DISTRICT Part I
    Jun 7, 2007
    In suit by autistic children against special education teacher alleging he used abusive conduct to control them, court did not err in stating in jury instructions on battery claim that, in addition to other elements, plaintiffs must prove teacher's touching of plaintiffs was …
15. MINOR v. ESCONDIDOUNIONSCHOOL DISTRICT Part II
    Jun 7, 2007
    In suit by autistic children against special education teacher alleging he used abusive conduct to control them, court did not err in stating in jury instructions on battery claim that, in addition to other elements, plaintiffs must prove teacher's touching of plaintiffs was …
16. PEOPLE v. ROMERO
    Jun 7, 2007
    A modification decision.
17. PEOPLE v. WEAVER Part I
    Jun 7, 2007
    In deciding whether to deny probation to defendant convicted under Penal Code Sec. 191.5(a) of gross vehicular manslaughter while intoxicated, court properly considered victim vulnerability where victims had been driving their car on highway in proper direction at lawful speed wi…
18. PEOPLE v. WEAVER Part II
    Jun 7, 2007
    In deciding whether to deny probation to defendant convicted under Penal Code Sec. 191.5(a) of gross vehicular manslaughter while intoxicated, court properly considered victim vulnerability where victims had been driving their car on highway in proper direction at lawful speed wi…
19. PEOPLE v. WEAVER Part III
    Jun 7, 2007
    In deciding whether to deny probation to defendant convicted under Penal Code Sec. 191.5(a) of gross vehicular manslaughter while intoxicated, court properly considered victim vulnerability where victims had been driving their car on highway in proper direction at lawful speed wi…
20. SEASTROM v. NEWAYS, INC.,
    Jun 7, 2007
    Trial court did not abuse its discretion by denying class certification in unfair competition action charging defendants with unlawfully selling product that contained a prescription drug, where trial judge properly found that since plaintiffs were distributors of the product and…